Visiting US after K-1 in hand/passport... but not activating it?

[Jo Amelia Finlay 20]

I feel like I can guess the answer to this but wondered if anyone had some definitive info or experience.

Once the interview is passed and passport received back with visa inside, relevant paperwork etc, is one able to visit the US on the VWP still without entering on the K-1 yet?

My mum suggested Bob and I meet for a weekend in December - which would be after my anticipated interview etc date, but before I would be ready to emigrate. Initially I thought "Ooh! We wouldn't have to go 6+ months apart!" (we are used to 3/4) but now I am assuming once the K-1 is ready to go, I have to use it. OR risk the journey and try to explain to the officer at POE! (NB: I would not even attempt this).

I tried searching the forums for this but all I could find was Canadian info, and obviously different rules apply.

Opinions?!

Of course we can wait a little longer than normal (we're good at waiting, by now!), but I just wanted to put the question to the VJers out of curiosity.

[Merrytooth 5,748]

It is up to the discretion of the CBP officer at the POE.

Once the K1 visa is activated, you have to get married within 90 days, file for AOS and cannot leave US without Advanced Parole.

So you have to plan accordingly for the different scenarios you might encounter at the POE.

Edited August 14, 2013 by Merrytooth

[lost_at_sea 995]

Funny you mention finding Canadian info... Have you considered taking a trip somewhere *other* than the US together? Maybe Canada, for example?

[Nich-Nick 3,354]

We had a similar situation. If you want to visit, then delay your interview. The DS-2001 readiness for interview form requires a cover letter stating the date of your wedding, date of medical and email address. Use that same cover letter to say --

Note: I will not be available for interview until after Dec xx, 2013 because of travel plans out of the country. Pleas schedule my interview after Dec xx, 2013.

They delayed my fiance's interview based on such request.

Things to keep in mind.

1) Your petition will expire around Nov 7. To revalidate it (stated in your instruction letter) the US fiancé will have to prepare a new letter of intent, have it notarized, and send to the UK fiancé to take to the interview.

2) your visa will be issued by London to expire 6 months from the date of your medical exam. It is not six months from the I terciew. So plan and schedule accordingly. If you had your medical in August, but delayed your interview until January, your visa would only be valid until February.

When do you want to move?

[Jo Amelia Finlay 20]

Funny you mention finding Canadian info... Have you considered taking a trip somewhere *other* than the US together? Maybe Canada, for example?

Haha, you know what? I hadn't! And he lives so far upstate NY it is practically Canada. I am a doofus.

We had a similar situation. If you want to visit, then delay your interview. The DS-2001 readiness for interview form requires a cover letter stating the date of your wedding, date of medical and email address. Use that same cover letter to say --

Note: I will not be available for interview until after Dec xx, 2013 because of travel plans out of the country. Pleas schedule my interview after Dec xx, 2013.

They delayed my fiance's interview based on such request.

Things to keep in mind.

1) Your petition will expire around Nov 7. To revalidate it (stated in your instruction letter) the US fiancé will have to prepare a new letter of intent, have it notarized, and send to the UK fiancé to take to the interview.

2) your visa will be issued by London to expire 6 months from the date of your medical exam. It is not six months from the I terciew. So plan and schedule accordingly. If you had your medical in August, but delayed your interview until January, your visa would only be valid until February.

When do you want to move?

Ahhhhh, thanks for that, had not realised (or remembered!) that it's from medical date!

Realistically I think we both want this part of the journey over with sooner rather than later; so I think we'd put up with more time apart for the sake of getting this end part of k-1 process done. Our petition expires Nov 10, I seem to recall, so really I'd like to keep the ball rolling now. I sent in my initial DS forms today and got my td shot. I need to liase with my GP about some things before I call to book my medical... then planning to send readiness forms to arrive roughly same time as medical results. Been reading reading reading so much on here, trying to get my head straight on how to do what, and when. To postpone just for the sake of a dirty weekend is tempting - hell, I'm only human - but also seems rather foolish, now I have some control over how fast things move!

I have in mind early next year to move. I don't think logistically I could do it before xmas, even if all the visa ducks are in a row, and really I'd like one more xmas with mum before I go. I'm not ruling anything out, but that's kind of the rough timescale I have in my head.

Edited August 14, 2013 by Jo Amelia Finlay