visiting with tourist visa after K1 issued

[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.....

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.

My gut feel is that I would agree with you... However, krikit explains a different scenario... I thought she cited a place but she said she verified this

http://www.visajourney.com/forums/index.ph...mp;#entry861444

[t and d 0]

I finally got in touch with someone at the Embassy and she told me that no, he would NOT be allowed in on a tourist visa/VWP...he would have to use his K1. (What is frustrating is we told them the entire story at the Embassy when my fiance had his interview, and the guy we talked to seemed to think it would not be a problem.)

However, she did say there was a chance they would be able to cancel the K1 at the Embassy, thereby allowing my fiance to enter in June on his VWP. Then this summer we'd have to re-apply for the K1, although it seemed like there would be less paperwork involved. She needed to consult some other people to confirm this though.

I am crossing my fingers that we can go ahead and do this.

[Kez/JWolf 6]

Do not cancel the K1...... if you do you will have to start all over again.... pay all the fees again.... can he not just come in June?

Kez

[1HappyGuy 46]

Your best bet is to discuss this with the embassy. See if they would be willing to cancel his K-1 visa and re-issue it at a later date. In your email to the embassy try to state your case, who in the embassy gave your fiance the impression that it would not be a problem and ask what remedies they can offer. You don't want to go through the process of re-applying for a K-1 visa again.

Sorry to say, but it seems your planning in this case did not take into consideration your fiance's needs. Unless he can postpone the exam to later, you might be looking at a difficult problem.

[t and d 0]

Actually the K1 process for us seemed relatively easy and quick. If the only option is to re-apply, then we'll do it.

Yes, things weren't planned out perfectly...but we have a 7 month old baby and so we haven't had loads of free time to do extra research. And it is frustrating that the person with whom he had the interview at the Embassy said it shouldn't be a problem if he entered on his VWP in June.

[no name 1]

Actually the K1 process for us seemed relatively easy and quick. If the only option is to re-apply, then we'll do it.

Yes, things weren't planned out perfectly...but we have a 7 month old baby and so we haven't had loads of free time to do extra research. And it is frustrating that the person with whom he had the interview at the Embassy said it shouldn't be a problem if he entered on his VWP in June.

Wow, I've never seen anyone on VJ seem so non-chalant about refiling. Well, lucky you if you can afford to spend more time apart & afford the re-filing fees, a new medical exam & the headaches that go alongside.

[t and d 0]

Wow, I've never seen anyone on VJ seem so non-chalant about refiling. Well, lucky you if you can afford to spend more time apart & afford the re-filing fees, a new medical exam & the headaches that go alongside.

We don't want to deal with all of that stuff all over again, but if there is no other option than we will have to do that! And really, there seems to be no other option at this point. My fiance MUST go to the US in June to take a very important exam, without which he will not be able to practice medicine in the US. And he has to return to Spain about 20 days later. That will not give us enough time to get an AP.

Also, we are not apart right now, we live together, so that is not an issue.

And I am hoping the Embassy will call back tomorrow and tell me we don't have to do everything all over again.

[no name 1]

Wow, I've never seen anyone on VJ seem so non-chalant about refiling. Well, lucky you if you can afford to spend more time apart & afford the re-filing fees, a new medical exam & the headaches that go alongside.

We don't want to deal with all of that stuff all over again, but if there is no other option than we will have to do that! And really, there seems to be no other option at this point. My fiance MUST go to the US in June to take a very important exam, without which he will not be able to practice medicine in the US. And he has to return to Spain about 20 days later. That will not give us enough time to get an AP.

Also, we are not apart right now, we live together, so that is not an issue.

And I am hoping the Embassy will call back tomorrow and tell me we don't have to do everything all over again.

Keep us posted on what they say - it may help others in the future.

PS: Does your fiance know he will have to wait a few months to come to the US, if you refile?

[t and d 0]

I know this goes against what everyone said, but...

I just got off the phone with the official at the Embassy here in Madrid. She said that the Consul himself called a POE in the US (NY or Miami, she's not sure which) and spoke to Immigration there. They said that my fiance CAN enter with his tourist visa (VWP)!!! He will have to explain our situation, take evidence of what he needs to do in the US, his return ticket to Spain, a note from his job saying he will be working there this summer, and something about our wedding in September. The Embassy official also told me he should NOT take his sealed document packet or his x-rays. And hopefully, he will not have a problem.

So, this is in contrary to what most everyone said. I am assuming it is going to work. She acknowledged our situation was "a mess" but seemed to be confident that my fiance would not have a problem.

I also don't know if it is a factor that my fiance is European...I am guessing that if he was from a country that wasn't on the VWP, he would have a problem.

Anyway, thanks for everyone's input, and I hope if anyone is facing a similar problem they can get it solved like we did - without re-filing!

[no name 1]

I know this goes against what everyone said, but...

I just got off the phone with the official at the Embassy here in Madrid. She said that the Consul himself called a POE in the US (NY or Miami, she's not sure which) and spoke to Immigration there. They said that my fiance CAN enter with his tourist visa (VWP)!!! He will have to explain our situation, take evidence of what he needs to do in the US, his return ticket to Spain, a note from his job saying he will be working there this summer, and something about our wedding in September. The Embassy official also told me he should NOT take his sealed document packet or his x-rays. And hopefully, he will not have a problem.

So, this is in contrary to what most everyone said. I am assuming it is going to work. She acknowledged our situation was "a mess" but seemed to be confident that my fiance would not have a problem.

I also don't know if it is a factor that my fiance is European...I am guessing that if he was from a country that wasn't on the VWP, he would have a problem.

Anyway, thanks for everyone's input, and I hope if anyone is facing a similar problem they can get it solved like we did - without re-filing!

I'm shocked. I'm not sure how you can not enter on the K1 as the K1 visa is a whole (colorful) page in his passport & immigration will surely flip thru his passport. And the fact your fiance is Euro means nothing really, as far as the VWP.

Please let us know how it works out. Good luck.

Edited May 18, 2007 by devilette

[t and d 0]

No, the Embassy said that my fiance should be very forthwith about the K1 and explain that Yes, although he was issued the K1, he would like to not enter on it at this point...and show all of the evidence that he is returning to Spain 2 weeks later. Actually, this is what we were first told at the Embassy - that it would be OK.

I will post back to let everyone know what happens.

[meauxna 15]

If they must admit him as a K-1 on this visit, do not get married if he plans to leave again so shortly. The Consulate has the ability to re-issues visas as long as the beneficiary still qualifies (married would not) so you may want to speak to them about that option, should it become necessary.

While I can't find a reference for you now, there was at least one other Spanish citizen who was allowed to visit on the VWP after they already had the K-1 visa in hand. This appears to be at the pleasure of the border agent, YMMV.