Visiting U.S.

[jkminney 30]

I'm not sure if I'm posting this in the correct area or not. Has anyone ever tried to visit the U.S. after a K1 visa was issued but the marriage didnt take place? Not trying to stay in the U.S. ONLY visit. My fiance left way before the 90 day period to be married would have been up. There was a family emergency and he left urgently. Because of the situation at home we don't want to refile any paper until we know for sure he will be able to get here and not have any further issues prior to receiving the advance parole. We haven't seen each other in 5 months and we just really are looking forward to the visit but I can't help but worry about that visa being in the passport and him going through immigration and them saying NO WAY BUDDY! LOL. Any input would be greatly appreciated. He's been here several times, never overstayed.

[His Colombianita 0]

you are only allowed to enter the states 1 time under a k-1 visa. My guess would be that you guys would have to file papers again for either Fiance or spouce visa. You should call the USCIS offcie or speak to an immigration lawyer

Good luck!

[canadian_wife 1,791]

you'll have to file again. The visa is not longer usable because it is a single entry visa. When you refile, they'll take care of the K-1 currently in his passport and issue you a new one. Be prepared to anwer questions about the 2nd K1, you may also have to file a wiaver if you petition less than 2 years after the 1st petition under IMBRA.

As for visiting, he may not be allowed to enter. He clearly has immigrant intent and may raise flags that he had a K-1, returned to the UK and how wants to re-enter. To help with this, he should be STRONG ties to the UK and enter at a POE outside of the US (I hear places in Ireland have US POE's in them)

Good luck

[jkminney 30]

I know we'll have to refile that's not the issue. He just wants to be able to come spend the holiday season with me...that's all. We are waiting to refile anything until he's certain his mom is in a better state.

We booked the ticket through Dublin just in case they don't let him in. I was more curious if anyone else has come back for a visit/vacation after that visa is in their passport and what the situation was when they went through immigration. I can't imagine we are the only people who have had a situation like this. Come on the K1, have a family emergency, and want to come back for a visit...even if that visit wasn't to see the person they had the K1 with. I told him I think they will ask plenty of questions and he needs to know that. I'm just hoping because of his good record with coming and going they will see he's not trying to be sneaky.

[ameribrit 37]

It shouldn't be a problem. The original K1 died when he entered on it. As you say, he can expect to be grilled by the POE officer though. He will need to carry as much proof as possible of ties back in the U.K. so that he can satisfy the POE oficcer that he is not trying to take a shortcut in the immigration process, and that he will return in the specified time. Without such evidence, he will be running the risk of being sent back on the next available plane. It has been said before that the POE officer can shorten the 90 day eligible stay on VWP to a shorter time. I suggest he have a diffinate departure date from the US.

[Gary and Alla 3,694]

I'm not sure if I'm posting this in the correct area or not. Has anyone ever tried to visit the U.S. after a K1 visa was issued but the marriage didnt take place? Not trying to stay in the U.S. ONLY visit. My fiance left way before the 90 day period to be married would have been up. There was a family emergency and he left urgently. Because of the situation at home we don't want to refile any paper until we know for sure he will be able to get here and not have any further issues prior to receiving the advance parole. We haven't seen each other in 5 months and we just really are looking forward to the visit but I can't help but worry about that visa being in the passport and him going through immigration and them saying NO WAY BUDDY! LOL. Any input would be greatly appreciated. He's been here several times, never overstayed.

He is from a VWP country so it is unlikely he will be denied entry, BUT he cannot now get married and adjust status. He surrendered his status when he left without an AP. He could have received an emergency AP by filing for one with an infopass appointment, it woul dhave been issued and sent ot he consulate in London for him to pick up. Such is one of the problems with the K-1 visa that you accept when you choose to apply for one.

You have 2 options...

File a new I-129f for a new fiancee visa and start over.

Get married (here or there) and file for a CR-1. He will be able to visit here the same as any other UK citizen and for as long as he is allowed. He will have to return to the UK for his visa interview.

Trying to enter on a tourist entry and getting married and adjusting status will not work as you have already clearly declared your intention to do so.

[jkminney 30]

I know what we need to do now that's not the issue...My question was if anyone had ever come back to the U.S. for a VISIT only with having had a previous K1 visa in their passport. You know what kind of questions were asked at POE that sort of thing. He has plenty of ties to the UK. There was a valid reason for him having gone home and why we aren't ready to yet file for another K1 or start the CR1. We just want to spend the holidays together lol. We aren't trying to do an adjustment of status or anything like that. I just want to know if anyone has any ideas of what sort of questions will be asked...that's all.

[ARTY AND LILI 0]

I'm not sure if I'm posting this in the correct area or not. Has anyone ever tried to visit the U.S. after a K1 visa was issued but the marriage didnt take place? Not trying to stay in the U.S. ONLY visit. My fiance left way before the 90 day period to be married would have been up. There was a family emergency and he left urgently. Because of the situation at home we don't want to refile any paper until we know for sure he will be able to get here and not have any further issues prior to receiving the advance parole. We haven't seen each other in 5 months and we just really are looking forward to the visit but I can't help but worry about that visa being in the passport and him going through immigration and them saying NO WAY BUDDY! LOL. Any input would be greatly appreciated. He's been here several times, never overstayed.

The fact that someone comes on a K1 visa and returns home in a timely manner demonstrates a commitment to obey US immigration laws. This can have a favorable outcome if handled properly. It might depend on the type of visa that you apply for.

[jkminney 30]

The fact that someone comes on a K1 visa and returns home in a timely manner demonstrates a commitment to obey US immigration laws. This can have a favorable outcome if handled properly. It might depend on the type of visa that you apply for.

He doesn't actually need a visa as he's from a VWP country.

[Nik+Heather 121]

He doesn't actually need a visa as he's from a VWP country.

Having and using a visa previously should not preclude him from using the VWP If he was denied a visa previously, that's what they care about.

I'm a little curious about why you have given up on the first K-1? Have you contacted the embassy to see if they would re-issue the K-1? Some people have had to leave before marriage due to family emergencies and they have been able to get the visa re-issued. No waiting for the petition again. It's worth a shot. They can't say yes, if you don' t even ask is what I say. Then, when he's there for the visit, get the wedding done, and apply for AOS in the first couple of days. Take the documentation of his mother's condition to get emergency AP for him to get home to her...

My sympathies for your troubles. Stinks that immigration issues have to multiply them!

[Brother Hesekiel 2,235]

Short answer: anybody who had ever a visa issued is NOT allowed to enter the US as participant of the VWP anymore. In English: he'll need a B2 in order to visit.

[jkminney 30]

Having and using a visa previously should not preclude him from using the VWP If he was denied a visa previously, that's what they care about.

I'm a little curious about why you have given up on the first K-1? Have you contacted the embassy to see if they would re-issue the K-1? Some people have had to leave before marriage due to family emergencies and they have been able to get the visa re-issued. No waiting for the petition again. It's worth a shot. They can't say yes, if you don' t even ask is what I say. Then, when he's there for the visit, get the wedding done, and apply for AOS in the first couple of days. Take the documentation of his mother's condition to get emergency AP for him to get home to her...

My sympathies for your troubles. Stinks that immigration issues have to multiply them!

I checked into them re-issuing the K-1 they in some circumstances will do it but you still have to get married withing the original 90 day window that he entered the country annd unfortunately for us that window has come and gone!

I'm pretty good about doing all the research ya know but this subject, someone actually coming for a visit AFTER they've had a K1 and their experience with coming through POE is nowhere to be found.

I'm assuming they will question him, and he'll have plenty of evidence of his return. Just sucks that you even have to worry about this stuff when all you want to do is spend some time together. I know that's part of being with someone from another country. To be fair I've never worried about him entering or having any major issues with POE until now...all because of a sticker in his passport lol.

We are being positive and hoping he doesn't have any issues and really it should be understandable by another human being that things happen. Plans dont always work the way we hope they do and all we can do is work with the situation we have.

Maybe I should send those people at the Dublin POE some suck up cookies and start schmoozing LOL. He'll be here the 16th of Oct if things go well. I'll keep you all posted on his experience. That way if someone else ever gets into a pickle like this again they can have some idea of what to expect.

[jkminney 30]

Short answer: anybody who had ever a visa issued is NOT allowed to enter the US as participant of the VWP anymore. In English: he'll need a B2 in order to visit.

Bob your answer is WRONG. We contacted the local Border office and they said there's NO reason that someone can't enter the U.S. on a VWP as long as they weren't previously denied entry.