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Can you enter using Visa Waiver even when you have your K-1 issued?

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Can you NOT use your K-1 (saving it for the next U.S. entry) and enter (and then leave) U.S. on a Visa Waiver instead?

I know it may sound silly :), but I'm wondering if that has been done by anyone?

My fiancee, who hopefully will get her K1 issued by the end of this month, will be coming to the US a month after.

I and my fiancee have planned a trip to Quebec, Canada for this late summer (late Aug through early Sep) before realizing that the Advanced Parole takes at least two months to process.

If she enters on her K1 (thus invalidating it) this time, there's little chance she can get the AP issued by August according to VJ timelines.

I thought about postponing our wedding until September, having her enter on the Visa Waiver (for 90days) next month, and then finally using her K-1 when we're coming back from our trip to Canada.

Perhaps it isn't worth the risk. But on second thought, why would any immigration officer force one to use her K1 when she says she wants to be able to get OUT of the country?

Thanks!

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Not worth the risk, the only time I have seen this do-able is by a very very few select Canadians who enter the USA and do not use their K-1.

They will give her the option to enter on the K-1 or turn around and go home.


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The only real way to know for sure is for her to board a flight and attempt to cross using her VWP instead of her K-1. If refused...then what? Will she chose to return to Korea or will she choose to enter on her K-1, thus ruining your trip to Canada

Play this safe, postpone your trip to Canada

Good luck


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I know this is a few weeks old, but I have first hand experience in entering on the VWP with another, unused visa in my passport. I had a valid F-1 visa, but wanted to spend the entire summer in the US, whereas the F-1 only allowed me to enter 30 days before starting school. I entered, asked the CBP officer if he could just admit me as a tourist since i planned to go home for a week and then come back on the F-1, no problem at all he said. Might be different with a K-1, but legally, there shouldn't be any problems doing this, as long as you re-enter. The problem is, you're only going to Canada.

The reason I wouldn't do this, is because entering Canada after a VWP stay is NOT considered having left the US as far as your visa waiver tourist status goes. You'd have to leave to somewhere outside Canada, Mexico or the Caribbean to re-enter in a new status after a VWP stay.

Edited by jaejayC

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I know this is a few weeks old, but I have first hand experience in entering on the VWP with another, unused visa in my passport. I had a valid F-1 visa, but wanted to spend the entire summer in the US, whereas the F-1 only allowed me to enter 30 days before starting school. I entered, asked the CBP officer if he could just admit me as a tourist since i planned to go home for a week and then come back on the F-1, no problem at all he said. Might be different with a K-1, but legally, there shouldn't be any problems doing this, as long as you re-enter. The problem is, you're only going to Canada.

The reason I wouldn't do this, is because entering Canada after a VWP stay is NOT considered having left the US as far as your visa waiver tourist status goes. You'd have to leave to somewhere outside Canada, Mexico or the Caribbean to re-enter in a new status after a VWP stay.

The F1 isn't a single use visa like the K1, and it doesn't allow for immigrant intent like the K1 does. The VWP also does not permit immigrant intent. There's a huge conflict here. The alien would be asking CBP to admit them under terms that prohibit immigrant intent, while they've got a visa in their passport that clearly indicates they intend to immigrate. I doubt most CBP officers would admit someone as a VWP visitor if they had a K1 in their passport. This is like going half way through the immigration process and then asking to be treated temporarily like a tourist again.


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My concern would be when they see her name on the flight manifest AFTER she has been issued a K1 as leaving the country and incorrectly assuming she entered and voided her K1. It is 100% not worth the risk.

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The F1 isn't a single use visa like the K1, and it doesn't allow for immigrant intent like the K1 does. The VWP also does not permit immigrant intent. There's a huge conflict here. The alien would be asking CBP to admit them under terms that prohibit immigrant intent, while they've got a visa in their passport that clearly indicates they intend to immigrate. I doubt most CBP officers would admit someone as a VWP visitor if they had a K1 in their passport. This is like going half way through the immigration process and then asking to be treated temporarily like a tourist again.

All excellent points.

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The F1 isn't a single use visa like the K1, and it doesn't allow for immigrant intent like the K1 does. The VWP also does not permit immigrant intent. There's a huge conflict here. The alien would be asking CBP to admit them under terms that prohibit immigrant intent, while they've got a visa in their passport that clearly indicates they intend to immigrate. I doubt most CBP officers would admit someone as a VWP visitor if they had a K1 in their passport. This is like going half way through the immigration process and then asking to be treated temporarily like a tourist again.

I have a similar problem, but it has to do with my fiance's job. He is in the merchant marines in France and works on boats with a 6 week off/7 week on schedule. He has his interview at the US Embassy on August 21st, but then has to leave to go work again around the 24th of September. His job takes him to Africa. We don't think there is enough time for us to get married in early September (right after he gets the K1 and flies here), apply for AOS, and receive the Advance Parole so he can leave again by the 24th. So the idea is that he'd enter with his B1/B2 visa in September, state his intent is to see his fiance and NOT to get married yet, and he'll wait to use the K1 when he comes back in November. As long as his stated intent is to just see me in September, it should be okay right? Any thoughts?

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