HAS ANYONE ENTERED THE US (AS A VISITOR) WITHOUT ACTIVATING THEIR K1 VISA???

[coco jamone 0]

Hi there,

I'm looking for advice, and if anyone has some first-hand experience on the subject that would be awesome!

We were approved for our K1 visa on October 22 (Hooray!) I'm back in Canada now, and my fiance is currently in the US. I'd like to return to the US for a visit in November, but I DO NOT want to "activate" my K1 visa just yet.

(The reason why is because I want to spend Christmas in Canada with my mother, who lives alone.) After Christmas, the plan is that my fiancee will come to Canada to meet me and the two of us will drive back to the US together, at which point I will activate the K1 visa (and our 90 day period to get married will begin, which is fine.)

As I mentioned, I don't want to activate my visa in November, because then I won't be able to leave the US, and I really want to be able to spend Christmas in Canada. Also, I have a number of things I need to tie-up over here before I'm ready to officially move to the States and get married.

But it will be SO HARD to not see my fiancee for 2 months in the meantime! (Him visiting me in Canada isn't an option with his work schedule.) I really want to be able to visit him for a few weeks in November.

One of my friends thinks it shouldn't be a problem, that I could just tell the border officer I don't want to activate the K1 on that particular trip, and theoretically, he/she could admit me on a B2 visitor visa.... But my fiancee is worried that they will force me to activate it at the POE, which is a no go for me because I won't be ready to officially move there in November.

Does anyone have experience with this situation? Any ideas on what I can expect? Any and all advice is super appreciated- thanks!

[nickbits 43]

No direct experience but I recall reading other posts on here about that. Basically the results are mixed and really depend on the border guard you get. Some will let you go through w/o activating it and some won't.

[thelastpetitioner 218]

your visa is " activated " once its issued,hence its only valuable for 6 months,maybe you could try VWP?i hope someone has a better answer

[coco jamone 0]

Thanks for responding you guys! Ygr, what is VWP?

And if there's anyone else with some experience on this subject- please let me know! : )

[CBM 14]

VWP is the visa waiver program, which Canada is not part of. Canada kind of has it's own special arragement with the US, in that we are able to visit the US for up to 6 months (at the discretion of the border guard), without a visa in hand. Someone may come along and prove me wrong, but I really doubt that is an option for you, considering Canada is not a country involved with the VWP.

However, as someone above mentioned, it has been possible for people in the past to allow you entry to the US without "activating" your K-1. It's completely up to border patrol, and they may let you, or they may not.

I'm not 100% sure, but I think if they said you HAD to "activate" your K-1, you could actually turn around and go back to Canada... I don't think they can force you to enter right then and there on the K-1.

Anywho, bottom line, I think the visa waiver is out for you. But you could try just visiting like normal, and explaining you aren't ready to activate yet, but will on your next visit. No harm in trying, right?

Ps - Congrats on your approval!

Edited October 29, 2010 by CBM

[coco jamone 0]

Thank you CBM! And I agree, all they can do is say no... I'm going to try!

[raymaga 25]

I visited the U.S. after I had my K-1 Visa and did not activate it. That was in 2004, so things may be a bit different now. All I said was exactly what your situation is... I wasn't ready to move permanently to the U.S., but wanted to go visit my fiance in the meantime. I had no problems whatsoever, but I think if you try, and they say you can't.... all you have to do is turn around and head back home.

Good luck.

I crossed in B.C. (it was either White Rock or 176th crossing).

[Arabella 4]

I have experience with this. My husband Sean visited me a month after his K1 Visa was issued. When he went through the border, he told the officer that he was not activating the K1 Visa. He visted me for a month (this was last Christmas) and then went home. He officially activated his K1 Visa on February 1, just a few weeks after he returned to Canada after our visit over Christmas.

When we went for the interview in Montreal, we specifically asked if he could visit after being issued the K1 Visa, without activating the K1 Visa. We were told by our interviewer, who was also the head of the US Consulate in Montreal, that this was allowed.

However, if you get stuck with a moron who insists on activating your Visa, you'd better be ready to get married.

Good luck!

[GC2010 7]

Hi there,

I'm looking for advice, and if anyone has some first-hand experience on the subject that would be awesome!

We were approved for our K1 visa on October 22 (Hooray!) I'm back in Canada now, and my fiance is currently in the US. I'd like to return to the US for a visit in November, but I DO NOT want to "activate" my K1 visa just yet.

(The reason why is because I want to spend Christmas in Canada with my mother, who lives alone.) After Christmas, the plan is that my fiancee will come to Canada to meet me and the two of us will drive back to the US together, at which point I will activate the K1 visa (and our 90 day period to get married will begin, which is fine.)

As I mentioned, I don't want to activate my visa in November, because then I won't be able to leave the US, and I really want to be able to spend Christmas in Canada. Also, I have a number of things I need to tie-up over here before I'm ready to officially move to the States and get married.

But it will be SO HARD to not see my fiancee for 2 months in the meantime! (Him visiting me in Canada isn't an option with his work schedule.) I really want to be able to visit him for a few weeks in November.

One of my friends thinks it shouldn't be a problem, that I could just tell the border officer I don't want to activate the K1 on that particular trip, and theoretically, he/she could admit me on a B2 visitor visa.... But my fiancee is worried that they will force me to activate it at the POE, which is a no go for me because I won't be ready to officially move there in November.

Does anyone have experience with this situation? Any ideas on what I can expect? Any and all advice is super appreciated- thanks!

first thing is u cant have 2 travel document at the sametime so if you have a K1 and you want to come to the USA thats the only 1 you can use,

[CBM 14]

first thing is u cant have 2 travel document at the sametime so if you have a K1 and you want to come to the USA thats the only 1 you can use,

It's different for Canadians, who do not require a typical tourist visa to enter the US. It is up to the discretion of CBP.

[nancycakes 1]

Thank you CBM! And I agree, all they can do is say no... I'm going to try!

Did you end up being able to visit? I have several trips planned to the States (I wasn't expecting the process to go by so quickly!) in the next few months and would like to spend Christmas with my family (in Canada). I don't want to activate my Visa until early next year. I'm in the process of booking my interview and medical right now - if I can't visit the States without activating my Visa, I'm going to have to book my interview for later.

[Mk/Mk 0]

how did your experience go? Were any of you able to go visit without activating it? I emailed CBP and they said I could, but wondered how your experiences went if you ended up visiting?

[Elizabeth+Fred 35]

Hi there,

I'm looking for advice, and if anyone has some first-hand experience on the subject that would be awesome!

We were approved for our K1 visa on October 22 (Hooray!) I'm back in Canada now, and my fiance is currently in the US. I'd like to return to the US for a visit in November, but I DO NOT want to "activate" my K1 visa just yet.

(The reason why is because I want to spend Christmas in Canada with my mother, who lives alone.) After Christmas, the plan is that my fiancee will come to Canada to meet me and the two of us will drive back to the US together, at which point I will activate the K1 visa (and our 90 day period to get married will begin, which is fine.)

As I mentioned, I don't want to activate my visa in November, because then I won't be able to leave the US, and I really want to be able to spend Christmas in Canada. Also, I have a number of things I need to tie-up over here before I'm ready to officially move to the States and get married.

But it will be SO HARD to not see my fiancee for 2 months in the meantime! (Him visiting me in Canada isn't an option with his work schedule.) I really want to be able to visit him for a few weeks in November.

One of my friends thinks it shouldn't be a problem, that I could just tell the border officer I don't want to activate the K1 on that particular trip, and theoretically, he/she could admit me on a B2 visitor visa.... But my fiancee is worried that they will force me to activate it at the POE, which is a no go for me because I won't be ready to officially move there in November.

Does anyone have experience with this situation? Any ideas on what I can expect? Any and all advice is super appreciated- thanks!

Your K-1 visa will cancel any previously issued visas (if present), and it WILL be the one "used" the next

time you enter the U.S. So, if you decide to visit the U.S. in November, the K-1 visa *WILL* be used, or,

as you call it, "activated". You cannot "keep" it for a while, and use a tourist visa for just a visit, that is just

not how it works.

So, congrats on getting the K-1 approved, but do not "visit" the U.S. until you are ready to stay there to get

married...

--fred

[Mk/Mk 0]

It's different for Canadians I have read

[TBoneTX 45,266]

Good advice has been given in this thread from 2010, which is now closed to further comment. Further information on this topic can probably be found in the Canada regional forum and the "Yes, You Can Visit" thread.

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