Visiting without Activating Fiancee Visa

[Sillypie 0]

Hi

I just got my fiancee visa at the end of Jan. this year. This visa expires in July. However, I want to enter the U.S. and visit my friends/fiancee prior to my visa expires. I was told that I could enter the U.S. without activating my fiancee visa during that day when I picked it up. I talked to my other friend who also got hers, she said that she wasn't told that. I wrote an e-mail to the U.S. Consulate, they said that if I was told at that time, then it must be true. However if I was still deny entry or have to activate my visa upon entry then they "have nothing to do with it" (i know, so rude). They didn't give me any written proof or documents of all the instructions they told me that day when I picked up my visa..

Sooo.. I was just wondering If you guys know for sure that I could enter the U.S. prior to my visa expires WITHOUT activating my fiancee visa? (meaning enter as a visitor and leave)

thanks for your help

Edited January 31, 2010 by Sillypie

[evilmonkey 2]

Hi

I just got my fiancee visa at the end of Jan. this year. This visa expires in July. However, I want to enter the U.S. and visit my friends/fiancee prior to my visa expires. I was told that I could enter the U.S. without activating my fiancee visa during that day when I picked it up. I talked to my other friend who also got hers, she said that she wasn't told that. I wrote an e-mail to the U.S. Consulate, they said that if I was told at that time, then it must be true. However if I was still deny entry or have to activate my visa upon entry then they "have nothing to do with it" (i know, so rude). They didn't give me any written proof or documents of all the instructions they told me that day when I picked up my visa..

Sooo.. I was just wondering If you guys know for sure that I could enter the U.S. prior to my visa expires WITHOUT activating my fiancee visa? (meaning enter as a visitor and leave)

thanks for your help

you cannot enter on any other type of visitor visa once you have the fiance visa - think about it - when you were issued the visa it was put in your passport - the moment your passport is scanned your fiance visa will automatically get activated. Secondly, you should be carrying the sealed envelope otherwise there is very good chance you will be denied entry.

[Sillypie 0]

you cannot enter on any other type of visitor visa once you have the fiance visa - think about it - when you were issued the visa it was put in your passport - the moment your passport is scanned your fiance visa will automatically get activated. Secondly, you should be carrying the sealed envelope otherwise there is very good chance you will be denied entry.

You don't need a visitor's visa to enter the U.S. as a Canadian. It's visa-free.

I was told that I could enter the u.s. without activating it. She even said "for example, if you are going there next week, you just have to tell them that you have a valid fiancee visa, but you are not activating it at this time"

I am just wondering if anyone else is told the same thing when they picked up the visa, or if they have successfully enter the U.S. without activating their fiancee visa

can anyone confirm?

[evilmonkey 2]

You don't need a visitor's visa to enter the U.S. as a Canadian. It's visa-free.

I was told that I could enter the u.s. without activating it. She even said "for example, if you are going there next week, you just have to tell them that you have a valid fiancee visa, but you are not activating it at this time"

I am just wondering if anyone else is told the same thing when they picked up the visa, or if they have successfully enter the U.S. without activating their fiancee visa

can anyone confirm?

ok I dinged into this issue further - it appears there have been instances where certain Canadian citizens with K1 in their passport were allowed to cross to US without activating their K1 but they showed "strong" ties to Canada. Also there were instances when a vast majority of Canadian citizens were forced to activate their K1 visa or denied entry because they were unable to show strong ties.

It totally depends on the CBP officer and you can expect secondary screening for sure and be prepared to answer very specifically with documented proof as to why you do not want to use the K 1 right now

[sachinky 465]

It depends on CBP officer. It's upto them whether they let you in as a fiancee or a tourist.

[trailmix 77]

ok I dinged into this issue further - it appears there have been instances where certain Canadian citizens with K1 in their passport were allowed to cross to US without activating their K1 but they showed "strong" ties to Canada. Also there were instances when a vast majority of Canadian citizens were forced to activate their K1 visa or denied entry because they were unable to show strong ties.

It totally depends on the CBP officer and you can expect secondary screening for sure and be prepared to answer very specifically with documented proof as to why you do not want to use the K 1 right now

While it is true that a few have not used their K1 visas and just gone in to visit, i'm not sure about the 'vast majority' being forced to use their visa? Perhaps these are threads I have missed, but I don't ever remember reading one here on VJ.

Anyway Sillypie, no one here can tell you one way or the other - which is pretty much what Montreal told you - and they are right. It is 100% up to the border guard on the day.

[Krikit 1,164]

Yep, tis true I will confirm that. There is no policy that you must use a visa once it has been issued. I am one of the people who crossed with the visa in the passport but without using it. I simply told them that I would be using it at a later date due to obligations and legal matters which required closure prior to my move. It was not a problem. Having said all this, however, the CBP Officer at the POE always has final say on whether they will allow someone to enter or not, and on what terms. Some POE's (and officers) are more informed than others. (The Peace Bridge at Fort Erie, for example.) Which POE do you plan on entering?

[Sillypie 0]

Yep, tis true I will confirm that. There is no policy that you must use a visa once it has been issued. I am one of the people who crossed with the visa in the passport but without using it. I simply told them that I would be using it at a later date due to obligations and legal matters which required closure prior to my move. It was not a problem. Having said all this, however, the CBP Officer at the POE always has final say on whether they will allow someone to enter or not, and on what terms. Some POE's (and officers) are more informed than others. (The Peace Bridge at Fort Erie, for example.) Which POE do you plan on entering?

oh my gosh, thank you all so much for the info, it gave me a more peace at mind

i will be entering via vancouver airport, so the CBP officers are like right there.. i am so tempted to like drive down to the airport and see if i could talk to one of the officers and have them write me a proof that it's ok for me to enter without activating the visa.

as for strong ties.. well, i have been here for about 12 years.. is that strong enough? lol i don't know what's the definition of strong ties.. i still have family here and my dad still have business here, etc.

[SunDrop 59]

oh my gosh, thank you all so much for the info, it gave me a more peace at mind

i will be entering via vancouver airport, so the CBP officers are like right there.. i am so tempted to like drive down to the airport and see if i could talk to one of the officers and have them write me a proof that it's ok for me to enter without activating the visa.

as for strong ties.. well, i have been here for about 12 years.. is that strong enough? lol i don't know what's the definition of strong ties.. i still have family here and my dad still have business here, etc.

It means a job that you haven't quit with confirmation from your employer, a lease on a home with confirmation from your landlord, receipt for your car keys at airport parking, etc.

[baron555 934]

You don't need a visitor's visa to enter the U.S. as a Canadian. It's visa-free.

I was told that I could enter the u.s. without activating it. She even said "for example, if you are going there next week, you just have to tell them that you have a valid fiancee visa, but you are not activating it at this time"

I am just wondering if anyone else is told the same thing when they picked up the visa, or if they have successfully enter the U.S. without activating their fiancee visa

can anyone confirm?

You are correct about the regular Canadian visitation to the US and no visa required. But....you have a special situation here with the K-1 in your passport. If you enter, that will take all precedence over any other regular rules. Think about it. Be careful; you wanted this so why not use it?

[Krikit 1,164]

i will be entering via vancouver airport, so the CBP officers are like right there.. i am so tempted to like drive down to the airport and see if i could talk to one of the officers and have them write me a proof that it's ok for me to enter without activating the visa.

Hmm. YVR is a tad problematic at times. You may want to call them directly and run it by them. Call the airport and ask for US Customs. Alternatively, you could email CBSA and see what you can get in writing. You should be prepared, however, to be denied entry if you choose not to use the visa. (BTW, the visa is already "activated"..... using it cancels it.) Make sure your carrier allows you to reschedule the reservation without forfeiting the ticket. It's too bad you didn't request a delay of issuance of the visa at your interview. You could have just sent them the passport when you were ready to move.

as for strong ties.. well, i have been here for about 12 years.. is that strong enough? lol i don't know what's the definition of strong ties.. i still have family here and my dad still have business here, etc.

Visitation FAQ's

Come and visit us in the Canada Regional Forum. You'll find lots of good information and helpful members there.

[HeatDeath 430]

oh my gosh, thank you all so much for the info, it gave me a more peace at mind

i will be entering via vancouver airport, so the CBP officers are like right there.. i am so tempted to like drive down to the airport and see if i could talk to one of the officers and have them write me a proof that it's ok for me to enter without activating the visa.

as for strong ties.. well, i have been here for about 12 years.. is that strong enough? lol i don't know what's the definition of strong ties.. i still have family here and my dad still have business here, etc.

That is the best idea. When in doubt, deal with the actual office which will be making the decision. I called the Pembina PoE several times to confirm things about crossing the border.

As for "showing strong ties", they really like letters from employers stating exactly when you are expected back to work, rental agreements, mortgage statements, etc. By "strong" they really mean "monetary"

(BTW, the visa is already "activated"..... using it cancels it.)

Yeah, when I PoE'd, they were slightly confused for a couple of seconds about me using the term "activate my visa". It's not a piece of jargon they're familiar with, and we probably ought to be trying to avoid using it, so as not to be encouraging people to use it.

[Sillypie 0]

That is the best idea. When in doubt, deal with the actual office which will be making the decision. I called the Pembina PoE several times to confirm things about crossing the border.

As for "showing strong ties", they really like letters from employers stating exactly when you are expected back to work, rental agreements, mortgage statements, etc. By "strong" they really mean "monetary"

Yeah, when I PoE'd, they were slightly confused for a couple of seconds about me using the term "activate my visa". It's not a piece of jargon they're familiar with, and we probably ought to be trying to avoid using it, so as not to be encouraging people to use it.

thank you all for the help and the wonderful links and information