Going to the US and not activating a K1 visa

[Flames9_RN 358]

Thanks dad,lol Expenses can add up, doesn't take much!!

Edited April 14, 2008 by flames9

[Gypsyangel 11]

When I went for my interview in March, I asked if they could delay putting my visa into my passport as I needed to travel to the U.S. in April for my parents 50th wedding anniversary. I needed to travel through Pearson because we were going on a cruise that left from San Juan.

The interviewer told me that he could give me a soft refusal or he said a better route was to just tell the immigration officer that I didn't want to activate my visa on that visit. After I told him that I had heard that this was not possible, he went to check with his supervisor. He came back and verified that it would be ok for me to ask not to activate the visa. He said to explain that I wasn't planning to move/get married until July. He assured me that it wouldn't be a problem.

So, last Sunday I went nervously to the airport. I went up to the immigration officer. He scanned my passport. He asked where I was going and when I was coming back. I saw him glance at my engagement ring. He opened my passport. I held my breath. He didn't flip through. He didn't see my visa. He stamped it with a B-2. I wondered if I should say anything, but I assumed that my file on the computer gave him the information, but he decided to look the other way. I felt kind of guilty like I should point it out, but it seemed like he was maybe doing me a favour so I said nothing. And I was on my way. He seemed like a nice guy ... I've had some real jerks going through Pearson in the past.

On the way back, we went through immigration in St. Thomas. Immigration came aboard the cruise ship and everyone on the ship had to go through. I, once again, nervously approached. He looked at my passport, opened it up and stamped it. Didn't see the visa. He said I was one of the few people on the ship that was lucky enough to get a stamp ... heh, heh, nervous laugh from me. And I was out of there.

So Kathryn, I'm not sure if that helps or not. But, that's my experience. I spent a lot of time being nervous about it, but it turned out ok. I also have another trip that I'd planned for the end of April, but I don't know if my nerves can stand going through that again. I may have to cancel. I'll be interested to hear about your experience! It's interesting that they said on the phone that it's not a problem. Good luck!

[KathrynP 0]

Thanks Gypsyangel. I'll report in, though not until Monday because if we meet in Chicago or meet in Windsor I won't be spending much time online! I really wish it was Darius doing this though, he's so much better at dealing with stress than I am. I'm terrified that they'll say no and he's confident they'll say yes.

Texanadian, why didn't you get EAD for 6 months? I thought they had to give it to you within 3. I promise, I know money-wise what I'm getting into and a weekend away will not mean we can't buy groceries when I'm in the States.

[Cassie 8]

Thanks Gypsyangel. I'll report in, though not until Monday because if we meet in Chicago or meet in Windsor I won't be spending much time online! I really wish it was Darius doing this though, he's so much better at dealing with stress than I am. I'm terrified that they'll say no and he's confident they'll say yes.

Texanadian, why didn't you get EAD for 6 months? I thought they had to give it to you within 3. I promise, I know money-wise what I'm getting into and a weekend away will not mean we can't buy groceries when I'm in the States.

There's no law on the books stating that we get EAD approval within a specified time. The typical processing time for EADs right now is hovering around 90 days, but it could be more or less. And there are people that wait a loooooong time for their EAD.

[TheATeam 0]

KathrynP they don't have to give you EAD within 3 months. That's a guideline they use for processing, kind of like the guidelines that they give for the K1 visa. There are people who get their EAD in 2-3 months, and some that take 6, and some can take a year. Personally, I'm planning on it taking at least 6 months. It also depends on when you get married. If you wait out most of the 90 days, then get married, then apply, even if you get EAD in 3 months, you're still looking at 6 months out of work.

[KathrynP 0]

We're getting married 4 days after I move so that won't be an issue. At least the timelines are looking good for EAD, hopefully I'm not one of the outliers in a bad way.

[Scott&Angelyn 0]

hey Kathryn!!!

fingers and toes crossed!!!

hope the visit goes well...or went well...couldn't tell when you were going from the post...

hope you are less stressed...

hang in there kiddo...Scott and I are getting married on the 25th!!!...having a reception in the summer after the house is bought...LOL

take care!!!

Angelyn

[JillA 2]

Hi guys, I've read somewhere that you get a temporary 90-day working permit when you cross & activate your K-1, so can't you work as soon as you get there for at least 90 days?

[~Laura and Nick~ 5]

Hi guys, I've read somewhere that you get a temporary 90-day working permit when you cross & activate your K-1, so can't you work as soon as you get there for at least 90 days?

Yes, some POE's will issue that stamp, JFK being a known one.

I've also read of some land crossings on the Canadian/U.S. border giving the stamp as well.

[JillA 2]

Cool, where are you crossing Laura? I'm in Oakville, I think I'll drive over Queenston-Lewiston... I hope they give it there!

[Peggy 1]

Good luck with your trip.

I have seen Candians on here that entered the US and not activated their K-1.

Just bring lots of ties to Canada and I think you should be fine.

I think your still allowed to fly into the US from Canada using BC and Picture ID. I thought they changed the date of having to fly using a passport until next year. Maybe I am wrong.

[SapphireDreams 71]

Cool, where are you crossing Laura? I'm in Oakville, I think I'll drive over Queenston-Lewiston... I hope they give it there!

I've never seen anyone get one at that point of entry. Someone recently got it at the Detroit/Windsor crossing though. I also heard someone say they though the Peace Bridge gave it out too but I wouldn't count on it at all. I think it's always best to prepare to not work for 3-6 months when you move.

Hopefully the OP got in okay!!

[Krikit 1,164]

Cool, where are you crossing Laura? I'm in Oakville, I think I'll drive over Queenston-Lewiston... I hope they give it there!

Hey JillA! I'm from Oakville! Queenston-Lewiston doesn't give the stamp. Nor do any Ontario borders that I know of. Honestly? It's not worth the hassle. But welcome to the Board, JillA!

[Marilyn. 340]

Good luck with your trip.

I have seen Candians on here that entered the US and not activated their K-1.

Just bring lots of ties to Canada and I think you should be fine.

I think your still allowed to fly into the US from Canada using BC and Picture ID. I thought they changed the date of having to fly using a passport until next year. Maybe I am wrong.

actaully no, you need the passport to fly.. the date for needing a passport for crossing at a land border keeps changing..

ALL PERSONS traveling by air outside of the United States are required to present a passport or other valid travel document to enter or re-enter the United States.

LAND AND SEA TRAVEL

The following summarizes information available on the Department of Homeland Security’s website.

* CURRENTLY:

U.S. citizens need to present either (a) a passport, passport card (available in spring 2008), or WHTI-compliant document; or (B) a government-issued photo ID, such as a driver’s license, along with proof of citizenship, such as a birth certificate.

* LATER:

On June 1, 2009, the U.S. government will implement the full requirements of the land and sea phase of WHTI. The proposed rules require most U.S. citizens entering the United States at sea or land ports of entry to have a passport, passport card, or WHTI-compliant document.

http://travel.state.gov/travel/cbpmc/cbpmc_2223.html

[zyggy 9]

It looks like the June 2009 date is going to be firm. The word in CBP is that it is and they have been going through training on the new prcedures that will be in force at that time. THe procedures and equipment to start WHTI at land borders is currently being rolled out and tested in Nogales, Arizona. A good friend of mine has been there for the last few months on the team that is working the bugs out and will be in charge of rolling it out in Detroit early next year. In addition, the US State Dept. has stared taking orders for the cheaper passport card ($20 if you already have a passport, $45 if you don't I believe) and it will be in production in June which is the linchpin of the whole deal. Select frequent travellers in Nogales have had the passport card for a few months now as part of the testing.

However, a new administration may have new ideas about it and change things again... But tell your friends who don't have passports to get them now... I don't know want to think about what's going to happen early next year...

Edited April 18, 2008 by zyggy