Travel After Receiving Visa

[KAandDH 0]

I've seen a lot of posts regarding travel back and forth during the visa process, but I am wondering if my English fiance can visit me in the US AFTER he has received his K1 visa. He is likely to receive his visa sometime this summer, but is not able to actually use it and move here until the end of the year for various personal reasons. So, we are planning on him visiting in September so that we're not stuck apart for such a terribly long time, but we're not sure if it's possible. If he travels here and doesn't use the visa, just comes in as a tourist like usual, will they have a problem with that? He will only be staying here for a matter of weeks and then returning home until his big move. We would have no intention of him overstaying the visa waiver limit or getting married while he's visiting. So it should be that as long as he provides ties to home and proves he will return, everything will be ok, right? Hope this makes sense Thanks much for any input!!

Kelly

[Brother Hesekiel 2,235]

The K-1 is the permission to enter the US as a potential immigrant, hence when entering as a visitor using the VWP, there's no need to fear that the visitor would want to stay without authorization. I don't see any problems in not activating the visa; however, it's ultimately up to the CBP officer to decide whether or not it's a viable option, and since the K-1 is a single entry visa there's a chance that he encounters a rather uncooperative person. Not likely, but possible.

You'll get more feedback on this issue soon.

Edited May 17, 2010 by Just Bob

[Usui Takumi 1,562]

I agree with bob 100%. Its up to the CBP ultimately. What I don't know, and this is the most important part, is if he/she says that your fiance must enter on the k1, do you have the option to withdraw your attempt to enter and return home instead of them stamping the K1. I'd like to say you have this option, but i'm not 100% sure.

[KAandDH 0]

Thanks so much for your input, you two! Wish we could get a definitive answer - can't believe there isn't someone on here who's dealt with this already... Guess it'll come down to trial and error. I'll make sure to post how it all works out for future wonderers!

Thanks again,

Kelly