Travel Restrictions

[kristenm 0]

Im Canadian and my fiance is Americian and we just submitted our I-129F two weeks ago.

My quesiton are: Can I travel to the US to be with my fiance while our application is being reviewed? What are the travel restrictions associated with our I-129F petition or our K-1 Visa application?

I understand that once we get our K-1 Visa, it is only valid for one entry into the US. That said, I have not been able to locate any information about whether or not I am only to enter the US during the apprx. 6 months that it takes to get our K-1 Visa approved.

Please, please, please HELP!

To not be able to see my fiance for 6 months is extremely depressing and seemingly unfair.

[iceyspots 0]

Yes - You can travel to the US while an I-129F case is pending..

However, when you show up to Customs & Border Inspection, you will have to show them that you have proof of ties to Canada.

This may include : A copy of a lease agreement showing that you are going to return to your domicile, proof of purchased a return ticket, a letter from your employer stating that you are expected to return on a certain date.

There are probably more things that can be added to this list, but these in general are the strongest ones.

Hope everything works out fine for you

[kristenm 0]

THANK YOU SO VERY MUCH!

Not to push my luck, but do you know the max. amount of time that I can stay in the US? Can I stay in the US until I recieve notification from my US Embassy?

Again, thank you for your reply. It certainly helps alleviate my worries of not seeing my Fiance for half a year or more!

[Kathryn41 3,205]

Your biggest concern is to prove that you maintain ties to Canada while the K-1 is being processed. While technically Canadians may be allowed to stay in the US for up to 6 months, it is actually up to the border guards to decide how long they will actually allow you to stay. If you are trying to stay for 6 months they will quite legitimately question the ties that you have in Canada, such as how can you afford to be away from work that long, where in Canada are you maintaining residence, ARE you maintaing residence in Canada, etc. The I-129f can take about 6 months or so before you receive a decision or the NOA2, but can also be less or be more. Once you receive the NOA2 the Canadian Consualate takes over, sends you your packet of information that you need to obtain (long form birth certificate, passport, RCMP security check, medical, affidavit of support, letters of intent, etc.) and once you let them know you are ready you have to attend the interview in either Montreal or Vancouver. You really will need to be in Canada to do all of that. and you don't want to leave some of those things to the last minute (ie. birth certificate, passport, etc.). I suspect that if you are planning any single trip of any duration to the US during the processing of the I-129 you will run into problems with the border guards. It is better to plan for shorter trips say of a week or two every 4 to 6 weeks, perhaps even alternating where he comes to visit you one month and you go to visit him the next. That worked for my then fiance and me and even then i was pulled into secondary and questioned when they found out we were waiting for the fiancee visa. I had very strong evidence of my ties to Canada but if I hadn't they would not have let me in. Good luck.

[raymaga 25]

While our I-129F was being processed, I travelled to the U.S. from Canada (I'm Canadian) several times. Most of the visits they didn't hassle me at all, just asked me where I was going (to which I answered, Seattle to visit my boyfriend), how long I was going to be away, etc. On one occasion, though, the officer asked me if we knew about the K-1 Visa process, to which we answered that yes, we were actually in the process of waiting for approval. The officer then asked me what proof of ties to Canada I had with me. I didn't have any with me at that time, and he warned me that I would not be happy if he were to have to send me into Immigration and that from now on, I must make sure I have good proof of ties to Canada so that they were confident I would return after my "visit".

He told me such things as lease/mortgage documents or my most recent pay stubs and utility bills would be good examples.

As for your question about whether you can travel to the U.S. AFTER your K-1 Visa is issued..... most people would say no, but I did travel to the U.S. after my K-1 Visa was in my passport, without the intention of moving at that point. When they saw my K-1 Visa, I simply told them that I was not "activating" it that day and my moving plans were further down the road and that I was just going for a "visit" to see my fiance. My daughter was also able (on her K-2 Visa) to come to the U.S. without activating her Visa. We travelled by car, not plane, through the Blaine and Sumas, B.C. borders.

We were under the impression that you could not enter the U.S. once your K-1 (or K-2) Visa was in your passport, but somehow we were able to. I do NOT recommend that you try this, but I just thought I would offer my experience here.

Good luck to you.

[Eli 0]

We were under the impression that you could not enter the U.S. once your K-1 (or K-2) Visa was in your passport, but somehow we were able to. I do NOT recommend that you try this, but I just thought I would offer my experience here.

Actually, you are allowed to travel to the US with a K-1 visa and choose not to activate it at that time. From the Vancouver Consulate website:

"Once a fiancé(e) visa is issued, it entitles you to make one (1) entry into the US, and it must be used within six months. Temporary visits in the meantime may be permitted but you must make clear to the Department of Homeland Security Inspector at the time of entry that the visit is only for business or pleasure, and that the fiancé(e) visa will be used at a later date. It is strongly recommended that applicants have their passport containing the K visa with them at the time of any such entry. The final decision on entry into the U.S. is made by the DHS inspector at the place of entry."

Cheers!

-Eli-

[Buttons 0]

i travelled back and forth every two weeks for 8 months during the processing never had a problem. You are only allowed to stay 6 months at a time though. I only stayed a weekend so it never mattered to me.

[Flames9_RN 358]

During my CR-1 process I travelled monthly to DC never had a problem. I had ties to Canada such as my apartment lease, bill statements and a leave pass from the military. Was never asked to see any of it though. BUT there have been others that have been denied so do have a plan in case you do get denied entry. Answer their questions honestly, with a short confident response.

[Cassie 8]

I travelled to the US once during the K-1 process, and I am not sure if submitting a K-1 contributed to this, but I was questionned more at US Customs on that trip than any other trips I have been on. I didn't have to whip out my "ties to Canada" documents, but it sure seemed like the Customs officer was digging.

[Reba 2]

if you decide to go and quite your job and get rid of your abode so that you can go south for 6 months to wait it out, you'll more than likely be denied entry.

But, nothing is definite except death and taxes.

[kristenm 0]

You read my mind.

I want to go south for approx. 2 months. I am between work contracts and will be taking the LSAT in Oct. thus I do not have the tie of employment, I would just leave all my worldly belongings in Canada and have a return ticket to prove my return. My most important tie to Canada is this Visa process, thus I will need to get back into the country once the time comes. To be honest, there is absolutely NO way that I would not come back to Canada to finnish this process. Am I dreaming in technical colours (oh yah, I guess I will have to eventually drop the "U" or Americians will think I can't spell!) by thinking they will believe me when I say I am not a flight risk because I really am the last person to go awol?

Thank you in advance, I truly appreciate all your assistance in this matter. I have a very strong feeling I am not yet living in the reality of the K-1 Visa world just yet.