Does the K-1 have to be used on the next entry to the USA?

[Technicalglitch 1]

I have what might be an unusual question.

Once the K-1 visa is issued, do I need to use it on my next trip to the USA? I ask because I work in Canada and want to keep my job for now, and if I was to activate the K, it's unlikely that I could get married and then get the green card (that takes a while after the marriage, correct?) before I'd have to head back to Canada for at least 8 weeks to work. It sounds like, from what I have read on other threads here, that I wouldn't be able to get the re-entry permit issued fast enough either, if I was to try that instead (as that is what I originally thought I would do). If I waited a few months then I would have time to enter and stay a while, but then that would be a long time between visits, we don't want to be apart for 6 months.

So, can I visit the USA after the K-1 is issued, and not actually use it on that trip but save it to a later trip? I'm guessing not, but I thought I'd ask and see if anyone here knows.

[florida4life 29]

The K1 visa has a time limit for you to enter and marry. So it may be 2-4 month they give you to enter the U.S. to marry. Its is only a 1 entry visa so you cant come then leave you have to wait until you get AP and that can take up to 90 days to get.

[NY_BX 397]

I have what might be an unusual question.

Once the K-1 visa is issued, do I need to use it on my next trip to the USA? I ask because I work in Canada and want to keep my job for now, and if I was to activate the K, it's unlikely that I could get married and then get the green card (that takes a while after the marriage, correct?) before I'd have to head back to Canada for at least 8 weeks to work. It sounds like, from what I have read on other threads here, that I wouldn't be able to get the re-entry permit issued fast enough either, if I was to try that instead (as that is what I originally thought I would do). If I waited a few months then I would have time to enter and stay a while, but then that would be a long time between visits, we don't want to be apart for 6 months.

So, can I visit the USA after the K-1 is issued, and not actually use it on that trip but save it to a later trip? I'm guessing not, but I thought I'd ask and see if anyone here knows.

You can't "save" the K-1. It's a one-time entry visa. Then, you have 90 days to marry.

[Hypnos 6,576]

Someone else posted a similar story here, also a Canadian I think, about not wanting to "activate" their K status on their next trip. They were sent to secondary, but it wasn't an issue.

[kitthekat 1,317]

You can travel to the US with a K-1 visa in your passport and ask to be allowed to enter without activating the K1, but I believe it's up to the POE officer to decide whether or not to let you in. I have only read of a few isolated cases on VJ where the request was successful, but if you don't mind the possibility of being turned back, it might be worth a shot?

Edited January 2, 2014 by kitthekat

[Darnell 8,478]

Ya, yer in a unique 'slot' there.

If you are crossing by land, the CBP folk sometimes ask you 'are you activating your K-1 visa today?' and if the answer is no, they'll let you come across.

So, when you are crossing over at a land crossing, tell the CBP goon you are NOT activating your K-1 visa on this crossing.

We've had reports of this working, here on VJ, in the Canada Forum.

[Technicalglitch 1]

Hmmm, I need to cross by air though (we're at opposite ends of the continent), so it's trickier to be turned back. Ah, I wish the USA was a country where they would just tell you where you stood ahead of time, and I would know whether to come for a visit or just stay home. It's the downside of living in a country where we are allowed to cross so easily. I've been pulled into secondary frequently, so that doesn't scare me any more, but I would hate to be turned back, or be made to activate the K and then not be able to get back home to work.

Thanks for the info, guys!

[baron555 934]

Yes all your other visas or status of not needing a visa goes out the window.