Can I travel on the ESTA visa waiver program after K1 approval?

[JoeN43 5]

Hi, so my fiance and I have applied for a K1 visa, we applied at the beginning of the year and are hoping all going well (based off the most recent estimates) that it will be approved in December, shortly before Christmas. I was hoping to visit her for New years from Ireland and was wondering if I could still enter on an esta, the visa waiver program if our K1 visa has been approved. We're not planning on me moving over until late March early April and I tried finding an answer online and on the forum here but have been reading posts for the past hour and a half and haven't found an answer (but found lots of answers to other questions and ones I didn't even know I had). I know this may have been asked before but I would really appreciate any help anyone could offer.

 

Thank you

[Cyberfx1024 7,978]

3 minutes ago, JoeN43 said:

Hi, so my fiance and I have applied for a K1 visa, we applied at the beginning of the year and are hoping all going well (based off the most recent estimates) that it will be approved in December, shortly before Christmas. I was hoping to visit her for New years from Ireland and was wondering if I could still enter on an esta, the visa waiver program if our K1 visa has been approved. We're not planning on me moving over until late March early April and I tried finding an answer online and on the forum here but have been reading posts for the past hour and a half and haven't found an answer (but found lots of answers to other questions and ones I didn't even know I had). I know this may have been asked before but I would really appreciate any help anyone could offer.

 

Thank you

If you have the visa in your passport then you will enter the USA on the K1 visa and not the VWP. 

[Paola Phillips 6]

I did twice while I was waiting for the application to be approved and I had no problem. Of course its always depends on the POE Officer, some of them are very picky. Once you get approved, you want to schedule the interview ASAP so you can enter the US with the k1 visa once for all. Good luck!

[geowrian 22,336]

There are people who have visited on an ESTA with a K-1 in their passport. But trying to do so is risky as they may see the K-1 visa and use that. It is single use, so you would either be stuck in the US for marriage  AOS + AP (expect ~6+ months), or have to leave the US and start a new K-1 or CR-1 (if you get married) visa.

 

If the K-1 visa is not in your passport yet (i.e. the I-129F was approved, not the visa), you can visit normally on an ESTA. Carry evidence of your ties to return home in case it is requested.

[JoeN43 5]

Thanks everyone

[p-ana 933]

If you want to move only around April next year, try scheduling your interview for as late as you can, preferably after your trip in December. That’s the safest and easiest way to go

[JoeN43 5]

Thanks p-ana, that's ok to do with my local consulate? Or is it a case where they give you an appointment and you need to show up?

 

I'm sorry if this was a stupid question, it's just there's so much information out there and a lot of it seems to be buried deep on the official sites.

[Danniegee 1]

Hi @JoeN43, I appreciate that this was a long time ago, but I am in a similar situation now. I was curious to hear what you did in the end about this situation? Many thanks. 

[OldUser 5,002]

Just now, Danniegee said:

Hi @JoeN43, I appreciate that this was a long time ago, but I am in a similar situation now. I was curious to hear what you did in the end about this situation? Many thanks. 

@JoeN43 was last here on October 5, 2019.

Please start your own thread.

[Chancy 6,233]

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