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MichaelANDVelvet

Returning to Canada after entering the US on K1 visa

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Filed: Country: Canada
Timeline

My boyfriend and I just became engaged on his recent visit to see me for Valentines day. After speaking together about the technicalities of all the paperwork and wait times for our K1 visa, I became concerned about being able to re-enter Canada from the US. My only issue with this is being able to visit my family and friends at some point down the road. So, in short, would anyone happen to know how long I must wait to re-enter Canada AFTER entering the US on a K1 visa?

Velvet

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Filed: Citizen (apr) Country: Thailand
Timeline
how long I must wait to re-enter Canada AFTER entering the US on a K1 visa?

Velvet

However long it takes you to get married, file for AOS, and receive your AP. APs normally take between 30 and 60 days after you file, but you'll want to confirm that by checking similar timelines.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

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Filed: Citizen (apr) Country: Canada
Timeline

Generally, a K-1 visa is good for a one time entry to the US in order to get married within 90 days. If you leave the US you won't be allowed back in unless you have one of two possible documents - a travel document known as an "Advance Parole" or your green card. If you leave before you get married, you cannot use the K-1 again although if there is an emergency that requires you back home before you have got married, you can always request the Consulate to re-validate the same K-1. They may or they may not but if they do, it would only be for the remainder of the same 90 day period of time that started when you used it.

The process is that you enter using the K-1 visa. You have 90 days in which to get married. You get married. Once you are married you apply for permission to remain in the US (called Adjustment of Status - AOS- from a non-immigrant fiancee to a permanent resident green card holder). At the same time as the AOS you also file a form to request permission to travel and return to the US called an Advance Parole. You can also request permission to work at the same time. When the AOS is approved you will receive your green card - you will be a permanent resident in the US and can work and travel freely. This can take anywhere from several months up to 2 years (not common). The Advance Parole gets approved much faster - usually within 2 to 3 months of filing for the AOS, so you are looking at a minimum of 2 to 3 months up to a maximum of 6 months ( if you don't get married right away) of not being able to return to Canada safely. If, while you are waiting for the AP to be approved and you have a family emergency back home, you can request and receive an emergency AP fairly quickly but you need to provide proof of the emergency.

I hope that helps:-). Stop in and visit in the Canada Regional Forum as well - you will find others who are going through the exact same process you are considering.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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