janet82

Hello, I have my interview next week for a K1 visa and I know it is valid for six months after approval. I don't actually want to use it until later in the year but want to go to the US for a holiday/visit in August for a few weeks. Is it ok to travel on the VWP while the K1 visa in your passport or do you have to use it the first time you enter the US after approval? Will I have to declare it at customs? I just don't want to get trapped into the 90 day marriage before we want to do it.

(I have no past problems with VWP and have been out longer than I was in at the beginning of the year)

Thanks.

penguinbar

Hi Janet, Once you enter the US with a K1 visa you have to get married in those 90 days. A K1 visa allows you to eneter the country only once.You cannot just visit on a VWP and then go back and use the visa to get married. If you enter the US with it and then leave again without getting married and having advanced parole the visa will become void. It has nothing to do with customs. Customs are for declaring goods or money brought into the country you are visiting. The visa goes in your passport which will be checked at immigration. After your visa is approved they send back your passport with the visa affixed in it and an experation date. They will also send you an envelope with documents that you cannot open for immigration as well.

ian-mstm

I know you want to help, but it would be better if you didn't confuse the issue by reading into her question something that wasn't asked. She wants to know if she can enter the US on the VWP even though she has a K-1 visa in her passport. She does *not* want to activate her K-1 visa.

Ian

ian-mstm

I believe this is allowed. You'll need to explain to the officer why you're not using your K-1 visa, but there's nothing to prevent you from entering on the VWP even with a valid visa in your passport.

Ian

Folinskyinla

Hi:

This is an interesting question. I wonder what the answer is.

penguinbar

My attorney told my fiancee that once his K1 visa is in his passport he cannot enter on his a visa waiver. That's where I got my info from

Tracym

And the attorney posting above isn't sure what the answer is.

Interesting question indeed - I wonder where a definitive answer can be found.

gstring

I wonder if you could be forced to use the K1 right there and then?

Or....what about putting back your interview date? You can travel on the VWP while it's being processed. Just a thought.

English Muffin

I frequent another forum (Visa Journey) and the general consensus there is that the OPs proposal is not possible. A few people have been known to enter the US without activating their K1, but every single one of them entered by road from Canada. That's not to say that others haven't been successful entering another way but I would say that your chances are slim and it would be quite a gamble.

Tracym

Delaying the interview sounds a good idea to me.

btw... there are no guarantees to being let in on the VWP in any case. The OP would have to provide convincing evidence they intended to return to the UK.

janet82

That's just what I was afraid of.

Tracym

Ian thinks you wouldn't have to use the K-1 right away. I have heard that opinion before.

Others think you would.

Personally, I would not try it.

janet82

Thanks for the advice, judging by what people have said it does seem to be a bit of a gamble, especially since I don't have many ties to the UK.

californian

In this case, huge gamble . . . probably not a good idea. Is it worth is for a holiday?

meauxna

"It depends'?

There have been at least 2 Spanish posters on VJ who were successful with not using the already-issued K-1, even a West Coast entry (the other was also not a land border).
I haven't seen anyone post about getting to the POE and being 'forced' to use the K-1 when they preferred not to, but maybe people just don't take the chance.