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Travelling to the USA on VWP after being issued with K-1 Visa

Travelling to the USA on VWP after being issued with K-1 Visa

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Old Feb 9th 2010, 11:05 pm
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Default Travelling to the USA on VWP after being issued with K-1 Visa

Good afternoon all,
I have been a viewer of this forum for some time and have found it extremely useful... however I now have a question that I was not able to find an answer for by searching. Any advice or information would be very much appreciated!

The current situation:
- I am a UK citizen living in the UK, my fiancé is a USA citizen currently living in the USA.
- We filed a petition for a K-1 visa some time ago.
- I have now received a letter from the USA Embassy in London requesting additional documents etc which I have submitted
- I have booked my medical examination.
- Just waiting for the letter confirming the interview date

Based on this I am hoping to receive my K-1 visa in 1-2 months (~ March?) but I am not planning on moving to the USA until end of July.

My question is.... can I travel on the VWP (Visa Waiver Program) after I have received my K-1 visa?
- I would like to visit my fiancé between receiving my visa and moving to the USA for good but I do not want the 90 day limit before marriage to start counting down from a visit when I was not moving to the USA!

Many thanks in advance!
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Old Feb 9th 2010, 11:18 pm
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Default Re: Travelling to the USA on VWP after being issued with K-1 Visa

Originally Posted by AlmostHome
t
My question is.... can I travel on the VWP (Visa Waiver Program) after I have received my K-1 visa?
Generally not.
I waffle, because it has been done. I have heard of it exactly one time in the last however many years. Others here will testify to how many immigration stories I must read per year.

As ever, it comes down to the officer at your POE, so if you're not prepared to accept the K-1 admission, you'd better find a way around this. Either USC visits UK or you delay your interview until you've had your visit.
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Old Feb 10th 2010, 12:13 am
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Default Re: Travelling to the USA on VWP after being issued with K-1 Visa

Originally Posted by meauxna
Generally not.
I waffle, because it has been done. I have heard of it exactly one time in the last however many years. Others here will testify to how many immigration stories I must read per year.

As ever, it comes down to the officer at your POE, so if you're not prepared to accept the K-1 admission, you'd better find a way around this. Either USC visits UK or you delay your interview until you've had your visit.
Or you guys meet in a 3rd country and have an early honeymoon. LOL

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Old Feb 10th 2010, 12:17 am
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Default Re: Travelling to the USA on VWP after being issued with K-1 Visa

If you want to live dangerously, just reschedule your interview until after your trip. No guarantees it won't blow up in your face, though.
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Old Feb 10th 2010, 5:37 pm
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Default Re: Travelling to the USA on VWP after being issued with K-1 Visa

Thank you for the replies. Your answers confirm what I had feared - that it probably (most likely) is not possible to travel on VWP after being issued my K-1 visa.

Meeting in a 3rd country isn't really an option as the purpose of my visit(s) (as well as to see my fiancé of course) would have been to help find a house organise the wedding.

I would not be keen on rescheduling the interview for reasons like you said, it could end up going wrong as a result.

When I do have my interview I will raise this question and see what they say... or see who they advise I speak to and I will report my findings here.

Many thanks once again!
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Old Feb 10th 2010, 5:49 pm
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Default Re: Travelling to the USA on VWP after being issued with K-1 Visa

Originally Posted by AlmostHome
When I do have my interview I will raise this question and see what they say... or see who they advise I speak to and I will report my findings here.
Please keep in mind that the ConOff probably doesn't know the real answer to this, as it will be the choice of the POE officer to admit you as a visitor instead of a K-1. Even if the ConOff tells you it's fine, it might not be.

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Old Feb 11th 2010, 1:46 pm
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Default Re: Travelling to the USA on VWP after being issued with K-1 Visa

I think you will need to get Advance Parole but I'm not sure if you can only get it once you've filed for adjustment of status.
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Old Feb 11th 2010, 2:25 pm
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Default Re: Travelling to the USA on VWP after being issued with K-1 Visa

Originally Posted by katnap8
I think you will need to get Advance Parole but I'm not sure if you can only get it once you've filed for adjustment of status.
You can only get Advance Parole after you arrive on the K-1, get married, and file for AOS. AP won't help the OP with his problem of wanting to travel to the USA with K-1 visa in hand and not activating it.

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