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K-1 Approved, coming and going on a VWP

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  • K-1 Approved, coming and going on a VWP

    Hey everyone, this is my first time writing on immihelp. My fiancée and I have used this site as a constant point of reference throughout the VISA process. Before I ask my questions, I want to thank the immigration community here at immihelp for their advice and regular contributions to individuals and couples in need of answers to such important questions.



    My name is Markus, I'm from Seattle, my fiancée Joanna is from Colombia and has dual-citizenship in Colombia and Germany. In August we're set to get married in the US. Joanna has recently been approved for a K-1 VISA. Currently she is still in Colombia and has not yet entered the US.



    My question is:

    - Joanna needs to take a very short trip to the US in early May but cannot stay because if she did the 90 days would expire before our wedding day in August. Can she enter the United States for a few days with her German passport under the VISA Waiver Program (VWP), LEAVE the US a few days later returning to Colombia, and weeks later fly back to the US using her Colombian passport under the K-1 Fiancée VISA where she would then remain stateside?

    We are aware that once a K-1 VISA holder enters the US using the K-1 VISA, a premature departure from US territory would result in the cancellation of the K-1 VISA. Joanna and I fear that if she tries to enter the US with her German passport under a VWP, she could either be stuck in the USA unable to make use of her remaining two purchased flights OR even worse, upon her second arrival would discover that her K-1 has been voided.


    I would be open to any and all advice on the situation.



    Thanks!

    Markus and Joanna

  • #2
    Originally posted by Markus&Joy View Post
    I would be open to any and all advice on the situation.

    Thanks!

    Markus and Joanna
    Your question is way beyond what anyone here can help you with. You can call the USCIS or the NVC toll tree numbers anytime and ask.

    If it was my decision I would say "Why not", but I am nobody.

    My situation is just as confusing as yours. We are getting married on a K1, but not staying in the USA. If anyone asks "Why bother getting married in the USA?", I have two answers for them:
    1. A marriage license like just about any other government document from the USA is recognized anywhere.
    2. Ever price a wedding in any other country? The USA has the market cornered. Hahahaha

    The second statement is the one I will use if asked by anyone in an official capacity.
    Last edited by linuxpro; 03-16-2014, 04:50 AM.

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