Jump to content
MGill

Is a VWP visit possible even with an approved K1

7 posts in this topic

Recommended Posts

Hi all,

So this might seem like a strange question but here goes - is it possible to visit the U.S. on the VWP even though I've an approved K1 visa.

So the background is, my fiancée and I are planning to get married in June this year and my family will travel out from Ireland at the time. The thing is I've pretty much gotten the K1 approved (just forgot to have my fiancée sign a form) but the embassy has my passport and it should be issued shortly.

I want to head to the U.S. as soon as possible to be with my fiancée but I don't want to activate the K1 visa, remember wedding is in June. I was thinking of heading out the end of January until the end of March on the VWP, then come back to Ireland for about 2 weeks and then enter the U.S. on the K1 visa, get married before the 90 days are up and adjust.

So is it possible to enter the U.S. on the VWP even though I'll have an approved K1 when going.

Thanks for your help.

Mark

Share this post


Link to post
Share on other sites

Simpler to do a legal wedding straight away and then the big one in June.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

My understanding is that if the K1 visa is already in your passport then this is not possible. As above poster advised, go to a courthouse and get the legal side done and then have your wedding as planned in June (remember you won't be able to leave in the interim until you have your AP though).

Edited by Pheebs1201

Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online :dance:

August 14th 2018: NOA1

September 6th 2018: Biometrics

 

I am the Beneficiary

 

Share this post


Link to post
Share on other sites

Once your K1 visa is approved and stuck in your passport, you will have to enter the U.S. using it on your next visit. You won't be able to use the VWP as again. Once your K1 visa is approved, you will have 6 months from the time of your medical to enter the U.S. and then 90 days to marry.

Edited by Anna Grant

Share this post


Link to post
Share on other sites

Simpler to do a legal wedding straight away and then the big one in June.

Yes. Due to the complexities of having my Fiancee's family/friends come to the US & many other reasons, we are having 2 weddings. Jan 10, 2015 & Jan 10, 2016. This year's is basically the legal one & next year will be the big one.

Edited by Marco&Bettina

ROC Timeline!

Service Center : California Service Center

NOA1 : 2017-09-01

Biometrics : 2017-09-28

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA1 : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

EAD/AP Card Received : 2015-03-27

NPIW : 2015-06-11

AOS Approved : 2015-11-24

GC Received : 2015-12-01

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

Share this post


Link to post
Share on other sites

gotten the K1 approved (just forgot to have my fiancée sign a form) but the embassy has my passport and it should be issued shortly.

The K-1 will override any other visa. It will be the next to be used if you want to enter the US, period.

I want to head to the U.S. as soon as possible to be with my fiancée

That is the usual objective of most couples.

but I don't want to activate the K1 visa

Then you stay, you don't have this option.

, remember wedding is in June. I was thinking of heading out the end of January until the end of March on the VWP

, then come back to Ireland for about 2 weeks

Nope not possible.

and then enter the U.S. on the K1 visa, get married before the 90 days are up and adjust.

The usual process.

So is it possible to enter the U.S. on the VWP even though I'll have an approved K1 when going.

No

Thanks for your help.

Mark


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×