Almaviva

I'm just updating this in case anyone faces something similar and needs some orientation about it, since I couldn't find any.

- I entered the US at JFK in May with my K1 visa with no problem. We got married a few days after in PA (just some sort of courthouse wedding). I left the country 10 days after I arrived

- Came back to Chile, got a new passport and applied for the ESTA. The request was approved.

- Flew back to the states 3 weeks ago using my brand new Passport/ESTA. Entered the country with no problem. Finally had our ceremony in the US, left for our honeymoon 10 days after we entered.

And now I'm back in Chile to our normal lives with my wife.

So, in a nutshell, there was never a problem with anything. I realize now that the K1 visa wasn't necessary but hindsight is always 20/20 right? If you find yourself in a similar situation, my recommendation would be to not get the K1 visa. If you already did, just relax because besides blowing some money, nothing really happened.

Hope this is helpful for someone!

At the embassy in Santiago, Chile, they took 4-5 days to give it back to me with the Visa.

My wife is a USC and we have always gone on the tourist line together every time we go and visit family and friends in the US. Like someone else said, you can still ask, but most likely they'll send you both to the tourist line.

I entered JFK a couple of weeks ago on a K1 visa. I had to wait for about 45-60 minutes in line to see the CBP officer. He checked my envelope from the embassy and sent me to second screening. I waited for 10-15 minutes there, they called my name and gave me my passport back.

All the process didn't take longer than 1-1.5 hours. But like other people said, it all depends on the airport, the lines and the CBP officers.

Best of luck to you!!

Just a little update in case anyone goes through the same situation:

- We entered the US on May 6th using the K1 visa. I was sent to secondary screening for the first time. They asked me to wait for my turn, so I went inside and waited, with my now wife. 10 mins after, they called me and told me to have a good day and gave me my passport back without any questions.

- We got married on May 13th and got our PA marriage certificate. I believe they send a definitive one after to the mail, I'll post about it once we get it.

- We left the US on May 15th as intended. We didn't start any process for naturalization.

- I got my new Chilean passport today (I had an old one with my K1 visa on it, an another one with my B1/B2 cancelled visa on it) and got the ESTA, so now we are going back in July to have our ceremony and then leave the country a week after for our honeymoney and then come back to our lives in Chile.

So that's about it. Like I said, I'll keep updating this in case it's useful for anyone!

This might be a little long term but when my Fiance came to Chile (we've lived together down here for a few years) it took 6-8 months for her to get a working visa. So in order for her to have something to do, we got a dog haha. It worked though. As you can imagine, puppies give you a lot of work and they sure know how to keep you busy.

If you're an animal person, you can never go wrong with a dog.

Also important to note for those of you who may be confused that Chile only recently joined the ranks of ESTA countries, thus the need for a B2 previously.

That's correct, Chile joined the Visa Waiver program 2 years ago, starting May 2014.

I don't think asking questions at POE when immigrating is giving someone a hard time. Personally, I think CBP should ask questions to see who's coming into the country.

Sure thing, but there's something called manners and some CBP officers don't seem to know those. They have the right to ask you things, but it's the way they do it and the way they treat you that makes you think they just do it because they can, rather than because they have to.

Also, what's the point of asking tons of personal questions to american citizens? It's not like they can deny you entry just because he doesn't like the country you were visiting.

I think it's a power trip for many at the POE. My experiences at LAX have been mixed, from great, to utterly horrible. I have been questioned about my professional competence many times while I was on a valid work visa, except most of the time, they didn't understand what I had explained. They would get frustrated and ask more questions, so I try and simplify what I was saying in layman's terms, then they would say, "that doesn't sound like we need people like you to come here to do", basically no win.

I thought it would all be better after I got my green card, but I was pulled aside for secondary inspection when they I told me I had reported my passport lost/stolen. I told them that I reported no such thing, I was not believed, so I waited in secondary inspection with a bunch of other travelers (meanwhile the 5 officers stood around and chatted with each other). When it was finally my turn, they would not give me any information about who made the report, when and where it was made, I was told I need to sort it out with "my Government since they are always screwing up". So I waited for 45 minutes to be insulted, I was given zero information and dismissed with a tone that sounded like, "you're lucky I'm letting you go". When I called up the Australia consulate on the Monday, they had no report of any issue with my passport. To top it the officials were incredibly rude to my US citizen boss who was traveling with me, pretty much yelled at him to mind his own business when he simply asked where they were taking me.

There will always be people who think they are better than everyone else and act unprofessionally whenever they feel like it, all one can do is have one's paperwork in order and answer truthfully.

I agree that you can find any kind of people anywhere. Problem is, it seems like the number of jerks working for CBP is way higher than at any other average job. I don't know if it's required for the job to be like that, if they don't really choose the right people or if no one wants the job and they take whatever they can get.

I am a US citizen and one trip back through Miami i spent an hour being questioned as my passport photo does not look like me according to the officer

I had lost weight and also was quite sick the day i had the photo taken

i had to answer questions like where i was born

mother's maiden name

present addres

and when they searched my purse i had 3 SS cards (my original with maiden name, my first married name and present married name)

We can't let this bother us too much as we know our ID's and even passports can be stolen

so, i go with the flow

I understand that it's a 'bit' more complicated for american citizens since you have so many people from all over the world trying to come in, but if the police officer asked me anything at the airport in Chile when I'm coming back, I can just refuse to answer questions that they have no business knowing about. Like what were you doing at XXX, why did you stay there for so long, do you know anyone there, etc. etc.

I mean, I was born in this country, I'm a tax payer citizen and you can't deny me entry just because you're nosy and want to know everything I do on my trips. Stop making me waste my time.

I've made it to the US through different airports and in my experience the worst is ATL, and the best one would be JFK.

One time at ATL the CBP officer asked me if I brought cash with me, to which I replied I did and I also had my credit cards. He made me take my wallet out and count the cash in front of him.

I'm not american BTW, my Fiancé is.

You'd be surprised (or maybe not surprised) at the things people do. Applying for a K-1 demonstrates immigration intent, as far as the CBP officer is concerned. How are they to know you had no intention of staying and adjusting with the K-1? And how are they to be certain that you have no immigration intent when you come back again?

That's when I bring proof that we have strong ties to Chile so it's not just my word. Like I said before, we have lived for a couple of years together down here, we have our own apartment, car, pets, I've worked at my company for years, just got a promotion, we have good jobs, make good money, I just finished my masters here and will probably go for my MBA soon, I don't have any relatives in the US, etc. Hopefully stuff like that is enough for the CBP officer to see that we are not intending on moving to the States...

I was just worried about getting some kind of flag or something for leaving on a K1 visa without even trying to adjust my situation. But it seems that there is no "punishment" for it so that makes me feel way better.

My wife and I travel quite a bit to the US together. We have a pending Cr-1. Our POE is Detroit Mi. My wife has gone through secondary screening a couple of times. They don't allow me in with her, but seat me just outside of the screening area. They ask her questions, then come ask me questions.....I guess to verify. The biggest problem that we have encountered is why my passport does not have a marriage stamp in it. We were married in Ukraine, and she uses her birth name. She has the marriage stamp, but I don't....But we are always allowed to enter

Oh great, thanks for the information! I guess that makes sense so I'll keep it in mind if I'm ever sent for secondary screening.

All these post telling OP that he could have just used the VWP...

-He clearly already knew this, and mentioned it in his first post.

-He already has the K-1 so even if he didn't know, your "advice" is irrelevant.

Must be a slow day on VJ...

Anyway, OP I would not be worried if I were you. You will no longer have a valid visa when you of course so you can't just walk right back in, but you already knew that! While I don't think it will be harmful, I am not sure the fact that you had a K-1 and left will really "help" you at all. The facts still remain that you have a USC wife and unfortunately that is most likely always going to count against you for visiting. However, the fact that you have been living with your wife out of the country for so long and have been responsible with your visits thus-far leads me to believe you both have set up some pretty strong connections for yourself to satisfy the suspicions.

Yeah, people telling me what I should have done are not really helping me but I still appreciate every opinion I can get.

I guess that just to be safe I'll bring with me - on this trip and any other ones in the future- all the necessary proof to show that I'm coming back to my country. I mean, after all they should see that I had a K1 visa that allowed me to stay and chose not to, why would I do it illegally now? Also, traveling with my Fiance (wife for all the other trips), might help me with my case because I don't have to prove that part since she'll be with me on every trip. Do they let your wife come with you if they send you to second screening or something? I've never been sent to a second check.

In the end, I won't find out how it goes until it happens. That means, my trip in a week to get married and leave, another trip at the end of July and any other visit we might want to do

It will be, since a K-1 is a single-use visa that expires the moment you use it to enter the US once.

Hi, yes I'm aware of that. Which is why I'm not planning on returning on the K1 but using Esta instead

Yep, that ship has sailed. I would think with a history of visiting, you shouldn't have too much trouble getting a B2 again.

I figured that too, but our next visit would be in 2 months and considering how long they take with visas, I figured ESTA would be my only option now.

Since you been coming and going with the B2, I would have just opted that way also.

Now that I've read stuff here, I guess I would have done that too. But it's too late now, so I'm trying to figure things out with the options I currently have

Yes ma'am, it's only my passport already. I used to travel with my B1/B2 visa until I got this one and that was cancelled. So I've never even used the ESTA, so once I get it'll be updated

In all honesty, we didn't think much of it at the time and just went with it thinking it was necessary. We were wrong, but then I found out at the embassy when they had already given me the visa.

So now we're just trying to work with what we have, and not with what we should have done... Hopefully it doesn't do any harm.

The problem always seems to be people who want to stay, I'm trying to leave and not live in the US, thought that would be the easy part

That was a lot of expense and paperwork just because the CBP officer "might" not allow you in to get married under the VWP. I got married on a VWP trip. Thousands go to Las Vegas each year to get married. There are several travel companies in the UK who deal only with destination weddings and Hawaii and Las Vegas are some of their biggest destinations.

I think the CBP officer would find it strange if you say you are arriving to get married and then leaving again if you have a K-1.

I suppose you could see it that way, but why risk it? only to save a few hundred bucks? CBP officers can be real jerks since they have the last saying on who's coming in or not.

Spouses of American citizens have had the same problem with entry with ESTA and even B2 visas. There is often an assumption that any entry once engaged to or married to a USC that the noncitizen will try to adjust status once they enter the country. But this seems to vary based on country of origin. But there is not penalty for not staying in the USA when entering with a K-1 visa. If anything might give further proof that a visitor will not over stay.

That's what I thought. I assumed that on any trip after this one, I could be sent to second screening or questioned more in depth, but thats alright because I have plenty of information to back me up about not having any intentions to stay (we've lived here for years, we own an apartment here, cars, pets, we both have great jobs here, make good money, I have no family in the US, I've been there 10 times and have never overstayed a minute, etc, etc.)

Hopefully someone who has left on a K1 and has come back using the ESTA can share their experience...

You could have traveled to the US, gotten married, and left without a need for the K1 visa.

I guess you didn't read the last part of my post...

Hello,

I believe I asked something similar before but maybe I wasn't clear enough with my situation.

Im going to the US with my american Fiancee in a week to get married. I have a valid K1 visa on my passport. We are leaving the US after 10 days of our arrival, and we're getting married in between those days of our trip. We have no intention to live or stay in the US, at least not for now, so we won't even fill any adjustment of status paper or anything. We're just coming in the country, getting married there so she can share it with her family, and coming back to my country (where we've been living for the past 2 years together in our apartment)

My question is: would there be any "punishment" for leaving the US for any possible future visits if I had a K1 visa, got married but didn't stay in the country? One would think it would only be considered as a forfeiture for any naturalization process and nothing else should happen. My concern is coming back using ESTA after having a K1, getting married, but not staying.

PS: I know that in theory, you don't need a K1 visa to get married in the US and leaving, but that's in theory. I've been in the US several times (around 10) and know how distrutful CBP officers can be. So flying to the states with an american person and say the purpose of your trip is to get married and leave, might not sound like the most 'legit' plan to them. Hence, we figured the K1 visa was necessary.

Thank you for your help!

We are calling uscis tomorrow and see what they have to say.

I still wanna come in may because I haven't taken time off in a while so it was also my vacation. I mean I'll call the airline company and see what I can do with my ticket, but I also don't wanna waste a thousand bucks and 10 days off from work

Anyway she can come in May alone to finalize wedding plans?

I mean we bought our tickets in December so in the extreme case she can come on her own I suppose. But that would make me lose the $1000 for the ticket and won't let me do my part on the planning (trying on my suit, getting my best man's suit, and all the other wedding planning we need to do)

I have plenty of ties down here. I don't have a single relative living in the States. I own a house, a car, I'll be finishing my Master's, I have a very good job and make good money down here, we have pets, etc, I have loans to pay for here, money on my accounts, etc. Hopefully even if they get weird on me in July, I have more than enough proof that I have all the intention to come back here

You won't have problems entering using the K1, but I feel like you may have problems on any subsequent entry attempts (including the one in July) if you abandon the K1 process (and don't file for AOS/AP) as your applying for the K1 visa (and getting married) will have demonstrated immigrant intent and I feel that will be hard to overcome in the future (and that's pretty much the main thing you need to overcome for a non-immigrant visa/VWP entry AFAIK).

I feel like by trying to do the right thing and getting the visa, it will just end up back firing on us.

The one that worries me the most is the one in July, that's the real wedding with all the people attending to it. We are just getting married in May because I got my visa, we had the trip planned and booked and they told me I can't go on the VWP now in May and hold my visa until July.