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K1 Visa Issued - Travel Challenge

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  • K1 Visa Issued - Travel Challenge

    I have been issued with a K1 Visa on 7th October 2011 which I am ecstatic about. I have booked my flight to the USA for 11th Dec 2011. We were planning to marry on 3rd March 2012.

    Due to uncertainty about timings and advance planning I had to do, I am faced with a challenge.

    We have booked a 7-day trip to Mexico for 5th Feb 2012. The flight is from the US. This is to attend a wedding of a family friend of my fiancé. I have discovered that I will not be able to leave the US on my K1 visa. Only after I marry, apply for AOS and advance parole. My question is :- Can I enter on a visitors visa if I already have been issued with a K1 visa ? I have a passport from a member country of the VWP and have a unexpired ESTA. If I can, then when I re-enter, do I enter on my K1 Visa or still on the visitors visa because Mexico is a neighboring country and short visits are permitted under the VWP. I understand that I will then have to exit again to another country ( not Canada or Mexico ) and enter on my K1 visa.

    My preference would be to marry as soon as possible after 11th Dec, apply for AOS, EAD and advance parole and then just hope the AP is approved before 5th Feb. My fiancé is uncomfortable with marrying so soon and would like to live together as an engaged couple for a few months. She has asked me to explore all alternatives.

    Please can you offer some advice for my situation?

  • #2
    It is my opinion that once the K1 visa is glued in your passport, you aren't eligible for VWP instead. Your K1 will be used/activated when you enter the US. I wouldn't try your plan to ask immigration to please not activate it yet because it could go all wrong for you.

    Options I see are:
    • You have until April to use the K1, so fly directly to Mexico, then use the K1 after the Mexico holiday to get into the US.
    • Go to the US this week, marry, and apply for AOS and advance parole by next week and you just may have enough time to get the travel document before Feb 7. It can take 60 to 90 days to receive it after they accept your application.
    • Cancel the Mexico trip until you've got your immigration status in order and your fiance decides if she even wants to marry you.

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    • #3
      Thank you very much for your prompt response.

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