visiting with tourist visa after K1 issued

[t and d 0]

Hi,

My fiance just got his K1. We would like to get married in September.

The problem is that he needs to go to the US in June to take a medical licensing exam...and he is also going to take the opportunity to go to a wedding with me and on vacation with my parents. He then needs to return to Spain for approximately 2 months to finish up his job here.

My question: WILL he be able to use his normal tourist visa (which comes with the VWP since he is a French citizen) when he enters the US (in Philadelphia) in June?

We asked the Embassy here in Madrid and they said that he should be able to tell the offical at the POE in Philadelphia that he would not like to use his K1 visa at this time, and that he is just in the US for a few weeks for a visit.

Then I called an immigration lawyer in the US, and he told me there could be problems, and that he would probably HAVE to use his K1 visa.

I am going to get some 2nd opinions, but does anyone know for sure if my fiance could do this without any later consequences to his K1 or AOS application? I am thinking that if he goes in June without the xrays and documents that need to accompany the K1, and a copy of his plane ticket, then he should be ok.

Any information appreciated!

Thanks,

Tara

[Aniomaman 0]

I think people have asked that on here a few times and the truth is, you cannot use a VWP once you have a K-1 on your passport. I wouldn't even advice you to risk it but I think the immigration lawyer is right. That's my 2 cents, someone else here might think otherwise.

[samandfemi 0]

You guys would be taking a huge gamble on this.

If he has been issued a K1 visa they will most likely force him to use it and then he will not be able to return from home without Advance Parole to return to the U.S. with.

I would say that it is not worth the risk.

[t and d 0]

The thing is that he is going for a very short time (like 18 days) and during that time I am not sure we will have time to get married and file the Advanced Parole.

Also, I read somewhere that it is just for emergencies? And he doesn't have an emergency, he just needs to return to his job for 2 months and prepare for the move.

[Nanusia & Lukaszek 0]

The thing is that he is going for a very short time (like 18 days) and during that time I am not sure we will have time to get married and file the Advanced Parole.

Also, I read somewhere that it is just for emergencies? And he doesn't have an emergency, he just needs to return to his job for 2 months and prepare for the move.

You can not enter on the VWP once you have a K1 in your passport! He will have to use the K1 (and just a reminder a K1 is a one time entry visa). Also, you can't file for AP without doing AOS first. And if he wants to leave real quick (AP takes about 3 months), so he would have to get an emergency AP which are hard to get & involve A LOT Of explaining at the infopass appointment.

[payxibka 10,048]

You can not enter on the VWP once you have a K1 in your passport! He will have to use the K1 (and just a reminder a K1 is a one time entry visa). Also, you can't file for AP without doing AOS first. And if he wants to leave real quick (AP takes about 3 months), so he would have to get an emergency AP which are hard to get & involve A LOT Of explaining at the infopass appointment.

Can you cite your source for this? This would be good information to know.

[t and d 0]

You can not enter on the VWP once you have a K1 in your passport! He will have to use the K1 (and just a reminder a K1 is a one time entry visa). Also, you can't file for AP without doing AOS first. And if he wants to leave real quick (AP takes about 3 months), so he would have to get an emergency AP which are hard to get & involve A LOT Of explaining at the infopass appointment.

Actually, the lawyer I talked to said that he just needs to file the AP (with the AOS) and make sure it has time enough to be received. He doesn't actually need to be in the US when it is issued.

But if it is true that it takes 3 months...that would be a problem. How do you know this?

[YuAndDan 153]

You can not enter on the VWP once you have a K1 in your passport! He will have to use the K1 (and just a reminder a K1 is a one time entry visa). Also, you can't file for AP without doing AOS first. And if he wants to leave real quick (AP takes about 3 months), so he would have to get an emergency AP which are hard to get & involve A LOT Of explaining at the infopass appointment.

Actually, the lawyer I talked to said that he just needs to file the AP (with the AOS) and make sure it has time enough to be received. He doesn't actually need to be in the US when it is issued.

But if it is true that it takes 3 months...that would be a problem. How do you know this?

Another option is to have the K-1 re-issued. If your fiancee enters the USA and the POE activates the K-1 this June for the exam you then have 90 days to marry (September), takes the exam and then returns home unmarried, the consulate can re-issue the K-1 with an expiration date of 90 days from the use date in June, then can reenter on the reissued K-1, and marry this September.

9 FAM 41.81 N6.3 Reissuance of K-1 Visa (TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a six-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.

http://foia.state.gov/searchRegs/vv_docVie...QueryText=k%2D1

[john_and_marlene 162]

Ask the consulate to postpone the K-1 interview until after his trip.

[no name 1]

Actually, the lawyer I talked to said that he just needs to file the AP (with the AOS) and make sure it has time enough to be received. He doesn't actually need to be in the US when it is issued.

He cannot leave the country after getting married & before he gets AP. If he leaves without AP - he will have to refile as a K3 to enter the US.

[no name 1]

You can not enter on the VWP once you have a K1 in your passport! He will have to use the K1 (and just a reminder a K1 is a one time entry visa). Also, you can't file for AP without doing AOS first. And if he wants to leave real quick (AP takes about 3 months), so he would have to get an emergency AP which are hard to get & involve A LOT Of explaining at the infopass appointment.

Can you cite your source for this? This would be good information to know.

t and d-

To answer one question, once you have the visa, you must use it on your next visit... There is no can't I enter as a visitor this time and use it later... The K visa trumps VWP... You can't have two active US visas at any one time...

If you do not wish to have the visa issued until after the baby is born, you can ask the consulate to delay issuance of the visa until you wish it to be issued. It has to be issued within a certain time period of the petition approval...

http://visajourney.com/forums/lofiversion/...php/t52360.html

Edited May 17, 2007 by devilette

[payxibka 10,048]

I am searching for the thread but there was one poster who entered after K-1 was issued but did not activate it on that visit.... they however were from Canada so different rules may apply

[YuAndDan 153]

I am searching for the thread but there was one poster who entered after K-1 was issued but did not activate it on that visit.... they however were from Canada so different rules may apply

A Canadian citizen can visit the USA and just leave the passport behind, just need other proofs of Canadian citizenship, my relatives who live in Canada don't have passports, and do visit the USA all the time. This wont be the case when the passport rules go into effect at the land border crossings Jan 1 2008.

http://travel.state.gov/travel/cbpmc/cbpmc_2223.html

Edited May 17, 2007 by YuAndDan

[payxibka 10,048]

True, but the poster provided a link to someplace that might shed light as to if this was only something available to Canadians or not.....

[no name 1]

True, but the poster provided a link to someplace that might shed light as to if this was only something available to Canadians or not.....

We can see if anyone else posts about this but I'm quite sure you can't enter the US & NOT use your K1 once it is issued.