Enter USA under VWP after K-1 visa issued
My wife's sister was has been issued a K-1 visa which is in her German passport. Once she enters the US under this visa, she has to marry her fiancé within 90 days and then submit for a Change of Status before receiving her Work And Travel Authorization documents.
Since this process can take several months, she wants to instead enter the US using her German passport under the VWP (Visa Waiver Program), then take an early vacation with her fiancée to Jamaica, again using her German passport to enter Jamaica. On return from Jamaica to the US, she wants to enter the US using the K-1 visa in her passport, then get married and submit for her change of status.
Is this possible? Can she enter the US under the VWP using her passport even if there is a valid visa in it, effectively choosing not to use it on that entry? Is there a requirement to use a visa on first entry to the United States if one is in your passport and is unused?
I don't know of any such requirement but need to find information on this. It seems to me that this should be possible as long as her visa is still valid and has not expired before she gets back to the US from Jamaica.
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Can you visit U.S. while K1 visa is processing?
There is no law that you are not allowed to visit your significant other while you are going through the K-1 process. But you need the right circumstances showing that you maintain ties to your home country, and most importantly an intent to return.What happens after K1 visa is approved?
After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fianc\xe9(e) lives.Can I travel to the US while my application for an immigrant visa is being processed?
Can I travel to the United States while my application for an immigrant or fianc\xe9(e) visa is being processed. If you intend taking up permanent residence in the United States, you are required to wait until the immigrant or fianc\xe9(e) visa is issued.Can I travel while my visa is being processed?
You must not travel outside of the U.S. while the petition is pending. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned.What is the Visa Waiver Program in USA | ESTA | Stay for 90 Days in the U.S.A | Zavala Texas Law
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