I asked for a new interview date

[zyggy 9]

I thought that once the visa was in your passport that you had to execute it your first time over the border. I didn't realize you could ask them not to exercize it. I wonder how risky it is.

The rules are that it must be executed... but some officer have been willing to look the other way... if you want to take that chance, it's at your risk.

I would go to the interview and ask to wait to have the visa issued some time into the future. The consulate has been open to that in that past.

[neiks 19]

I am one that asked for my montreal interview to be rescheduled. I was 8 ++ month pregnant with my son when I received my interview letter scheduling me for the Friday of the start of the Christmas long weekend. It just wasn't reasonable for me to go when I wasn't even sure when my son was going to be born and didn't like the idea of having to travel with a baby that may only be a few weeks old the Friday of the Christmas long weekend. I was definately put to the back of the line... actually I think I may have fell off the waiting list. It was another 6 months later and a letter to out Senator before I got one rescheudled. Hopefully, the wait isn't long for you. Good Luck.

[trailmix 77]

I thought that once the visa was in your passport that you had to execute it your first time over the border. I didn't realize you could ask them not to exercize it. I wonder how risky it is.

The rules are that it must be executed... but some officer have been willing to look the other way... if you want to take that chance, it's at your risk.

I would go to the interview and ask to wait to have the visa issued some time into the future. The consulate has been open to that in that past.

Apparently it is a rule that is bent or ignored sometimes (see Crikey's! post below). Zyggy do you have a link to this information?

You can request a delay in the issuance of the visa. The day mine was approved at the Consulate, we discussed this with the Officer. The Officer said that I could send him my passport when I was ready for the visa to be issued. I have a vague recollection of it being up to 3 months.

As well, I have travelled to the US with the visa in my passport but did not use it until I was ready. (This was also a question we asked of the Consulate Officer. He said that there is no policy that states that a visa had to be used when crossing.... it is up to the beneficiary.) When/if the CBP Officers asked about it, I told them I would be using it at a later date. Mind you, this is always subject to interpretation by the officer. The guys at the Buffalo Peace Bridge were quite knowledgeable.

Edited February 13, 2008 by trailmix

[BH45 0]

I asked to have mine rescheduled and was fortunate enough to get another interview date two weeks after the original date due to a cancellation.

Maybe you'll be as lucky as I was with re-scheduling my date.

[Earmuffs 1]

take what was given to you...

[zyggy 9]

I thought that once the visa was in your passport that you had to execute it your first time over the border. I didn't realize you could ask them not to exercize it. I wonder how risky it is.

The rules are that it must be executed... but some officer have been willing to look the other way... if you want to take that chance, it's at your risk.

I would go to the interview and ask to wait to have the visa issued some time into the future. The consulate has been open to that in that past.

Apparently it is a rule that is bent or ignored sometimes (see Crikey's! post below). Zyggy do you have a link to this information?

You can request a delay in the issuance of the visa. The day mine was approved at the Consulate, we discussed this with the Officer. The Officer said that I could send him my passport when I was ready for the visa to be issued. I have a vague recollection of it being up to 3 months.

As well, I have travelled to the US with the visa in my passport but did not use it until I was ready. (This was also a question we asked of the Consulate Officer. He said that there is no policy that states that a visa had to be used when crossing.... it is up to the beneficiary.) When/if the CBP Officers asked about it, I told them I would be using it at a later date. Mind you, this is always subject to interpretation by the officer. The guys at the Buffalo Peace Bridge were quite knowledgeable.

No link per se... it's more rooted in procedure and case law... The INA indicates that one is permitted to have only one visa at a time. If one were to say have a B-visa and they applied for a K-visa, when the K-visa is issued, the B-visa would be cancelled and you would have to have the K-visa. The same principle applies even though Canadians don't need a visa to enter as a visitor or other citizenships have the use of VWP. Once a K-visa is issued, one can no longer enter the US as a visitor since they have a visa as a fiancee. Until that visa is either cancelled or used, that is the document that governs your eligibility for entry.

However, since Canadians don't need a visa to apply for admittance to the US, some officers (especially at the land borders) are willing to look the other way and let you come in for your short visit based on a DL and BC. However, as WHTI comes into effect, that loophole will be harder to allow.

[Gypsyangel 11]

Thanks to everyone for your comments. I'm going to think on it a bit more, but I am leaning towards Crikey's suggestion of keeping the interview date and asking them to delay issuing the visa. I will also probably send them an email explaining more ... it's worth a shot but I'm not sure it will work.

Thanks!

Karen

[Flames9_RN 358]

Well if you dont send that email, FOR SURE it won't work!! lol If you specify why a better date would be beneficial and request a different month, and get the right person, ya just never know!! All they can say is no!!

[warlord 73]

You definatly want to try an attened any immigration interview that is in person on the dates they give you. All the way up to being a US Citizen if you go that far. Many people have tried at various steps to post-pone the interviews (Green card, Citizenship, Oath etc) and been thrown back into the mix and many times lost as was mentioned on here already.

It's kind of one of those things where if you are applying for any immigration process and it involves an interview, make sure you don't have any important things planned in the next few months (or time frame they generally give). With trips planned, be prepared to cancel or yes, you can risk in having massive delays if you attempt to post-pone and may set you back a long time in the process.

Some have been successful, and many haven't, so it's definatly a big risk to take. All boils down to what is more important to you...

[Texanadian 10]

I asked the guy at customs at the BC/WA border when I activated my K-1 whether I could have still traveled in to the US without using the K-1 visa and he flat out said NO.

[thermophile 0]

how soon after the interview are is your parent's anniversary? My husband drove me back into the states after his interview but before he got his passport back from Montreal. They wanted to know why he only had a copy of his passport but after it was explained that it was still in Montreal or in transit with the IR1 visa, he was allowed to cross. and obviously not use the visa because he didn't have it in his possession. but if you're flying you may be out of luck.

Anyone know if you can apply for an AP before you actually get your visa? probably not, but I dont' know

[thermophile 0]

Zyggy-also could you clarify: is Canada a VWP country? if not what is it? When a Canadian is just waived through the border (no i-94) are they technically in possession of a visitor visa?

thanks

[~Laura and Nick~ 5]

Zyggy-also could you clarify: is Canada a VWP country? if not what is it? When a Canadian is just waived through the border (no i-94) are they technically in possession of a visitor visa?

thanks

I've visited many times and they haven't even stamped my passport!

They just let me on in.

[Krikit 1,164]

Anyone know if you can apply for an AP before you actually get your visa? probably not, but I dont' know

Unfortunately, we can't apply for AP until we have applied for AOS.... after using the visa.

Zyggy-also could you clarify: is Canada a VWP country? if not what is it? When a Canadian is just waived through the border (no i-94) are they technically in possession of a visitor visa?

thanks

Canada is not a VWP country. If you search the US Dept of State and the Citizenship & Immigration Canada sites I know you'll find a reference to your second question in writing. I've seen it but don't have the time to search for you at the moment. To paraphrase.... Canadians do receive a visitor visa.... just not in the same way as the VWP and visa countries.

[zyggy 9]

Zyggy-also could you clarify: is Canada a VWP country? if not what is it? When a Canadian is just waived through the border (no i-94) are they technically in possession of a visitor visa?

thanks

Canada is not a VWP country. Citizens of Canada are the only persons permitted to request admittance to the US for visitation purposes without the need for a visa. This was granted by treaty. Specifically starting with Jay's Treaty of 1787 (granting it to residents of British North America) and reinforced in subsequent treaties between the US and Canada.

With VWP, the US has decided to waive the need for a visa for citizens of certain low risk countries, but they can reapply the visa requirement at any time. The US cannot do this for Canadians unless they change the treaty..

There is a difference between a visa and status. Yes, once a Canadian has been granted admittance to the US, they are granted B-2 status as a visitor with a duration of stay of 6 months.

Edited February 13, 2008 by zyggy