Activating K3 Visa

[tysalanna 0]

My visa was approved. Due to fact that I didn't think it would happen as quick as it did, we had our move planned for June. Can I go down and visit my husband in March without activating my visa? The consulate officer said that when we activated our visa (my three children and myself) that we needed to go across at the same time. My understanding is that it has to do with the information about custody, maybe it is only in my package. I don't know. Anyway, that really messes up my planned visit in March since the children were going to be spending that time with their Dad.

I also don't want to mess up my eligibility of EI once I get work authorization. Anyone with experience or opinions???

[Rhiannercakes 14]

I think it's up to the guard at the border that day.

I believe Arabella has some experience with this, so maybe she'll post here and talk about it.

[Krikit 1,163]

There is no set policy about having to use the visa when crossing. But, like Rhiann says, it all depends on the officer. I was able to cross without using my visa. I just explained that I had commitments and issues to deal with prior to moving so would be using it at a later date.

But.... correct me if I'm wrong..... can't K-3 visa holders cross back without an AP after being processed? If they haven't processed your visa as yet, you could always ask them to delay its issue.

[Flames9_RN 358]

Not very familiar with a k3, but do believe you do not need AP to travel back and forth between USa/Canada, it is a multiple entry Visa. If thats the case you could enter in MArch and activate it. Keep in mind you have to activate it within 6 months of the date it was issued. Some have had Mtl just delay the issuance of the visa, but if you already have it,they may not be able to do that.

K3 and Ei don't mix very well,lol one has to wait til you get ur EAD before you can collect EI. Hindsight is 20/20,but in ur situation you prob should have went with the cr-1--as u applied in June 2009 and had a yr to do immigration. Best of luck

[trailmix 77]

There is no set policy about having to use the visa when crossing. But, like Rhiann says, it all depends on the officer. I was able to cross without using my visa. I just explained that I had commitments and issues to deal with prior to moving so would be using it at a later date.

But.... correct me if I'm wrong..... can't K-3 visa holders cross back without an AP after being processed? If they haven't processed your visa as yet, you could always ask them to delay its issue.

Yes, this is correct, K3 is multiple entry - maybe you can take a quick trip to the border to use your visas before going for your holiday?

Can I travel and re-enter the U.S. on my K-3 or K-4 visa? link

Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application.

Edited January 17, 2010 by trailmix

[Arabella 4]

I think it's up to the guard at the border that day.

I believe Arabella has some experience with this, so maybe she'll post here and talk about it.

Sean visited me for a month over Christmas without activating his K1 Visa. We were told by Paul Mayer, the Deputy General at the US Consulate in Montreal, that this was allowed. He didn't bring his envelope with him when he went through the border. He told the BP that he wasn't going to activate his K1 Visa. They did make him wait for about 45 minutes, and told him they were going to issue him and I-94, but in the end they didn't and they let him through.

So it's allowed, it's just confusing to the border patrol. Also, Paul Mayer put a note on Sean's "CCD screen" in their joint computer system letting the Border Patrol know he was allowed to visit without activating his K1 Visa. I don't know if this was checked or not when he crossed.

K3s are multiple entry Visas though, so you should be fine.

Good luck!

Edited January 17, 2010 by Arabella

[Flames9_RN 358]

Jut to keep in mind, each POE experience is different,lol Each POE/guard at times seems to interpret the rules their own way, which just adds confusion/frustrations to the process

[tysalanna 0]

Thanks for all your input. I think I will take the whole family down in March and activate our K3/K4. We will however, not be moving permanently until the end of June. I need to stay at my job until the middle or end of June because I have a commitment to train someone and I also want to give the children an opportunity to finish their school year.

If I apply for my EAD in March, is it acceptable to come back to Canada and continue working until I move permanently. Hopefully then my EAD will be approved and I will be able to find employment right away or qualify for EI. Has anyone ever done this?

[trailmix 77]

Thanks for all your input. I think I will take the whole family down in March and activate our K3/K4. We will however, not be moving permanently until the end of June. I need to stay at my job until the middle or end of June because I have a commitment to train someone and I also want to give the children an opportunity to finish their school year.

If I apply for my EAD in March, is it acceptable to come back to Canada and continue working until I move permanently. Hopefully then my EAD will be approved and I will be able to find employment right away or qualify for EI. Has anyone ever done this?

You don't need an EAD - K3 is multiple entry.

[Flames9_RN 358]

You don't need an EAD - K3 is multiple entry.

EAD has nothing to do with Entry. She wil need EAD to work. I'm sure other wil chirp in about the EAD with a K3, i was a cr-1, so not sure how that process goes