US Re-entry

[~Amanda~ 0]

Hello,

I am a Canadian citizen in BC just starting the long process of the K-1 visa to be able to marry my fiance who is an American citizen in the US navy, stationed in California. I have a specific question that I cannot seem to find the answer for anywhere, so I would really appreciate it if someone could help me out:) After my fiance submits the petition, am I allowed to enter into the United States and visit while we are awaiting for approval or am I only allowed to enter into the United States once I receive the fiance visa? I live right on the border so I go into the states weekly and also attend church actually just across the border into Washington. I understand that once I have my visa and enter into the United States I am not allowed re-entry into the USA until my AOS is approved unless I have applied for "parole" ahead of time. Again, I just want to know if I am allowed to go into the states while I am waiting for approval for my visa. Thank you!

[Dave&Roza 748]

Hello,

I am a Canadian citizen in BC just starting the long process of the K-1 visa to be able to marry my fiance who is an American citizen in the US navy, stationed in California. I have a specific question that I cannot seem to find the answer for anywhere, so I would really appreciate it if someone could help me out:) After my fiance submits the petition, am I allowed to enter into the United States and visit while we are awaiting for approval or am I only allowed to enter into the United States once I receive the fiance visa? I live right on the border so I go into the states weekly and also attend church actually just across the border into Washington. I understand that once I have my visa and enter into the United States I am not allowed re-entry into the USA until my AOS is approved unless I have applied for "parole" ahead of time. Again, I just want to know if I am allowed to go into the states while I am waiting for approval for my visa. Thank you!

You can enter into the US after the petition is applied for. You may have a harder time as the K-1 is for the intent of married a USC and living in the US and some CBP people MIGHT see your entry as skipping the K-1 process. You will need to show your ties to Canada and that you are going to return until the K-1 is issued. Most do not have any problems. Some have. It sometimes comes down to the person you run into at the border. The fact you have several trips back and forth should work to your advantage as you must know most of the CBP people that work where you cross. Continue as before, but be prepared for more scrunity.

Enjoy,

Dave

[~Amanda~ 0]

Thank you! That's what I figured would be the case. The last couple times that I have crossed the border to visit my fiance they did give me a bit of a harder time. A few months ago my dad went into the United States Border patrol office right close to here to ask him a couple questions and his best advice was to not give more information than needed. Of course if they ask you if you are visitng a boyfriend you MUST tell the truth and say that you are. It is never a good idea to lie. But you can save yourself a lot of trouble if you say simply visiting friends.

[Moomin 292]

It's legal to visit anytime you'd like during the process. It just makes it harder to prove your lack of ties to the US when your fiance lives there if you get questioned. Sometimes the petition will work in your favor by showing you have chosen the legal way. Other times it's the opposite because it's not approved, and 340 dollars is a cheap price to pay if it meant you'd be let in to the US and able to adjust.

You can try to visit anytime up until you have the K1 visa in the passport. After that, you'll activate it when crossing the boarder and you'll need to get married within the 90 days from POE.

IMO, it's worth trying to visit up until approved. No fun being turned away but at least you'd know for sure. Being denied isn't going to count against you with the K1 visa/petition if you tell the truth of why you're visiting the US. But as the other poster said, maybe take a few documents to show you're planning on returning to Canada when visiting up until the petition is approved.

Edit: I agree, short, precise and honest answers are what they're looking for. Lying won't look good for the petition/interview (material misrepresentation).

Edited March 6, 2012 by moomin

[Inky 1,111]

Absolutely visit when / as much as you want during the process - just bring solid ties to Canada with you. That way you have proof you have to return. Having K-1 papers in the process is actually more proof you have to return to Canada to complete the process and that you are doing things the legal way.

Also if you do get rejected entry and told to go back to Canada - it wont hurt your K-1 process.

[RandyN 10]

Thank you! That's what I figured would be the case. The last couple times that I have crossed the border to visit my fiance they did give me a bit of a harder time. A few months ago my dad went into the United States Border patrol office right close to here to ask him a couple questions and his best advice was to not give more information than needed. Of course if they ask you if you are visitng a boyfriend you MUST tell the truth and say that you are. It is never a good idea to lie. But you can save yourself a lot of trouble if you say simply visiting friends.

They can see that a petition has been filed on your behalf. If you tell them that you are visiting friends, you could be causing yourself major problems. Always tell the truth.

[Kimbear 53]

Always tell the truth , dont lie. As inky said bring any papers you have regarding your K1 being processed such as your initial receipt notice, otherwise called and NOA1 here. Make sure you still bring ties to Canada, proof of job lease etc. as well. Keep the conversation with the cbp short and simple. Don't offer more answers then they ask, and remember its completely up to them to let you in or not. Most of the time its not an issue. Just dont show up with a carful of clothes and belongings or they will think you are moving now rather than later.

[Krikit 1,164]

Yes, absolutely you can visit. Here is a good link on the topic:

Visitation FAQ's

Welcome to VJ!

[Krikit 1,164]

But you can save yourself a lot of trouble if you say simply visiting friends.

If that "friend" is your fiancé then they are going to get upset with you for not stating so. Stick to the truth and don't be evasive. They'll hone right in on that.

[Kathryn41 3,205]

The one bit of additional information you can safely volunteer is when you are returning to Canada. So, when they ask 'Where are you going" you can say, "I am going to visit my boyfriend for the weekend" or variations on that theme. Carry your package with proof of your ties to Canada with you at all times when you cross the border (and update it as new proof of 'ties' come in). Include a copy of your K-1 package in with your proof package. The two times I was sent to Secondary inspection when visiting while waiting for the K-1, the border staff looked through my folder of 'proofs' and once they got to the K-1 application, they closed the folder up, handed everything back to me and let me enter without further consideration.

Welcome to Visa Journey!

Edited March 6, 2012 by Kathryn41

[moemac59 192]

I have a Nexus card and usually cross with that. My other half lives in Western NY and I live in Toronto. I cross every second weekend in Niagra Falls. The customs officer told me to carry my NOA 1 or 2 once it was issued when I cross as well as current documentation that shows ties to Canada (ie. phone bill, current bank statement and hydro bill). I always get a letter from my employer as well stating when I am coming back to work. This usually does the trick and I have never had a issue crossing. As long as you are honest and DO NOT overstay the days that you said that you are going back home. You will also want to keep track of every visit as you will have to submit this information later on in your application process (Package 3).

[hikergirl 277]

Hello,

I am a Canadian citizen in BC just starting the long process of the K-1 visa to be able to marry my fiance who is an American citizen in the US navy, stationed in California. I have a specific question that I cannot seem to find the answer for anywhere, so I would really appreciate it if someone could help me out:) After my fiance submits the petition, am I allowed to enter into the United States and visit while we are awaiting for approval or am I only allowed to enter into the United States once I receive the fiance visa? I live right on the border so I go into the states weekly and also attend church actually just across the border into Washington. I understand that once I have my visa and enter into the United States I am not allowed re-entry into the USA until my AOS is approved unless I have applied for "parole" ahead of time. Again, I just want to know if I am allowed to go into the states while I am waiting for approval for my visa. Thank you!

I just wanted to make sure this was just a typo on your part. You aren't allowed to leave the US until you have AP or you will be considered as having abandoned your AOS.

Best of luck in your journey and enjoy your trips down. Just follow the excellent advice as to what to bring to help you cross the border and all should be good.

[Krikit 1,164]

She said it correctly.

[SF2007 48]

Yes, travel with all the above recommended documents and if you are denied entry, Border Patrol will offer you to withdraw your petition for entry. Unless they think you were misrepresenting yourself. In which case you are in trouble. But, should you be offered to withdraw, it won't hurt your K1 application or your AOS later one. It happened to me and it was barely brought up at both interviews.

[Colleens 40]

Thank you! That's what I figured would be the case. The last couple times that I have crossed the border to visit my fiance they did give me a bit of a harder time. A few months ago my dad went into the United States Border patrol office right close to here to ask him a couple questions and his best advice was to not give more information than needed. Of course if they ask you if you are visitng a boyfriend you MUST tell the truth and say that you are. It is never a good idea to lie. But you can save yourself a lot of trouble if you say simply visiting friends.

I found I never had a problem when they found out my fiance was in the military. I made sure when they asked where I was going I included that I was travelling to Ft _______ to visit!! The one time I forgot to say that the CBP agent asked me to open my trunk. As he walked around to the trunk he saw my "In love with my army combat medic" bumper sticker. He promptly closed my trunk, asked if my fiance was in the army and told me to have a nice visit!