Travelling to the USA on VWP after being issued with K-1 Visa
#1
Just Joined
Thread Starter
Joined: Feb 2010
Posts: 14
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!
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!
#2
Re: Travelling to the USA on VWP after being issued with K-1 Visa
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.
#3
Re: Travelling to the USA on VWP after being issued with 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.
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.
Rene
#4
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.
#5
Just Joined
Thread Starter
Joined: Feb 2010
Posts: 14
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!
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!
#6
Re: Travelling to the USA on VWP after being issued with K-1 Visa
Rene
#7
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.
#8
Re: Travelling to the USA on VWP after being issued with K-1 Visa
Rene