After my interview... Can I travel to the US using a B2 Visa???

[coco jamone 0]

Hi everyone,

I'm hoping to get some help / info / opinions regarding my situation, any and all advice is MUCH appreciated!

I'm planning to visit my fiance in the US next week. Last month, on a previous trip to the US, I was admitted on a B2 visitor visa that expires October 31st (The little white card is still in my passport). I returned to Canada to take care of some business, and plan to return to the US on October 9th - October 30th (just before the B2 expires.) We figured we might as well stay together as long as I have permission to be in the US.

But here's the catch...

My K1 visa interview appointment is scheduled at the Montreal consulate for October 22.

Here's what my fiance and I are hoping to do- let us know if you think we actually can...

I will be in New York (as I said, I fly in October 9th) -- We will drive together from New York to Montreal on Thursday the 21st, the day before my interview. -- Friday is THE INTERVIEW. -- Saturday, we enjoy Montreal! ;-) -- Sunday, we drive back to New York, where I will stay until flying back to Toronto (where I live) on October 30th.

But from what I can tell, at the visa interview they keep your passport- (so if you're approved, they can attach the visa to it and then they DHL them to your preferred location...) So without my passport (and B2 visa saying I can stay til the 31st) will I have problems getting back into the US on Sunday???

I'm thinking yes!! Any ideas guys??

On the interview letter it says the following: "(After the Interview...) If you currently reside in the US on a non-immigrant visa, you may be able to pick up your passport with visa and visa packet in the afternoon of the next business day after your interview. Unless you need your passport for travel, you may return to your address in Canada on the day of your interview."

So, does that mean if we stay in Montreal until Monday, that I can pick up my passport, etc. Monday aft? I don't intend to activate my K-1 visa immediately (I wanted to wait until January 2011) so if I want to return to New York, as planned, with my fiancee, just as a visitor until October 30th... do you think I will be able to? Or is this a bad idea?

Please help!

[Gary and Alla 3,694]

Hi everyone,

I'm hoping to get some help / info / opinions regarding my situation, any and all advice is MUCH appreciated!

I'm planning to visit my fiance in the US next week. Last month, on a previous trip to the US, I was admitted on a B2 visitor visa that expires October 31st (The little white card is still in my passport). I returned to Canada to take care of some business, and plan to return to the US on October 9th - October 30th (just before the B2 expires.) We figured we might as well stay together as long as I have permission to be in the US.

But here's the catch...

My K1 visa interview appointment is scheduled at the Montreal consulate for October 22.

Here's what my fiance and I are hoping to do- let us know if you think we actually can...

I will be in New York (as I said, I fly in October 9th) -- We will drive together from New York to Montreal on Thursday the 21st, the day before my interview. -- Friday is THE INTERVIEW. -- Saturday, we enjoy Montreal! ;-) -- Sunday, we drive back to New York, where I will stay until flying back to Toronto (where I live) on October 30th.

But from what I can tell, at the visa interview they keep your passport- (so if you're approved, they can attach the visa to it and then they DHL them to your preferred location...) So without my passport (and B2 visa saying I can stay til the 31st) will I have problems getting back into the US on Sunday???

I'm thinking yes!! Any ideas guys??

On the interview letter it says the following: "(After the Interview...) If you currently reside in the US on a non-immigrant visa, you may be able to pick up your passport with visa and visa packet in the afternoon of the next business day after your interview. Unless you need your passport for travel, you may return to your address in Canada on the day of your interview."

So, does that mean if we stay in Montreal until Monday, that I can pick up my passport, etc. Monday aft? I don't intend to activate my K-1 visa immediately (I wanted to wait until January 2011) so if I want to return to New York, as planned, with my fiancee, just as a visitor until October 30th... do you think I will be able to? Or is this a bad idea?

Please help!

Generally NO. Once the K-1 is in your passport it is a one time visa and they are going to cancel it upon entry. You CAN ask the consulate to delay the issue of the visa. Go to the interview, get approved and arrange to bring your passport back later to have the visa added. In the meantime, travel as normal.

The K-1 is not a good visa for someone who needs to travel and cannot wait for several months until you get married and file AOS.

[coco jamone 0]

Thank you so much for your quick response! Very helpful! But I guess if I were to delay the issue of the visa, it would mean a second trip to Montreal, which isn't really ideal (I live in Toronto.)

Once I enter the US on the K1 visa, I know we have to marry within 90 days... But once we are married- how long will I have to wait before I can return to Canada for a visit? I really don't like the idea of not being able to visit my family should I need to... it feels strange not being "allowed" to leave the US...

[JoannaV 174]

In the UK if you need your passport after the interview you can then mail it to the Embassy when you have finished travelling. I don't know if you can do this in Canada.

[baron555 934]

Thank you so much for your quick response! Very helpful! But I guess if I were to delay the issue of the visa, it would mean a second trip to Montreal, which isn't really ideal (I live in Toronto.)

Once I enter the US on the K1 visa, I know we have to marry within 90 days... But once we are married- how long will I have to wait before I can return to Canada for a visit? I really don't like the idea of not being able to visit my family should I need to... it feels strange not being "allowed" to leave the US...

You can return to visit your family at any time....but you won't be able to re-enter into the US until you have the AP or GC, all part of the AOS process. Plan to spend about two months (assuming you get married quick and file AOS quick).

Others can check my words but I do not believe any other visa types will be available to you since you are in the process of adjusting to become a permanent resident.

[Krikit 1,164]

You say you were issued a B2 visa when entering the US..... does this mean that you are not a Canadian citizen or did CBP (Customs & Border Protection) just not trust you?

There is no set policy which states that your K-1 visa, once it has been issued, must be endorsed (used) at the POE, but it is completely up to the CBP Officer at the time whether they allow you to do that or not. (Myself and a number of other Canadians were allowed to do so.) If you leave your passport at the Consulate to have the visa issued following the interview, count on up to two weeks to receive it back. (If you don't go into administrative processing, that is.) If you request a delay of issuance of the visa then you will send it to them via the post or a courier when you are ready.... they won't let you back in the Consulate to drop it off. Count on another delay for them to get around to processing it, though, as Montreal is understaffed and extremely busy.

If you are a Canadian citizen and were given an I-94 (the white piece of paper in your passport) then it means that CBP is taking precautions with you. If that's the case, I wouldn't bother to attempt to enter the US on a B-2 with the K-1 visa in my passport.

Here are the Identification Requirements for crossing the border. You may still be asked for your passport, so make sure you have a backup plan if you do try to cross with or without the passport.

If you're going by the statement in which you quoted:

"On the interview letter it says the following: "(After the Interview...) If you currently reside in the US on a non-immigrant visa, you may be able to pick up your passport with visa and visa packet in the afternoon of the next business day after your interview. Unless you need your passport for travel, you may return to your address in Canada on the day of your interview."

.... then the answer is no, this does not apply to you as you do not live in the US.... you are a visitor to the US. You can certainly explain your situation to the interviewing officer and see if they will put a rush order in on the visa, but those days are pretty much gone, so I wouldn't count on it.

To summarize..... No, don't count on visiting the US again while you await your passport (assuming you get approval at the Consulate). Especially since you were given an I-94 at your last entry. Don't forget to visit the Canada Regional Forum. You'll find many people there with lots of Canadian-American travel expertise.

Edited October 4, 2010 by Krikit

[Krikit 1,164]

I will be in New York (as I said, I fly in October 9th) -- We will drive together from New York to Montreal on Thursday the 21st, the day before my interview. -- Friday is THE INTERVIEW. -- Saturday, we enjoy Montreal! ;-) -- Sunday, we drive back to New York, where I will stay until flying back to Toronto (where I live) on October 30th.

I just noted this part. So, unless you have a NEXUS card (which it doesn't appear you do), you won't be able to fly back to Canada without a passport. So that negates entry into the US using some other form of identification.

[coco jamone 0]

thanks so much to everyone who's responded so far- what a help.

krikit- great advice and i agree. as much as i'd like to go back with him after the interview, i think it's better if i just go home, and wait for my visa to arrive, i don't want to delay or complicate things further.

yes, the CBP is taking precautions with me. i was denied entry to the US once in december 2009 and they've been watching me ever since. i have been successfully admitted as a visitor twice since then.

i will definitely check the Canada Regional Forum- thanks for the tip! : )

Edited October 4, 2010 by coco jamone