Interesting bit of info at POE

[cananner 2]

My POE was by car, from Montreal, with my family. Our plan was to drive to New York where we have family, and then I would fly from New York to my final destination a week and a half later. My stuff was in 2 luggage bags that would accompany me on the plane, and in boxes that I would ship from NY.

The border officer at the window asked us where we going and for how long, and since I told him I was immigrating, he sent us straight into the main building to have my stuff processed. No questions about the stuff in the back of the car or anything. The officer in charge of taking my sealed envelope and passport asked me where I was going to live, and whether we were driving the whole way. I told him I would be flying. After he put the I-94 in my passport, he said "You should have no problem renewing this in Montreal when you fly." I told him no, I'm flying out of NY, to which he was like "Oh okay, I thought you came here just to do this."

Long story short: he thought I'd driven to the border just to get the POE part over, and would be heading back to Montreal to take the plane. Maybe this is something many people know already, but I was under the impression that once you crossed the border, you really could NOT go back. So I guess it really is a case-by-case thing (like, if he'd thought I was flying out of Montreal a few days later, maybe it would have been a no-no, whereas he was under the impression I was doing it all that day, so it was okay?)

Anyway, just thought it was an interesting thing to note!

Edited December 27, 2011 by cananner

[Inky 1,111]

No its not a case by case thing at all. The CBP was wrong. On a K-1 it is a one time entry. CBP are not always correct in what they say and they are by no means experts at all on any of the immigration process. Mine had to use a manual and have 4 other people to help him process the K-1. Not to mention the fact he didn't take finger prints or my photo at the border.

[HeatDeath 430]

+1 above. The officer was confused. Once you're in on a K-1, you're IN - no reentering, whatsoever, without an AP document/card or a GC.

Inky: Heh. My CBP officer at PoE (Emerson, MB / Pembina, ND, July 2009) was able to do mine on his own, but needed 90 minutes (!) thumbing through reference binders to make it happen. Also needed assistance to make the computer print a single entry I-94 instead of the multiple-entry one he got the first try.

I don't think I had my fingerprints/photo taken - though I can't recall for sure. It may not have been standard procedure in 2009 - we didn't see the fingerprint/photo machines get added to airport CBP booths until a little later.

[cananner 2]

No its not a case by case thing at all. The CBP was wrong. On a K-1 it is a one time entry. CBP are not always correct in what they say and they are by no means experts at all on any of the immigration process. Mine had to use a manual and have 4 other people to help him process the K-1. Not to mention the fact he didn't take finger prints or my photo at the border.

Oh crazy! I guess he was confident but partly uninformed? He didn't seem to need any help with the stuff and he did my prints and photo. Oh well, good thing I had everything planned...

Edited December 27, 2011 by cananner

[GnBnL 50]

I would like to add however, that if you inform the CBP officer that you are just visiting and not "activating" your K-1, it is possible to cross and go back to Canada as long as you have proof of ties.

[Darnell 8,479]

perhaps the CBP officer was confused a bit, with concept of 'coming over on which visa?'

there's been some reports of questions like 'you want to validate your K-1 visa now, or when you cross over again next week?' coming up.

I dunno, I think is some special Canadien thing in the water, that makes the CBP fellas super stupid.

Or maybe the hiring standards are lowered again, each quarter?

[cananner 2]

perhaps the CBP officer was confused a bit, with concept of 'coming over on which visa?'

there's been some reports of questions like 'you want to validate your K-1 visa now, or when you cross over again next week?' coming up.

I dunno, I think is some special Canadien thing in the water, that makes the CBP fellas super stupid.

Or maybe the hiring standards are lowered again, each quarter?

What do you mean, "coming over on which visa"? He saw that it was a K1.

I think the Canadian water is free of stupid-inducing things, and I wouldn't call the border officers stupid as a whole. For sure it's frustrating when they're misinformed, but not all of them do K1 visas often. I had all my affairs in order, as anyone doing their POE should, so what my CBP said didn't change or ruin my plans.

[VanessaTony 3,567]

I would like to add however, that if you inform the CBP officer that you are just visiting and not "activating" your K-1, it is possible to cross and go back to Canada as long as you have proof of ties.

I would like to clarify here. Once you have the K1, the next time you enter the US it's likely they will activate your K1, whether you want them to or not. It is safer to not enter the US after you have the K1 issued unless you are actually entering on the K1. I can't recall the thread exactly but I think I remember reading a thread where someone did enter the US and thought it was just on the VWP but the K1 was activated. I even think they re-entered on the K1 and married and did all the regular K1 stuff but after trying to AOS from the k1 they were told they had entered the US after the K1 was issued and then left so they had invalidated the K1 (which is a one time only visa). I-130 would then be required and of course the AOS fee all over again.

[skr 0]

perhaps the CBP officer was confused a bit, with concept of 'coming over on which visa?'

there's been some reports of questions like 'you want to validate your K-1 visa now, or when you cross over again next week?' coming up.

I dunno, I think is some special Canadien thing in the water, that makes the CBP fellas super stupid.

Or maybe the hiring standards are lowered again, each quarter?

Sorry, but it has nothing to do with the special Canadian thing in the water, as you POE at the American border. I was in and out in less than 30 minutes when I did my POE. The guy was very friendly and extremely efficient. Regardless of which visa you're entering on, the key is knowing what documentation you need and having everything organized.

[Kathryn41 3,205]

It sounds like the border guard was confusing the requirements for the K-1 visa with the CR-1 visa which can be 'activated' and then used again to re-enter the US. There would be no I-94 issued with the CR-1 but for whatever reason, the border guard was mixed up. It's a good thing you knew what you were doing. I'm glad the entry went well and you had no trouble with your belongings. I know that was concerning you earlier, so good to know it was not a problem.

[cananner 2]

It sounds like the border guard was confusing the requirements for the K-1 visa with the CR-1 visa which can be 'activated' and then used again to re-enter the US. There would be no I-94 issued with the CR-1 but for whatever reason, the border guard was mixed up. It's a good thing you knew what you were doing. I'm glad the entry went well and you had no trouble with your belongings. I know that was concerning you earlier, so good to know it was not a problem.

That sounds like a good explanation. And yeah, I'm happy everything went smoothly with my boxes. Thanks for remembering, that's so nice!

[Krikit 1,165]

I would like to clarify here. Once you have the K1, the next time you enter the US it's likely they will activate your K1, whether you want them to or not. It is safer to not enter the US after you have the K1 issued unless you are actually entering on the K1. I can't recall the thread exactly but I think I remember reading a thread where someone did enter the US and thought it was just on the VWP but the K1 was activated. I even think they re-entered on the K1 and married and did all the regular K1 stuff but after trying to AOS from the k1 they were told they had entered the US after the K1 was issued and then left so they had invalidated the K1 (which is a one time only visa). I-130 would then be required and of course the AOS fee all over again.

Quite a few Canadians have entered as a visitor without having to use the K-1. And since Canadians are not part of the VWP, I cannot imagine a scenario where the visa holder would not know the visa has been endorsed as it would include a visit to Secondary..... which Canadians do not go through under normal circumstances.

[Darnell 8,479]

ya, Krikit - hence my earlier posit -

some K-1 visa holders have been asked , "Do you want to use your K-1 visa today?" when they could just as easily transit across without it.