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lechatpito

K1 approved, can I still enter as a tourist on a visa waiver ?

By lechatpito in K-1 Fiance(e) Visa Process & Procedures

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lechatpito Rookie

lechatpito   0

Posted
Filed: K-1 Visa Country: France
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Posted

Hello everyone,

I had my interview at the consulate two days ago and it was successful smile.png ! However I have learnt that I won't be able to exit the country before 1) we get married, 2) submit the adjustment of status to USCIS and 3) recieve an advance parole or another form ov travel permit (I still have to check into that, it apparently depends on the state where you get married, I will be in New-York if you have info) :(

The problem is that we already made arrangements for our honey moon in south america during the winter holidays.

So the question is ... Is it possible to enter the country on a tourist visa as I already did during the time I was waiting for my K1 ? And then I will show the K1 when coming back from South America...

I doubt but I would really like to hear any experience on this.

Thanks

François

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Avery Cates Proficient

Avery Cates   1,141

Posted
Filed: K-1 Visa Country: United Kingdom
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Posted

No.

A K-1 cancels any other visas, and is good for one entry only. If you leave the country before adjusting or getting advanced parole, you will not be allowed back in, the visa will be considered abandoned, and you will have to start the process over from Day 1 scratch.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

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Harpa Timsah Grand Master

Harpa Timsah   13,258

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Filed: Lift. Cond. (apr) Country: Israel
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Posted

No. You cannot have a honeymoon outside the US with a K-1. Sorry.

You can go to South American before you enter the US, and before you get married, a pre-marriage trip, if you want.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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SparklePony Proficient

SparklePony   238

Posted
Filed: Citizen (apr) Country: Portugal
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Posted

Maybe try to postpone the honeymoon plans? Some companies will allow for that.

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

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SparklePony Proficient

SparklePony   238

Posted
Filed: Citizen (apr) Country: Portugal
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Posted

A similar thread was started just around the same time as this one and someone linked to this thread, about entering the US without activating the K1 visa. The OP of that thread was successful in doing so, but it is a slightly different situation, as they did not marry in that visit.

Just giving you more information, though I maintain that it's still not a good idea to leave the US for your honeymoon.

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

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lechatpito Rookie

lechatpito   0

Posted
Filed: K-1 Visa Country: France
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Posted

Yes! Thanks for the pointer SparklePony, that other thread is exactly what I was asking for. Again it is a lottery depending on the POE officer you come across. There is some chance they let me in as a tourist, if not then it's likely they oblige me to enter on K1 (given I have the papers), and there must remain a few chances that they turn me back.

Being honest about my motive as the guy was (I'll only be there 2 weeks) and showing supporting evidence (the plane tickets) can help...

I will still be able to change my honey moon plane tickets at this time so it is worth to try it.

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PhilLuv Explorer

PhilLuv   43

Posted
Filed: AOS (apr) Country: United Kingdom
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Posted

It is possible. Someone from the UK did it in a different forum last year or so. At the time he wanted to know if he could travel using VWP and like you he was advised he could not. He tried it and reported back that he was successful.

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bigdog Veteran

bigdog   376

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

Play it straight, go by the rules of the K-1. Good Luck.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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Avery Cates Proficient

Avery Cates   1,141

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

It is possible. Someone from the UK did it in a different forum last year or so. At the time he wanted to know if he could travel using VWP and like you he was advised he could not. He tried it and reported back that he was successful.

Citation needed.

It's a mighty big risk without some hard, hard facts to back it up.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

OP: Even if you entered on the VWP, you could not get married. You would have to go on your honeymoon as unmarried. A person using K-1 must enter the US as an unmarried person.

So if you want to go to south america, you might as well just fly there directly for a pre-marriage-honeymoon.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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