Visiting US after K-1 issued but without using the K-1

[qwerty99 0]

Hello Everyone,

I'd appreciate some advice on what I think might be a special situation. My fiancee (from Canada) and I have our interview scheduled for the Vancouver consulate in mid-October, at which time I hope the K-1 visa for her is issued. That's all fine and good. However, well before we knew when this interview would be, we had planned a 2 vacation together in the US, starting in late October.

My question is this - can my fiancee still come into the US without using the K-1 visa we will have just received? The K-1 should be valid for entry for ~6 months, and our wedding isn't planned until February 2011, so we actually can't use the visa in late October (we plan to exercise the K-1 Visa in December). However, it would be a real shame if we had to cancel our long awaited vacation.

Should I just advise my fiancee to bring proof that she will be returning to Canada? Return ticket, phone bill, letter from employer, etc? Will that be adequate? Should she also state at Immigration that she is not intending to use the K-1 Visa yet?

Thanks so much for your thoughts!

Shion

[BokkieandGuapo 4]

Hello There,

We were in a similiar situation and the rules are very cloudy as to what would happen but the general consensus is that the last visa issued is the one that is used at POE. Being in Canada it might be easier to speak to the proposed POE CBP officers who will process your SO and ask if it is possible to only use the K-1 in December. They will not deny entry but whether they choose not to endorse the K-1 is up to CBP.

Good Luck

Shelby

Hello Everyone,

I'd appreciate some advice on what I think might be a special situation. My fiancee (from Canada) and I have our interview scheduled for the Vancouver consulate in mid-October, at which time I hope the K-1 visa for her is issued. That's all fine and good. However, well before we knew when this interview would be, we had planned a 2 vacation together in the US, starting in late October.

My question is this - can my fiancee still come into the US without using the K-1 visa we will have just received? The K-1 should be valid for entry for ~6 months, and our wedding isn't planned until February 2011, so we actually can't use the visa in late October (we plan to exercise the K-1 Visa in December). However, it would be a real shame if we had to cancel our long awaited vacation.

Should I just advise my fiancee to bring proof that she will be returning to Canada? Return ticket, phone bill, letter from employer, etc? Will that be adequate? Should she also state at Immigration that she is not intending to use the K-1 Visa yet?

Thanks so much for your thoughts!

Shion

[NigeriaorBust 4,087]

The danger is that the swiping of a passport would activate the K1 attached. You have been lucky to visit frequently during the process , something many don't have the ability to do at all, yes it is hard but you will soon be together for life. It would be worse to find it unintentionally activated and your wedding plans out the window.

[tallfrond 2]

This could affect us as well. I would like a more definitive answer. My fiancee is a Canadian resident, does the K-1 get electronically linked to her Canadian passport somehow? From everything else I've read, you need to bring your packet and have the visa itself stapled into your passport or whatever, and go through a bit of a process - activating the visa doesn't sound like the kind of thing you can do by accident.

[NigeriaorBust 4,087]

Your visa is permanently pasted onto a blank passport page. SO once you get it you can't separate the two. It is good for one entry to the US. Some Canadians have come and gone without activating it. Others have had to turn back at the border. Others have just gone ahead and activated it ( I guess they had the born envelope with them) I don't think there is anyway you can show up at the border and be sure that you can get through. Even worse if you enter from somewhere else you may not have the option of turning back ( say coming back from Europe) Assuming you have a visa the safest thing to do would be to enter no earlier than wedding -89 days.

[VanessaTony 3,567]

Honestly I wouldn't risk it. The risks and consequences are too great in my opinion. You can try if you like, ask at CBP and see what they say. I would honestly think it would activate it, or USCIS would wonder why you entered the US after the K1 was issued.. i wouldn't want to risk "killing" it.

[canadian_wife 1,822]

There have been some Canadians who have traveled to the US without using their issued K-1 visa. There are, however, some who have tried to enter without using their K-1 visa and have either been turned away for forced to enter with their K-1. There is no definite answer as it is up to the sole discretion of the CBP at the time of crossing.

Sorry, you can try but no guarentee

Good luck

[Krikit 1,164]

I am one of those people who entered the US with a K-1 visa in my passport but wasn't required to use it. I explained to the officer that I would be using it at a later date due to work and other commitments. There is no set policy that a visa must be used once it has been issued, but the CBP Officer has the final say..... and not all of them are understanding or have a thorough knowledge of US Immigration.

The way to ensure that this specific issue is not encountered at the POE is to have your fiancee request a delay of issuance of the visa when she is at her interview. Once you have returned from your trip she will be able to send it to the Consulate and have it issued at that time.

[Krikit 1,164]

The danger is that the swiping of a passport would activate the K1 attached. You have been lucky to visit frequently during the process , something many don't have the ability to do at all, yes it is hard but you will soon be together for life. It would be worse to find it unintentionally activated and your wedding plans out the window.

Swiping a passport does not "activate" a visa.... it merely logs your appearance at the POE and displays your basic data. They do not actuall see the visa unless they flip through the pages. The visa was "activated" (became valid) as soon as it was issued. The CBP Officer must go through the steps to endorse it at the POE. That same CBP Officer also has the ability to cancel a valid visa.