Entering usa with an ESTA while waiting on K1

[Teabtea 1]

Hello, my fiancee and I applied for k1 mid February 2022. Wait times are long so we'd like to see eachother for a month this summer. My only tie to my country is that I'm a student, currently working on my thesis (should graduate in 2023). I also have an agreement that I will work for a company in my country starting fall 2022. In the past 12 months I spent 4 months in usa (2 visits), I never overstayed or had any issued or secondary interviews with CBP. I'm from a small EU country that isn't known for visa fraud 

 

My questions:

- is this too risky, should I cancel the trip?

- I will prove that I'm a student with the official paper from my college, i can ask my thesis mentor to sign a paper saying that I am working on my thesis with her, I can ask the workplace to sign a paper stating that I will work there in fall. Is that enough/ valid or do I need more?

- if I am denied entry, do I risk being banned from entering usa or even losing the ability to get k1? 

- if you did something similar what was your experience? What did they ask you?

[Lil bear 3,831]

4 minutes ago, Teabtea said:

Hello, my fiancee and I applied for k1 mid February 2022. Wait times are long so we'd like to see eachother for a month this summer. My only tie to my country is that I'm a student, currently working on my thesis (should graduate in 2023). I also have an agreement that I will work for a company in my country starting fall 2022. In the past 12 months I spent 4 months in usa (2 visits), I never overstayed or had any issued or secondary interviews with CBP. I'm from a small EU country that isn't known for visa fraud 

 

My questions:

- is this too risky, should I cancel the trip?

- I will prove that I'm a student with the official paper from my college, i can ask my thesis mentor to sign a paper saying that I am working on my thesis with her, I can ask the workplace to sign a paper stating that I will work there in fall. Is that enough/ valid or do I need more?

- if I am denied entry, do I risk being banned from entering usa or even losing the ability to get k1? 

- if you did something similar what was your experience? What did they ask you?

No one can tell you how the CBP officer at POE will view your situation on the day. You have several things in your favor.. previous entries and no overstays  .. .  but other things such as ties to your country are not strong.. you do not state if you are using VWP/ESTA or a B1/2 visa .. if you are refused entry you will have your ESTA cancelled .. or B1/2 revoked.. but this will not  affect your K1 application. Maybe look at entering the US from a port which does CBP pre clearance .. eg Dublin.. as this gets you assessed by CBP before you fly rather than on attempted entry into the US .. keep your intended stay shorter rather than longer.. 

[Redro 4,589]

3 hours ago, Teabtea said:

Hello, my fiancee and I applied for k1 mid February 2022. Wait times are long so we'd like to see eachother for a month this summer. My only tie to my country is that I'm a student, currently working on my thesis (should graduate in 2023). I also have an agreement that I will work for a company in my country starting fall 2022. In the past 12 months I spent 4 months in usa (2 visits), I never overstayed or had any issued or secondary interviews with CBP. I'm from a small EU country that isn't known for visa fraud 

 

My questions:

- is this too risky, should I cancel the trip?

- I will prove that I'm a student with the official paper from my college, i can ask my thesis mentor to sign a paper saying that I am working on my thesis with her, I can ask the workplace to sign a paper stating that I will work there in fall. Is that enough/ valid or do I need more?

- if I am denied entry, do I risk being banned from entering usa or even losing the ability to get k1? 

- if you did something similar what was your experience? What did they ask you?

When was the last time you were in the US? When is your upcoming trip?

2 visits in 12 months totaling 4 months is getting very close to living in the US and not your home country.

Two suggestions:

1.) Move the trip to a later date (June/July) and only stay 2 weeks or have your partner visit you in your home country. 

2.) Some suggest you should stay outside the US for double the amount of time of your previous visit. 

Not sure how long your last trip was but if it was 3 months, stay in your home country for 6 months before returning for a short visit. 

[Teabtea 1]

2 hours ago, Kor2USA said:

When was the last time you were in the US? When is your upcoming trip?

2 visits in 12 months totaling 4 months is getting very close to living in the US and not your home country.

Two suggestions:

1.) Move the trip to a later date (June/July) and only stay 2 weeks or have your partner visit you in your home country. 

2.) Some suggest you should stay outside the US for double the amount of time of your previous visit. 

Not sure how long your last trip was but if it was 3 months, stay in your home country for 6 months before returning for a short visit. 

My last trip was 1 month from January 15th to February 12th. But yeah honestly i think I'll just have him visit at this point and cancel the trip 

[jm1409 4]

On 4/10/2022 at 5:51 PM, Lil bear said:

No one can tell you how the CBP officer at POE will view your situation on the day. You have several things in your favor.. previous entries and no overstays  .. .  but other things such as ties to your country are not strong.. you do not state if you are using VWP/ESTA or a B1/2 visa .. if you are refused entry you will have your ESTA cancelled .. or B1/2 revoked.. but this will not  affect your K1 application. Maybe look at entering the US from a port which does CBP pre clearance .. eg Dublin.. as this gets you assessed by CBP before you fly rather than on attempted entry into the US .. keep your intended stay shorter rather than longer.. 

CBP pre-clearance? How does that work? Does it happen at the CBP in Dublin, instead of when arriving in the States? How do you know which airports have this>?

Edited April 16, 2022 by jm1409

[SalishSea 16,748]

3 hours ago, jm1409 said:

CBP pre-clearance? How does that work? Does it happen at the CBP in Dublin, instead of when arriving in the States? How do you know which airports have this>?

You can google to find out which airports have them.

 

Passengers are admitted to the US (or not) at departure, rather than arrival.  So no need for the long flight ahead of being refused admission.

[Lil bear 3,831]

55 minutes ago, Jorgedig said:

You can google to find out which airports have them.

 

Passengers are admitted to the US (or not) at departure, rather than arrival.  So no need for the long flight ahead of being refused admission.

And when you land in US its handled like a domestic arrival. 

[Redro 4,589]

4 hours ago, jm1409 said:

CBP pre-clearance? How does that work? Does it happen at the CBP in Dublin, instead of when arriving in the States? How do you know which airports have this>?

https://www.cbp.gov/travel/preclearance