K1 approved, Entering USA on VWP

[Markus&Joy 0]

Hey everyone, this is my first time writing on VJ. My fiancée and I have used this site as a constant point of reference throughout the VISA process. Before I ask my questions, I want to thank the immigration community at VJ for their advice and regular contributions to individuals and couples in need of answers to such important questions.

My name is Markus, I'm from Seattle, my fiancée Joanna is from Colombia and has dual-citizenship in Colombia and Germany. In August we're set to get married in the US. Joanna has recently been approved for a K-1 VISA. Currently she is still in Colombia and has not yet entered the US.

My question is:

- Joanna needs to take a very short trip to the US in early May but cannot stay because if she did the 90 days would expire before our wedding day in August. Can she enter the United States for a few days with her German passport under the VISA Waiver Program (VWP), LEAVE the US a few days later returning to Colombia, and weeks later fly back to the US using her Colombian passport under the K-1 Fiancée VISA where she would then remain stateside?

We are aware that once a K-1 VISA holder enters the US using the K-1 VISA, a premature departure from US territory would result in the cancelation of the K-1 VISA. Joanna and I fear that if she tries to enter the US with her German passport under a VWP, she could either be stuck in the USA unable to make use of her remaining two purchased flights OR even worse, upon her second arrival would discover that her K-1 has been voided.

I would be open to any and all advice on the situation.

Thanks!

Markus and Joanna

[christeen 966]

My though process is that this will create an issue because she will be entering first with a German passport, then a short time later on a Colombian passport with K1... Seems gaming the system (which she is) I don't think I would risk it (the short trip to the USA) but perhaps others will chime in with more info...

[slowlyman 118]

I take it her Visa is in the Colombian Passport?

[Markus&Joy 0]

Yeah, her K-1 Visa is in the Colombian passport.

[sxy 2]

I believe it is very risky and not worth trying.

When a K1 visa applicant enters the US, the immigration officer is very likely to know the person is in k1 visa process or has a k1 visa. VISA Waiver Program is granted to people who have no immigration intent. K1 visa indicates immigration intent. Personally, I think if a person uses VISA Waiver Program to enter the US and conceals having a k1 visa, it can be considered a fraud.

If you really want to do that, it is better to consult a lawyer. All the answer you get here may be just consumption.

Edited March 16, 2014 by sxy

[SparklePony 238]

I wonder what it would say when she tries to get her ESTA. Maybe see if that's possible first?

[NigeriaorBust 4,090]

Your bio metrics are based on your fingerprints, name, place and DOB So when she enters no matter what passport she presents she activates her K1 and when she tries to return for her wedding she will be denied because she entered and left and you will start all over again

[Mike-eeh and Odie 193]

Her K-1 will be activated once she enters the USA, regardless if she enters in on her Colombian passport or not. I say skip the May visit and have her come in June.

[baron555 934]

- Joanna needs to take a very short trip to the US in early May but cannot stay because if she did the 90 days would expire before our wedding day in August. Can she enter the United States for a few days with her German passport under the VISA Waiver Program (VWP),

Nope, they will use the K-1. VWP is not an option once that is issued.

LEAVE the US a few days

Sure, one can leave at any time.

later returning to Colombia, and weeks later fly back to the US using her Colombian passport under the K-1 Fiancée VISA where she would then remain stateside?

Nope. Won't be allowe back in because she doesn't have the AP or GC. You'd have to refile all over again and wait the time out, again.

We are aware that once a K-1 VISA holder enters the US using the K-1 VISA, a premature departure from US territory would result in the cancelation of the K-1 VISA.

No, the K-1 is cancelled at POE and replaced with a I-94 visa valid for 90 days.

Joanna and I fear that if she tries to enter the US with her German passport under a VWP,

Not to worry, she won't be able to do that.

she could either be stuck in the USA unable to make use of her remaining two purchased flights

Yep, but isn't that the plan, to remain "stuck" in the US? She shouldn't have purchased those flight. Reschedule them if you can.

OR even worse, upon her second arrival would discover that her K-1 has been voided.

Yep

I would be open to any and all advice on the situation.

Forget all about this scheme.

T