Traveling after getting your visa

[Chrystal and Joe 0]

Hello,

I have a question that I am just not sure about.

I want to know if after I actually obtain my visa can I travel to the US without utilizing it?

Reason being... is that Joe and I are not doing very well with our relationship right now...the long distance definitely has made it rough on us and so we are trying to decide if we are even going to stay together. I have received my NOA2 just recently but I don't have to actually get my visa until May and then after that, if I am not ready to use the visa yet, I know I have 6 months to use it, but what I would like to go visit Joe in the states but not go on my visa.

Does that make sense?...So I would have my visa but I would like to still go to the States without using it yet...save it for the important time that I wish to stay if we decide.

Thanks...and wish us luck...I really love him and I don't want it to end!

[Jaylen Brit 0]

Once the K1 is issued and you travel then thats the visa they'll use to enter you with.

I *have* heard of ONE case on here where the CO at the POE allowed an entry on a VWP after a K1 issue but I think that was an exception rather than the rule.

Perhaps you could try an entry BEFORE the K1 is issued?

Providing you have proof of return to country of domicile you *should* be allowed entry - again though it depends on the CO at POE - if s/he isn't satisified you'll be returning to canada (as they always assume intent to emigrate for all visitors) then they'll turn you back..

[Keigwyn 1]

I have seen the guidelines for the DHS on K-1 visas. It was posted about a week ago, but I cannot find it for love or money.

In there it says something along the lines that a K-1 can be re-issued if not used during a trip, PROVIDING that the validity of the K-1 has not expired and that the re-issuance (I believe) willl have the same validity period. However, I think this is at the discretion of the issuing body.

I am sure someone has the link or will correct me if I am wrong!

[zyggy 9]

I have seen the guidelines for the DHS on K-1 visas. It was posted about a week ago, but I cannot find it for love or money.

In there it says something along the lines that a K-1 can be re-issued if not used during a trip, PROVIDING that the validity of the K-1 has not expired and that the re-issuance (I believe) willl have the same validity period. However, I think this is at the discretion of the issuing body.

I am sure someone has the link or will correct me if I am wrong!

The answer quite plainly is no. One can only have one visa at any one time. If a K1 is issued, the consulate will cancel any other visa in the passport. In addition, if one has a visa in their passport, then one cannot enter the US on VWP as long as that visa is in effect. If one was permitted entry while a K visa was issued, then that entry was in error. The only time I have ever heard of individuals entering the US while a K visa has been issued is with Canadian Citizens who entered the US with a BC and DL. If they would have attempted to enter on their passport or if the CBP officer has found out that a K visa has been issued, they would have been given the choice to use the visa or return back to Canada.

Edited February 10, 2006 by zyggy

[Yodrak 7]

Keigwyn,

I think your thought is in the right direction, but what you've written does not correctly express what you're thinking.

In any event, counting on a consulate to re-issued a K1 visa is probably a high risk proposition, best reserved for desperate and emergency situations.

Yodrak

I have seen the guidelines for the DHS on K-1 visas. It was posted about a week ago, but I cannot find it for love or money.

In there it says something along the lines that a K-1 can be re-issued if not used during a trip, PROVIDING that the validity of the K-1 has not expired and that the re-issuance (I believe) willl have the same validity period. However, I think this is at the discretion of the issuing body.

I am sure someone has the link or will correct me if I am wrong!