Unused expired K1 on passport ,can I visit the USA for a few days?

[city2888 5]

A Little about myself and my situation I find myself in.

I'm I live in Ireland . I was married before to a U.S. Citizen ,divorced of course now ,but she is the mother of my child and she resides in the U.S.

I have a daughter who is a U.S. Citizen that is currently living with me .

I have a fiancé who is a U.S. Citizen and who lives in the USA .

My fiancé and I applied and were successful in getting the k1 visa in Dublin ,Ireland, but near the expiry date we felt we needed more time and it might be best that my daughter ,to see out the school year here in Ireland ,and that we thought we would reapply at a later date. But before we made a decision we emailed the embassy about was it possible to extend the visa , that way we would be able to tie up loose ends, but they phoned and said that was not possible, but they informed us that we could start the process over at a later date, so I told them I would discuss it with my fiancé and I would be in touch .

Over the next week or so we discussed it and decided , it was best not to put our selfs under to much pressure, and that my daughter could see out the school year here,and it was best to start the process over at a later date. I know your thinking you should have made sure you were ready before applying...and we were but life throws up unexpected things and we had a few set backs,when trying to tie up loose ends.

So we emailed the embassy in Dublin informing them , that we would no longer need the visa at this moment in time and we would like to reapply at a later date. They phoned and I asked how do I go about getting the visa removed or cancelled and the K1 pack back to them. They said you could send the package back to the Immigrant Visa Unit in Dublin and they would forward it to the relevant authorities. So I asked did they want my passport also, they said with only a few days left on the visa ,they didn't want it back as it is about to expire ,and seeing I wasn't planning on using the Visa.

So I sent the package back ...with a cover letter stating we weren't using it ,and thanking them for approving us in the first place , and with the emails I had sent earlier so they had aback ground to why we were sending it back .i kept a copy of those for my records , Dublin embassy has one for their records, I also taped a copy on to the K1visa pack as I'm sure that it would be sent back to America. I also took and have photos of the package with the stamp and tracking reference and who signed for it.

I then asked could I travel to the USA after the visa expired ,she said you need a tourist visa or ESTA ,but you may be denied entry ,it would be up to CBP ,if I would be allowed enter , which I understand it's a case by case basis.

I do have an esta I had that before I applied for the K1 visa and it doesn't expiry to 2017 .

My plan is to bring my daughter back to her mother in the USA after the school year finishes here in Ireland ,then fly on to my fiancé and spend a few days with her ,so we can spend time together and discuss when best to restart the process over before heading back to Ireland . On my current passport I have 18 U.S. Visits , my last trip which was at the end of 2015 .

My concern of course is ,that I have an expired K1 visa on my passport ,which shows intent to immigrate. Which I'm not wanting to do that till I redo the paperwork with my fiancé and we are sure we have everything in place before we start that process .

Am I breaking any laws trying to enter the U.S. With an expired Visa on it ?

What is my status at the moment?

Can I use esta?

Do I need a Visa ?

What issues may I run in to at CBP?

How best can I get around any of these issues ,if they are any?

Can I be found inadmissible?

If I was found inadmissible is there anyway around that.

Any laws I may be in violation of if I try and enter?

I can't afford to be denied entry to the U.S. ,more so cos my daughter is going back to go to school there from now on after her year with me in Ireland . And also we probably would not be able to start the K1 process again.

I'm sure you might be able to see other areas that I may have issues when trying to enter the USA ,and hopefully solutions to my dilemma

What about the nationality act § 212(a) immigrant ? Any issues with that if I use esta?

I know nothing in life can be 100 percent guaranteed, but I just want to be able to go in and out of the USA ask did before getting the K1 visa ,until such time as we start the process over for the K1 visa .

I'm not looking to live there ,I want to just bring my daughter back to her mom, spend a few days with her in the U.S. , fly on to my fiancé as I say and head home to Ireland again .

Yes I'm sure we made mistakes ,maybe we should have contacted the embassy earlier,but it was a tough choice and we gave ourselves as much time as possible to make the right decision for us.

That's as much info as I can think of at the moment , I hope it is of some help so you have some pieces of the puzzle that is my dilemma.

I can't afford to make any mistakes that could end up costing me access to my daughter in the USA once she goes back, but also my relationship with my fiancé .

At this moment in time I dunno what to do ,or what way is it best to approach this issue

I look forward to hearing from you, hopefully you will be able to help.

Thanking you in advance

[Harpa Timsah 13,258]

Update ESTA, then see.

[Rc123rc 528]

The problem is basically, you filed for intent to marry, you withdrew it and now you want to go visit soon after. Chances are, even though you have a valid visa or even Esta, you will get denied because customs will think you have "Intent to Immigrate." You're going to have to wait awhile or your fiancee will have to go there or the both of you to a third country for a visit. A visa or Esta only allows you to go the United States. It doesn't grant you entry into the country. I don't see anything illegal but there is a high chance of wasting your time, money and just get a denial for your trouble.

Edited June 12, 2016 by rcripps

[city2888 5]

I did ty but all you can do is update the address you are staying at

[Harpa Timsah 13,258]

Then there is nothing else to guarantee you entry to the US. You pay your money and you take your chances. You are free to try to enter and as long as you don't lie you won't harm any future K-1 attempt.

[Merrytooth 5,748]

Dublin airport has US preclearance facility, so you will know if you are allowed to board the plane.

Edited June 12, 2016 by Merrytooth

[Harpa Timsah 13,258]

Dublin airport has US preclearance facility, so you will know if you are allowed to board the plane.

Ooooh, ding ding ding Merrytooth!

[city2888 5]

I fear I will have issues ..my worry I guess If I get denied and what comes from that...years or even life time ban . For being honest and letting them know we weren't ready . I mean I'm working full time ,in fact I have that job about 18 years ,so not even a letter stating that I work full time and there that long with them ...and payslips showing me working after the expiry date ,will probably not make any difference I guess ,I was also going to bring a letter from my ex wife stating ,I've been either coming to visit my daughter,a few times a year or either coming there to pick her up ,over the last few years won't matter either

[Anitafeliz 1,133]

Oh boy what a mess if they deny entry i guess youll have to re apply for the k1. If you are still with fiancee....

Edited June 12, 2016 by Anitafeliz

[city2888 5]

I have to redo the paperwork that's not the issue we knew that ...I just want to be able to bring my daughter back to her mom... My daughter is a U.S. Citizen . I've been flying her back and froth to her mom for years ...most of my 18 trips to the USA bar maybe two / three involved going to my daughters home state

[Harpa Timsah 13,258]

You will NOT be banned for trying to visit, as I said already. You could be banned for misrepresentation, or lying, so don't lie. That's all.

If you get denied entry for immigrant intent, you will still be able to get a K-1 visa, and probably visit again after a little while. Really.

Edited June 12, 2016 by Harpa Timsah

[Anitafeliz 1,133]

I have to redo the paperwork that's not the issue we knew that ...I just want to be able to bring my daughter back to her mom... My daughter is a U.S. Citizen . I've been flying her back and froth to her mom for years ...most of my 18 trips to the USA bar maybe two / three involved going to my daughters home state

She can fly with a stewardess if your unable to enter the US because you applied for a k1 and didn't use it.

And now it looks like intent to migrate...

Edited June 12, 2016 by Anitafeliz

[mallafri76 1,012]

You can still visit under the VWP. Not sure what your chances are of being let in though, since you have that expired K-1 visa in your passport, a USC fiance and a USC ex-wife with whom you have a child, which you are now dropping off in the US. That's pretty darn strong ties to the US. Bring whatever ties you have to Ireland and hope for the best. Like Merrytooth said, at least you'll know before boarding the plane whether or not you'll be allowed into the US. How old is your kid? If old enough, maybe have a backup plan by talking to the airline about the possibility of your kid travelling alone?!

[arken 4,197]

What you two decided not to pursue with K1 visa is not considered a mistake or breaking the law in terms of immigration laws, so don't worry. If you get denied an entry at POE, it will not be because what you did in the past, it will be because the CBP thought you will probably live in the US and not return back. As said, you will not get any sort of bans even if you are denied. You can easily pursue a new k1 process again if you want in that case.

You haven't broken any laws and you will not be breaking any laws by trying to travel to US. Your entry will not be affected by your withdrawn K1 case but will be affected by the fact that you have a fiance in the US, have shown immigrant intent visa K1 earlier, have a USC daughter and a USC ex-spouse.

[city2888 5]

She's 9 I wouldn't let her fly alone ... I'd just have to get someone to fly her back at a later date...all the points people brought up are pretty much the ones I thought of too , anytime I've flown with my daughter back to the USA ,and when asked what was my purpose for my visit I always said bring her back to her mother to stay or if the case i was for a visit ,I'd say for a visit , then I'm flying on to my gf to visit her before flying home . I think the frustrating part is I'm doing nothing wrong I don't want to live there cos I want to do it , with the right paperwork until then I've no interest in living in the U.S. .... if I did wouldn't I have just used the visa before it expired . I've got to much to lose if I did that ...cos I'd never be able to visit my daughter again until she was able to fly by her self, yes they are ways around that sending someone over , but that two tickets I gotta pay for, when she lived in the USA I only had to buy one cos I was going to visit her .but it's not so much the cost... It's less time I'll get to see her cos when school starts , she be in the U.S. And I used to fly 3/4 times a year to make it easier , so she wouldn't be so down with out me when she lived and went to school there. It's just a mess and to be honest people might laugh at this suggestion , I know it won't happen but I'd gladly wear an ankle bracelet with a tracking device on it if I had to..... Would I like to be tracked like an animal no ... But it be worth it to see my child and be able to go in and out of the U.S.