Can I put our K-1 visa on hold?

[DRAGONKNIGHT421 0]

All we have left is the medical stuff and the interview, it could all be done by July 31st.

Her Korean parents are getting cold feet about her leaving for good, and in an attempt at diplomacy, the plan is for her to come to the US on a tourist visa for 90 days or less, see what it's like living together, she can go home to refit and reorganize, come back, repeat as needed.

Of course, we can't really do that with an approved K-1 visa. Is there a way we can put it on hold? Or do we have to withdraw it?

If we withdraw it, do you think the customs officers will let her in the U.S. if we explain that she's not here to immigrate, obviously we almost had a K-1 visa and here's the paperwork to prove it.

If we withdraw it, how long do we have to wait before we resubmit?

[Pitaya 2,577]

Contact the embassy and inquire about your options.

[usmsbow 802]

All we have left is the medical stuff and the interview, it could all be done by July 31st.

Her Korean parents are getting cold feet about her leaving for good, and in an attempt at diplomacy, the plan is for her to come to the US on a tourist visa for 90 days or less, see what it's like living together, she can go home to refit and reorganize, come back, repeat as needed.

Of course, we can't really do that with an approved K-1 visa. Is there a way we can put it on hold? Or do we have to withdraw it?

If we withdraw it, do you think the customs officers will let her in the U.S. if we explain that she's not here to immigrate, obviously we almost had a K-1 visa and here's the paperwork to prove it.

If we withdraw it, how long do we have to wait before we resubmit?

She doesn't need a tourist visa since South Korea is a part of the VWP.

CBP would not know about the K-1 visa application. Assuming she did NOT get the K-1 visa, the application should not pose a problem entering the US via the VWP.

Has the interview been scheduled yet? If not, then you should have no problems. Approved K-1 petitions can usually be extended to up to a year after the NOA2. You should confirm with the embassy though. And if you have scheduled the interview, see if you can re-schedule it.

Edited to add: at this point in time, I don't see any reason to withdraw the petition/application.

Edited July 1, 2015 by usmsbow

[DRAGONKNIGHT421 0]

usmsbow:

That's what I was trying to say, the VWP. Is there a hard limit to how many times you can enter the U.S. under the VWP? Or is there a soft limit where they start getting too suspicious?

I believe she said the interview is scheduled but I'll have her ask if we can reschedule it.

Thank you.

[usmsbow 802]

usmsbow:

That's what I was trying to say, the VWP. Is there a hard limit to how many times you can enter the U.S. under the VWP? Or is there a soft limit where they start getting too suspicious?

I believe she said the interview is scheduled but I'll have her ask if we can reschedule it.

Thank you.

No, I don't believe there is a hard limit, and I think it totally depends on the circumstances on when they'd become suspicious. If one is entering and leaving the US often and frequently, many entries probably would not raise an eyebrow. Staying the maximum 90 days, then coming back soon after that would raise an eyebrow.

[Unidentified 2,930]

They don't have a hard-set rule about how often you can visit but if they suspect you're abusing it they can deny you entry. I visited my fiance on VWP twice with two months apart. First time about 89 days the second visit was about 60 days. I had no issues.

Like it's been said: I think it's better if she comes over on VWP and that you continue the K1 process.

[Darnell 8,478]

1. if she's already scheduled for the K-1 interview, she can get it rescheduled.

2. if she hasn't been scheduled yet, she can email in to the IV Unit and ask for the validity of the duration of the approved i-129F to be extended a few months.

[DRAGONKNIGHT421 0]

The problem is, she originally tried to come to the U.S. on an F-1 visa which got denied. So now they told her that she can't even enter on the VWP. Is that true?

[Unidentified 2,930]

The problem is, she originally tried to come to the U.S. on an F-1 visa which got denied. So now they told her that she can't even enter on the VWP. Is that true?

Did the people at the embassy say that? Then it sounds like they suspected that she had "immigration intent". It's up to the CBP officer at the airport she will arrive at to decide if they will let her in or not. I don't know if the embassy can flag her passport or not.