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Charmily

2018 UK citizen Travelling to USA on ESTA with K1 visa printed in my passport

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Filed: K-1 Visa Country: United Kingdom
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Hi All,  I thought I'd share my story. (L)

 

I searched long and hard to find any information on entering the USA on an ESTA once you have the K1 Visa in your passport. All UK citizens, let me tell you, IT CAN BE DONE :)

 

I second guessed myself and whether this was possible for a long time and found very little evidence out there for or against apart from warnings so I did it myself. 

 

I received my K1 visa on April 13th 2018. And booked my return flight to Fort Lauderdale airport that same day. 

 

On April 20th 2018, I was lucky to have my girl hold my hand the whole way but I can tell you that an ESTA is not a Visa and therefore does NOT get cancelled when you are given a K1 visa in your passport. 

 

Its very reasonable to tell the officer that you are coming in to plan your wedding. Why should we not have the right to enjoy planning our day with our future wife/husband. 

 

They will take you into secondary. They will want you to have a return ticket. And of course if your spouse is with you or can meet you at the airport that is a plus. I even had letters written from my employer, parents, spouses parents, evidence of multiple leaving gatherings when I returned to England, but they looked at none of this. 

 

Be confident in who you are and take as much evidence as you can. Then when you make it through share your experience and encourage others to do the same because it is not against the law. 

 

Just because we Brits fell in love with the most amazing American Man or Women does not mean that we have to suffer for it. 

 

Enjoy your love! And have a Fab Wedding Day! (L)

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Filed: Citizen (apr) Country: Colombia
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I don't have a comment about using ESTA after receiving K1 as this is not anything I have direct experience with.

 

19 minutes ago, Charmily said:

Why should we not have the right to enjoy planning our day with our future wife/husband.

This was pointed out to me early in my visa journey but neither you nor your USC fiancee have any "rights" associated with immigration. Immigration is a privilege and people are expected to follow the rules and guidelines to receive this privilege.

 

21 minutes ago, Charmily said:

Just because we Brits fell in love with the most amazing American Man or Women does not mean that we have to suffer for it.

A suffer free immigration experience would have to qualify as an uber-privilege in my book. If you manage it, good for you.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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I think I've read that in the end it's up for the officer on the airport to decide.

 

So someone else in your exact same situation might encounter an officer that will not accept ESTA and will stamp the K1 visa instead. 

 

And as a non-citizen and non-green card holder you honestly don't have many "rights" when it comes to visiting US. Just just got lucky, pretty much. :P  But good luck with the rest of the journey.

 

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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The OP is exceedingly lucky. This is not normal and really should not be attempted. Also, has OP attempted to leave the US and then reattempted to enter on the K1 successfully?

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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Filed: Citizen (apr) Country: Australia
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I don't recall anyone in this thread talking about your happiness.  

 

What they are doing, and it's legitimate, is stating that your experience isn't typical.  And that others shouldn't rely on a single incident to act as a rule. 

 

It's great it worked for you.  It may not work for the next person and, as advised by others, it's at the discretion of the person you meet at the border.

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17 minutes ago, Charmily said:

I will not be participating in this thread anymore. I guess I'm wrong about sharing happiness. 

You weren't wrong!

 

But it's also important to let others know, that this might not work in 100% cases.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Nothing's wrong with sharing happiness. Nobody discouraged it either (heck, I congratulated it and another member said it was good for you).

It's just that expanding your experience as a rule to others is dangerous...knowing that it is possible and you were successful is good for people to know. It is also good for people to know that it is not guaranteed to happen to them.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Colombia
Timeline

Assuming OP is still monitoring this thread, I want to clarify that the intent of my earlier post was not to be negative. In fact, understanding the difference between immigration rights and privileges is an important step in every person's visa journey because a misunderstanding of this can lead to a lot of unnecessary anger and unhappiness about the process. Definitely happy for the OP that they were able to accomplish what they wanted by entering on an ESTA after the K1 was issued.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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Filed: Citizen (apr) Country: Russia
Timeline
1 hour ago, Charmily said:

I will not be participating in this thread anymore. I guess I'm wrong about sharing happiness. 

I realize you are no longer participating in this thread, but you need to understand that in your personal joy of getting through on an ESTA with a valid K1 you made it sound like everyone with ESTA privileges can now do that.  What would you say to the next person that attempts this based on your recommendation and they are not allowed to follow the same path?  The posters on this thread are not unhappy about your personal circumstances, but just making sure others reading this thread are grounded in the unusual nature of your entry/exit.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Citizen (apr) Country: Canada
Timeline

~~Thread locked as requested.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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