Jump to content
Viking

Entering US on visa waiver WITH K1 visa in passport

36 posts in this topic

Recommended Posts

Quick queation –
We are awaiting NOA 2 day 91 since NOA

My question is assuming we get approved and I receive a K1 visa in my passport –

Will it be possible and within the rules to enter the US on a visa vaiver and leave again With a K1 visa in passport –

For Work related travel prior to being ready to relocate- 

prior to Entering on the K1 visa for relocation and marriage.

 

IE making use of the 180 days given 

 

Share this post


Link to post
Share on other sites
20 minutes ago, Pinkrlion said:

Nope, they will stamp the K-1 visa as being used for that entry.  

Also if I identify as a Visa Waiver traveller.

and go through the visa waiver process and CBP line at the airport ???

Share this post


Link to post
Share on other sites
6 minutes ago, Viking said:

Also if I identify as a Visa Waiver traveller.

and go through the visa waiver process and CBP line at the airport ???

Most likely it will depend on how CBP sees you at the POE.   Maybe . . .

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

Share this post


Link to post
Share on other sites
7 minutes ago, Viking said:

Also if I identify as a Visa Waiver traveller.

and go through the visa waiver process and CBP line at the airport ???

You can ask to be admitted as a visitor however with a K-1 visa you have clear immigration intent so the CBP Officer doesn’t have to admit you as a visitor. 

 

Looks like you applied for the wrong visa. A CR-1 would have allowed you to enter and then leave to wrap up affairs in your home country. The alternative is to delay the medical and interview until you are actually ready to

move on the K-1.


 

 

 

Share this post


Link to post
Share on other sites

About the only ones who have reported being successful doing this are Canadians doing a land border crossing 


YMMV

Share this post


Link to post
Share on other sites
6 minutes ago, JFH said:

You can ask to be admitted as a visitor however with a K-1 visa you have clear immigration intent so the CBP Officer doesn’t have to admit you as a visitor. 

 

Looks like you applied for the wrong visa. A CR-1 would have allowed you to enter and then leave to wrap up affairs in your home country. The alternative is to delay the medical and interview until you are actually ready to

move on the K-1.

Definitely on the right Visa - just have a lot of travel for work- I am in the US every other month or so.. this trend is likely to continue until I relocate- 

just don’t want to be in a unclear situation if traveling for work- 

 

 

I have written CBP office for clarification- I will keep everyone posted on their reply.

 

the K1 visa is valid 1 time entry - 180 Days 

it should therefore be possible....

 

lets see...

Share this post


Link to post
Share on other sites
1 minute ago, Viking said:

Definitely on the right Visa - just have a lot of travel for work- I am in the US every other month or so.. this trend is likely to continue until I relocate- 

just don’t want to be in a unclear situation if traveling for work- 

 

 

I have written CBP office for clarification- I will keep everyone posted on their reply.

 

the K1 visa is valid 1 time entry - 180 Days 

it should therefore be possible....

 

lets see...

The K-1 is valid for 180 days from the date of your medical, not the date they issue the visa. If you have an extended period of AP after your interview then this will cut into the validity of the K-1. 

 

I stand by my comment that the K-1 is a poor choice for someone with a thriving career. Good luck during the months of unemployment. It would have driven me crazy. 


 

 

 

Share this post


Link to post
Share on other sites
19 minutes ago, Viking said:

just have a lot of travel for work- I am in the US every other month or so.

Be aware that K1 is single entry visa and you can't leave U.S until you got AP in hand( 3-6 months waiting). K1 is a poor choice in your situation.

Share this post


Link to post
Share on other sites
17 minutes ago, JFH said:

I stand by my comment that the K-1 is a poor choice for someone with a thriving career. Good luck during the months of unemployment. It would have driven me crazy. 

Couldn't agree more. I went down the K1 route and it was the worst decision I could have made, I am still struggling to get my career back on track after almost one year of Visa shananigans - and that's because I got my GC relatively fast, in less than 4 months.

 

OP, it looks like you do have a thriving career but please be aware that when you enter the US on your K1, work can only continue after you get your EAD and that might easily take 3 months or more. That's why a spousal Visa is a better option sometimes.

Share this post


Link to post
Share on other sites
25 minutes ago, Viking said:

the K1 visa is valid 1 time entry - 180 Days 

it should therefore be possible....

 

I don't think so. Odds are that the first time you enter with a K-1 visa in your passport, it will be voided.   Let us know what you find out.


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites

So you are also using the ESTA to work here?

 

But no don't take the risk unless you are ready to stay if they admit you on the K-1.

What are you going to do with work when you get here? You know you can't work for many months?


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

 

 

 

 

Share this post


Link to post
Share on other sites

Yes it's possible.

No, I absolutely would not rely or even plan on it. The CBP officer has full discretion (even if contacting them eventually indicates it won't be an issue).

What is the plan if they decide to use the K-1 instead? It's single-use. I would not plan to enter with a K-1 in the passport until I was ready to move.


Timelines:

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

12/1/17: sent

12/14/17: 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

 

 

Share this post


Link to post
Share on other sites

Are you able to get a second passport? I know the UK government lets you get a second passport if your first is being used to obtain a visa and you still need to travel for work, you just need a signed letter from your employers. Appreciate this may not be the case with the Danish government but it could be worth looking in to

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...