Entering US while waiting on K-1 Visa?

[CDNme 11]

Hi there... I'm hoping this is a rather simple question. My fiance and I will be applying for (most likely) the K-1 Visa in the next month or so. We are wondering that if after the forms are submitted, if I (current Canadian Citizen living on a border town) will have trouble crossing the border (into the USA to visit) before the end of the process?

Secondly, in case anyone knows... do any of the other Visas (K-3, IR1/CR1) allow travel into and out of the USA while awaiting the decisions?

I hope this makes sense... if any clarification or more specifics are needed on our situation, I can definitely provide it. Thanks in advance =)

[Ryan H 3,812]

Moved from K1 Process & Procedures to Canada regional forum; topic is specific to US/Canada cross border travel during the US immigration process.

[Rob & Monika 87]

Personally, we have never had problems crossing back and forth while we wait, but others here have. If they have a reasonable belief that you won't return home, they may not let you in. You should carry evidence that you are returning to Canada just in case, like return tickets, lease on apartment, proof you have a job when you return.

[benoi027 3]

Hi, congrats on your engagement! This is a long, tough process, but worth it in the end!

I also live in a border town and have been able to cross since filing without problem. There is always the possibility you'll get denied if they think you're intending to immigrate, but in my experience, they don't question you much if you are sticking with your regular patterns. I've been crossing essentially every other weekend for the past four years, and when I do that now, I get very few questions- I seem to get through faster than all the other cars in the line. However, I did fly down one time to surprise my future mother-in-law for her 60th birthday, and I got TONS of questions. Since I hadn't flown down before and it seemed out of my typical pattern, they wanted all kinds of proof that I'd be returning. I had a copy of my current work contract, but that was it... they asked for utility bills, rent/lease/mortgage papers, bank statements, etc. The guy ended up letting me in eventually, but I held up the line for over half an hour.

All in all, I'd say you shouldn't have any problems, but know that there's never a guarantee you'll get across. Be prepared to show proof of ties to Canada just in case!

Good luck!

[canada_socks 97]

I never had a problem crossing. I drove across at the Peace Bridge each time. I always carried my work schedule with me (I got my schedule a month in advance). They never asked to see proof of ties (I guess I was lucky!).

[Flames9_RN 358]

Welcome to VJ. This question gets asked numerous times a week here,lol So best to do a search here on VJ and u will get many hits! Short answer--majority dot have a problem, always have ties to canada with u--and it all comes down to the POE officer. Best of luck

[CDNme 11]

Didn't want to quote everyone - but, THANK YOU, both for the 'grats and the info =)

I do cross into the US 3-4 times a month, not always to travel to see my fiance... sometimes just for shopping. So, I always make sure to have a copy of my mortgage statement and, if I'm flying, I always have a signed letter from my employer stating when I am expected to return to work. So, I hope to have the same luck going forward!

Thanks again... and I'm sure I'll be back with more questions!

[Texas22 50]

Congratulations on the engagement... that is so exciting!

I was extremely worried about travelling to see my fiance in May.. because we are already into the K1 process. Also when I went in November they grilled me, sent me to second security and finally let me in on an I-94.

So I came prepared this time. I had a copy of my NOA1, a copy of my lease, a letter from my children's school, my custody papers to show I have custody of my children, my return itinerary, and a copy of my travel medical insurance to show it expired on the date I was due to fly back. The last thing I wanted was to be turned back at the airport after paying for a return flight... not to mention not being able to see my hunny!

The customs officer asked for none of it. In fact he barely asked me any questions at all. (This was my 5th time flying to Texas in the last year and a half - first time since we started the immigration process).

I guess it all depends on the customs officer. I was hoping for a man this time and got one. (last time it was a woman).

Good luck on your Visa Journey!

[Krikit 1,164]

Since your visit questions have been addressed, I am responding to the visa types.

You will want to take a good long look at the pros and cons of each visa. (K-3 is obsolete, btw. You will compare K-1 to CR-1.) The K-1 is very restrictive, and costs more in the long run. Once you arrive in the US, you won't be able to leave and re-enter without a GC or Advance Parole document. You also won't be able to work without Employment Authorization. In addition to all this, you won't be able to apply for a drivers license, among other things, without going through the Adjustment of Status process. Each State has different rules on what they will and will not accept with regard to legal residency.

If it is important for you to be able to return to Canada after endorsement of your visa (family emergency, important events, etc) then the K-1 is not for you.