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According to things I've read, it seems it is legally to travel to the USA under the VWP (if applicable) but just for a 'holiday. It is advisable to take proof that you intend to return to your country after your holiday, i.e. proof of employment, bills, proof of address.

It appears to be legal but a gamble!

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Q: Can you enter US for visit while applying for k1 visa?
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