I asked for a new interview date

[zyggy 9]

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

Nope.. gotta have the basis for the AP... if you haven't entered the US an a K-1, there is no basis for needing one...

[thermophile 0]

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.

yeah I've looked at those too, but was hoping that Zyggy might clarify. It's not VWP but generally when you look at USCIS info they lump Canada with VWP. I think a better understanding of legally what the status of a Canadian visiting the US might help in understanding some of the situations that come up. Such as, if a Canadian is here and spur of the moment decide to marry and AOS can they? I'm not advocating that route, but the question comes up fairly often and it isn't clear what the Canadian's status is. the 2 possibilities that I have in my head are 1)Canadians are automatically on a 6 month visitor visa every time they enter the US unless told otherwise at the border, or 2) Canadians are on a visitor visa for the amount of time that they declare at the POE, even though this is rarely recorded and would therefore be very difficult to enforce.

[Toastburglar 0]

The last time I went across the border (going into US via Houlton, ME) I had forgotten my passport. We did end up having problems at the border because I had no ties to Canada, but though the whole thing they only had my driver's license, and they never even asked for my passport. I think Canadians are still allowed to just use a photo ID to get across the border. If I went through a 2 hour investigation and they didn't even mention my lack of a passport, I think it would be fair to say you don't need to use your passport to get across the border. I mean, until the rules change this summer

[thermophile 0]

Thanks zyggy. I didn't see you're answer when I was writing my follow up. I've been wondering that for quite awhile.

[SapphireDreams 71]

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.

The last few times I have gone to visit they have stamped my passport and stamped it and wrote B2 on it and wrote a date six months out on it. It happened to me to once in December 2006 and then the last 2 times I went (both in December 2007)

Before that they just always stamped my boarding pass.

I don't think I would risk going through and not activating the visa, you could get a touchy agent.