? for Cdns close to the border

[CdnMom 2]

Okay, I know that during this process you can still be refused entry to the US. We live right on the border and my daughter crosses over the bridge a couple times a month to go see her fiance or even just other friends.

When they had sent off the I-129f, we roughly calculated the timeframe at about 10 - 12 months before she had her K-1 in hand. If that works out to be the timeframe, they planned on her not crossing over on the K-1 until mid-October. This is the time she told both places of employment she'd be done, etc... We plan on having showers and a party here, in Canada before she crosses that final time, for family and friends that won't be able to attend the wedding in the US.

My question is: Once the k-1 visa is pasted in her passport, is she able to cross still as a visitor? She wouldn't have the package from the consulate and she wouldn't be bringing anything with her, just maybe clothes for the weekend or what ever. I understand that it would still be at the discretion of the border agent, but has anyone here done this before???

His family was hoping to have a bridal shower for her in Sept. Also, they had hoped to go house-hunting in the summer....... stuff like that. I'm kinda hoping the agents would allow her in, understanding that she wouldn't go through this whole process only then to try and sneak in....... that wouldn't make sense.

Has anyone had any experience with this??

[dukeandduchess 141]

Personally I wouldn't risk it.

[Samantha78 117]

From what I have seen on here regarding travel and K1 visa's is that: the K1 recipient is not allowed to travel until they have received their green card after Adjustment of Status. So, if they got married very quickly and filed for AOS immediately after, there would be about 4-5 month wait before she could travel again.

Maybe someone else on here can elaborate more.

[Krikit 1,165]

I was able to cross without using my visa. I simply explained that I would be using it at a later date and my reasons why. Does she have another WHTI Compliant Document ? She could use that to cross instead of her passport. Another option is to request a delay in the issuance of the visa following her interview. She would need to ask them about that process as she may not wish to wait the additional length of time.

[Liz&Nate 23]

Double Post, whoops

Edited January 31, 2012 by Liz&Nate

[Liz&Nate 23]

The quick answer would be "No", I think. While she can travel to and from Canada at the discretion of the CBP officers during the time the K1 is being processed, once she uses it to cross into the US, the K1's single entry will have been used and she must remain in the country until she acquires Advance Parole documents or a Green Card.

ETA: on Krikit's answer!

[SapphireDreams 71]

It really is at the discretion of the border officer.

I actually asked about this during my interview, because I too had loose ends to tie up and got my visa in March, but hadn't planned to move until June, so I 3 months in between and I used to visit the US every other month or so. The officer who interviewed me said that I could not do it. She didn't even say it was at the discretion of the border officer. I even asked if I could just use my birth certificate by land because it was still allowed back then but she still said no. But, obviously people here have done it, so it can be done. Doesn't seem to be a hard and fast rule on it though.

In your daughter's case since she definitely needs to be able to cross back and forth regularly and not just a couple of times, I would almost think it might be best to just try and schedule the interview in September. That way, she can just keep crossing and not have to worry. Then, once she has her interview, she'll get her visa and then can just cross over to move. She can do this by delaying sending back her packet 3 and then just waiting for a September date to open up online.

When I did the K1, we didn't get to select our interview date, but we could've, I definitely would've scheduled something closer to my move date in June so that I could've kept visiting without having to worry.

[God fearing 13]

Okay, I know that during this process you can still be refused entry to the US. We live right on the border and my daughter crosses over the bridge a couple times a month to go see her fiance or even just other friends.

When they had sent off the I-129f, we roughly calculated the timeframe at about 10 - 12 months before she had her K-1 in hand. If that works out to be the timeframe, they planned on her not crossing over on the K-1 until mid-October. This is the time she told both places of employment she'd be done, etc... We plan on having showers and a party here, in Canada before she crosses that final time, for family and friends that won't be able to attend the wedding in the US.

My question is: Once the k-1 visa is pasted in her passport, is she able to cross still as a visitor? She wouldn't have the package from the consulate and she wouldn't be bringing anything with her, just maybe clothes for the weekend or what ever. I understand that it would still be at the discretion of the border agent, but has anyone here done this before???

His family was hoping to have a bridal shower for her in Sept. Also, they had hoped to go house-hunting in the summer....... stuff like that. I'm kinda hoping the agents would allow her in, understanding that she wouldn't go through this whole process only then to try and sneak in....... that wouldn't make sense.

Has anyone had any experience with this??

Once the k1 is attached to her visa it will contain the date it was approved and the expiry date in which she has to cross. Technically she is crossing as a visitor but on the grounds to marry within 90 days. Once she crosses with THAT visa , it's a one time deal and she MUST bring the closed envelope with her for customs at POE. The only way she could return to Canada after that would be applying for a Travel document when completing her AOS package.

This desire from all of you may ban her from the US for a long period of time. And she would have to wait 1 year to re apply!!! More application money down the drain.

Edited January 31, 2012 by Al & Afiah

[Krikit 1,165]

I actually asked about this during my interview, because I too had loose ends to tie up and got my visa in March, but hadn't planned to move until June, so I 3 months in between and I used to visit the US every other month or so. The officer who interviewed me said that I could not do it. She didn't even say it was at the discretion of the border officer. I even asked if I could just use my birth certificate by land because it was still allowed back then but she still said no. But, obviously people here have done it, so it can be done. Doesn't seem to be a hard and fast rule on it though.

Yeah. The inconsistencies from person to person -- within all the agencies and locations -- can be frustrating. The Officer who interviewed me told me there was no set policy against it but the CBP Officer had the final say.

Edited January 31, 2012 by Krikit

[CdnMom 2]

Thank you for the replies. As I mentioned, she wouldn't be crossing on the K-1 until October...... as planned. We totally understand that once she crosses with the K-1, that she has to remain in the US. She will be applying for the AP at the same time as the OAS.

Krikit, unfortunately no, she doesn't have any of the other ID, just the passport. She is considering getting the enhanced driver's license, though if that will make the difference.

SapphireDreams, that is exactly what I wanted to know!! Thank you! They just received an RFE last week, regarding more documentation showing physical meetings in the last 2 years, so we're working on gathering all of that up. The deadline date to send it back is April 16. They were going to send it back when she went to visit him this weekend, but maybe they should just wait till closer to the deadline. That would delay things as well.

Once again, I'm soooo happy I found this forum. It's just a wealth of information and great people so willing to share. You guys are great!

[SapphireDreams 71]

Yeah, a lot of people in this process are looking to be done with it as quickly as possible, but for you guys, since she has the luxury of visiting often and are planning the move for later in the year, it makes a lot of sense just to delay sending back packet 3 and then also wait a bit to send back the RFE. I wouldn't wait until April, but maybe at least until the end of February/early March for the RFE for some buffer time.

There is no point in rushing through the process if you would ideally like to move in October. Once you get the NOA2 and are at the packet 3 stage, you'll be able to better gauge timing for October.