Entering the US with an ESTA while waiting for K-1 Visa

[Blathers 5]

My apologies in advance if this topic was brought up elsewhere, but what is the risk of attempting to enter the US with an ESTA while waiting for a K-1 visa?

 

My fiance is in Japan and we're considering potential options of meeting up while we wait for the US embassies to open back up. She has an ESTA that expires in December and we're contemplating having her fly over for a month or so. However, I've heard that being denied entry with the ESTA could jeopardize the K-1 visa application, so I'm a bit scared of going this route. I've heard others have been able to get in with an ESTA or B2 tourist visa, so I know it's possible, but I'm also concerned about how much of a risk it poses. My fiance doesn't speak much English either, so there's that too...

 

Thanks in advance for any insight on the matter. It's been a frustrating year to say the least, but here's hoping things work out for all of us.

 

 

[Crazy Cat 39,261]

28 minutes ago, Blathers said:

However, I've heard that being denied entry with the ESTA could jeopardize the K-1 visa application

That is false.....it would not jeopardize the K-1......although every entry is at the discretion of CBP at the time of entry.  She should be truthful and she should be prepared to show evidence of strong ties to her country.  It is her responsibility to convince CBP that she will return at the end of her visit.  Worst case would a denial of entry and immediate return. 

Edited July 19, 2020 by Lucky Cat

[JFH 12,189]

She absolutely can visit on the VWP whilst you wait. Her entry isn’t guaranteed, but no entry for visitors is ever guaranteed anyway. It will be at the discretion of the CBP Officer at the airport but having a pending I-129F is no barrier to visiting. 

[SalishSea 16,774]

My husband (then fiance) had a B visa, and visited while our I-129F petition approval was pending.  He was just completely honest at POE, and had evidence of loose ties back home in NZ that he had to return to take care of before he could immigrate.

[Blathers 5]

Thanks so much for the replies! It's reassuring to know that trying to enter the states won't impact the K-1 application.

[Limey 550]

On 7/19/2020 at 4:06 PM, Blathers said:

My apologies in advance if this topic was brought up elsewhere, but what is the risk of attempting to enter the US with an ESTA while waiting for a K-1 visa?

 

 

This is a pinned item at the top of the k1 forum (see below).

To summarize, you're unlikely to have any problems traveling on ESTA while you have a k1 in process. Usual provisions apply as for any tourist visit - be prepared to show good ties to home, long trips and frequent trips are likely to result in more indepth questioning by CBP agent, don't carry anything that shows intention to stay permanently (too much luggage, resume/CV, etc, birth certificate).

 

Even if entry was denied, it won't affect future k1 unless lies were told. So be truthful - you don't have offer up that you're seeing fiance if they don't ask, but if they ask who you are visiting/staying with then be honest (don't say "a friend"). But as you'll see from the thread very few have had issues (I traveled 2 or 3 times after applying for k1 with no problems)

 

 

 

Edited July 23, 2020 by Limey

[Blathers 5]

Thanks Limey for the additional support and reference information. I'm having my fiance fly over at the end of the week, so we're both keeping our fingers crossed that everything will work out!

[Ariaren 6]

10 hours ago, Blathers said:

Thanks Limey for the additional support and reference information. I'm having my fiance fly over at the end of the week, so we're both keeping our fingers crossed that everything will work out!

Can you post an update about how it went ? I’m planning to also fly to the US end of September on an ESTA

[Blathers 5]

My fiance was able to get in today! She doesn't speak much English, so she was pulled into a separate room after being unable to answer a few questions. She had my contact information, so customs called me up momentarily afterwards. I'm sure it's obviously different per situation, but here's what they asked for reference:

• Why are you visiting?
• Why are you staying for so long?
• When was the last time you were in the states and for how long?
• What does your fiance do?
• Where did you two meet?
• How far are you in the K1 visa process?

Hope this helps! Hit me up if you have any other questions that I might potentially have answers to.

[SusieQQQ 11,584]

Great news! Enjoy her visit!

[Ariaren 6]

17 hours ago, Blathers said:

My fiance was able to get in today! She doesn't speak much English, so she was pulled into a separate room after being unable to answer a few questions. She had my contact information, so customs called me up momentarily afterwards. I'm sure it's obviously different per situation, but here's what they asked for reference:

• Why are you visiting?
• Why are you staying for so long?
• When was the last time you were in the states and for how long?
• What does your fiance do?
• Where did you two meet?
• How far are you in the K1 visa process?

Hope this helps! Hit me up if you have any other questions that I might potentially have answers to.

Wauw that’s amazing enjoy! And she was able to get in with an ESTA? Or B2? 
 

[SusieQQQ 11,584]

1 hour ago, Ariaren said:

Wauw that’s amazing enjoy! And she was able to get in with an ESTA? Or B2? 
 

First post. ESTA.