# Can you visit on an ESTA while K1 or CR1 are in process?



## CurlyGirl (May 29, 2015)

Can anyone tell me what the restrictions are on visiting the US while a K1 or CR1 is in processing? I can't find anything on the US immigration site with a difinitive answer.
I have seen that it is not advisable, but why not? If you travel with enough documentation to show you are still in employment, paying rent, return flights etc and have every intention to return is this not sufficient to still see each other while you're mid process?

We are pretty well read on the K1 but have started to look at the CR1 a bit more as i'd really like a UK wedding but my partner probably wouldn't be able to get 3-4 weeks off to give 15 days notice for a marriage licence before the wedding. The CR1 looks more cost effective and is more beneficial to me as I could work on entry etc. Processing times is not really the issue for us, unless we are prohibited from seeing each other one way or the other so this may give us food for thought. 

I've had no issues with US visits to date and about 10 trips including one for 89 days so I would hope I could answer any difficult questions on entry to show i'm not going to go missing!


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## Davis1 (Feb 20, 2009)

The use of the ESTA mean you have no immigrant intent but if you file a K1 
then you obviously do have intent... some make it thru some do not ...


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## BBCWatcher (Dec 28, 2012)

Right. You must simultaneously:

1. NOT HAVE immigration intent during the particular visit to the United States that you are taking;

2. HAVE immigration intent in/for the future, when you complete your visa processing;

3. Demonstrate #1 and #2 through documentation if asked;

4. Answer sometimes tricky questions, perhaps not in your native language, truthfully and (if true) consistent with #1 and #2.

If you can do all that, enjoy your trip.


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## CurlyGirl (May 29, 2015)

BBCWatcher said:


> Right. You must simultaneously:
> 
> 1. NOT HAVE immigration intent during the particular visit to the United States that you are taking;
> 
> ...


Thanks for the reply. 

I'm pretty confident I can do this, i'd get a letter from my employer, return flights, copies of my rent book, outgoings etc. I can't see how tricky it could get with all that kind of stuff as my intent woukd purely to see my Fiance while we follow the visa process (K1 or CR1 to be decided, i've contacted a couple of immigration lawers so we can get all our questions out) 

The US immigration site offers no real help on this and I can't afford to get turned away. I'd happily take all paperwork they would need if they listed it!


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## TeamTrumbley (Apr 23, 2015)

I recently entered through Detroit on an ESTA, for Thanksgiving. I explained that we had wanted to spend Thanksgiving together, but I had to get back to the UK for my embassy interview. I had my return flights and confirmation of receipt of supporting evidence with me. The chap was really nice, probably the easiest entry I've ever had. I think he could see we were invested in doing it the proper way and I didn't want to mess that up. 
Good luck!


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## CurlyGirl (May 29, 2015)

TeamTrumbley said:


> I recently entered through Detroit on an ESTA, for Thanksgiving. I explained that we had wanted to spend Thanksgiving together, but I had to get back to the UK for my embassy interview. I had my return flights and confirmation of receipt of supporting evidence with me. The chap was really nice, probably the easiest entry I've ever had. I think he could see we were invested in doing it the proper way and I didn't want to mess that up.
> Good luck!


Same airport I fly into on my visits before driving in to Ohio.x


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