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Filed: K-1 Visa Country: Canada
Timeline
Posted

I just had my interview in Montreal yesterday and my visa was approved so I am now just waiting for them to send it to me in the mail. We are planning to have a wedding here in Canada before I move to the States, but it won't be for about 8 weeks. Does anyone know if I am able to enter the US with my visa in my passport but not actually go through the immigration process as I only want to visit for a few days to get some things in order? Or once I decide to cross the border, do I have to use my visa and stay there?

Thanks!

Molly

Posted

First, you must get married in the U.S. That's the purpose of the K-1 visa. The K-1 visa is a one-time entry, so if you enter the U.S. with the visa in your passport, that will void the visa. If you leave the U.S. before starting the adjustment of status process, which includes filing for the employment authorization and advanced parole documents, you will have to start all over with the spousal petition process.

Please read up on the process before you proceed with your current plan.

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Either I m missing something or it just does not seem right.

If you have applied for K1 and your K1 was granted and you planning to get married in CA your K1 is invalid and cannot be used.

If you plan to enter US as married you need CR1 and not K1. K1 is for someone who is engaged and is planned to get married in US.

There is noway you can bypass immigration and enter US.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

I assume you mean you're having a "pretty" wedding instead of a legal one in Canada because I'm sure you're aware you can't actually legally marry anywhere else on a K1 except in the US.

Also, while I'm sure you have your heart set on this, some places, depending on the type of "wedding" you ahve in your home country, may determine that you married there and have therefore voided your visa. This has happened before. It might not get caught until AOS, or ROC but all it takes is for USCIS to assume you had a legal wedding prior to entering on the K1 and you're done. I would not go this path if I were you.

As for entering with a visa in your passport and not using it, no, this typically won't work because the immigration system will show that you entered the US after you got the K1 and left without AOSing. It's just not worth the risk. Sorry~!

 
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