Automatic Visa Revalidation Rule

[Satellite 1]

For years on VJ everyone has been preaching do not leave the country once you arrive on your K1 visa. Do not go on a vacation outside the US, etc. What is everyone's opinion of:

Automatic Visa Revalidation Rule

http://travel.state.gov/visa/laws/telegram...grams_1441.html

Basically if your visa expired, K1, B2, J1, etc., and you have a valid I-94, and you want to return to and remain in valid non-immigrant status, the Point of entry officer should allow you to enter the country despite having an expired visa. For K1 holders this means before marriage and before you apply for adjustment of status as that changes your non-immigrant status.

Logic holds that travel to Mexico and Canada known as the contingent territories would still allow for re-entry, for example closed loop cruises that start and finish in a US port despite stopping in say Mexico.

[Otto 83]

There's a lot of details in that (almost 8 year-old) memo/telegram - it's very debatable what exactly is being said there - it doesn't sound like it would apply to K-1/single-entry visas (not in a way that would go against what is often advised here on VJ). Embassies/Consulates have had the authority to re-validate visas for as long as I can remember but am just not sure what is in this memo really sheds any new light on things.

Its interesting to read though (it's amazing how complicated immigration is or can be).

[Satellite 1]

I know US Consulates can re-validate the K1, but this section of the code of federal regulations talks about the point of entry officer allowing admission without going to any consulate. According to this rule, you are not eligible if you do apply at a consulate for a new visa while out on your 30 day or less trip.