Going back in Canada

[Askafael 1]

Hey guys, after spending some time with Keri in my new home, we need to go back in Canada to get the rest of my belongings. Is it possible for me to travel in Canada and get back into the US before getting married and while having my I-94?

[canadian_wife 1,829]

K-1 is a single entry visa

good luck

[hikergirl 277]

As per canadian_wife, the K-1 is a single use entry visa.

Personally I would wait until you have married and have your EAD/AP card.

Edited December 26, 2012 by hikergirl

[Flames9_RN 358]

Sure you can--Canada will let you back in no problems at all. BUT as the others have stated the USA will NOT, as the k1 is single use. Happened to 1 gal on here a few yrs back! She was then lucky to start the CR-1 process from Canada! One always has choices,lol All the best in 2013

[NY_BX 397]

Hey guys, after spending some time with Keri in my new home, we need to go back in Canada to get the rest of my belongings. Is it possible for me to travel in Canada and get back into the US before getting married and while having my I-94?

No you can't. I mean you can, but then you'll have to reapply.

[Askafael 1]

But the GOV site says this :If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

[Kathryn41 3,205]

But the GOV site says this :If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

That is for someone who has entered the US as a visitor. That doesn't apply for a K-1 visa. You are not a 'visitor' who expects to be leaving the US at the end of your visit. While the K-1 is a non-immigrant visa, it has immigrant intent. The purpose of the K-1 was to allow you a one time entry into the US in order to get married and then to request permission to remain in the US as a permanent resident. If you leave the US after having entered with a K-1 - unless it is for an absolute emergency when you can then throw yourself upon the mercy of the Montreal Consulate who 'may' re-validate (or may not if they do not deem the emergency sufficient) the K-1 Visa back to the same amount of time remaining on the I-94 - you will be denied re-entry and will have to start the immigration process all over again from the beginning.

Once you enter as a K-1, the only way you can safely leave and return to the US is after you have received one of two things - your green card or special travel permission called Advance Parole which you apply for at the same time you apply for your green card. Your boyfriend can go and get your belongings, but you can't. Not yet.

[hikergirl 277]

http://travel.state.gov/visa/immigrants/types/types_2994.html

This is from the Department of State (who are responsible for the issuance of visas) :

After You Receive a K-1 Fiancé(e) Visa

If you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States. As the K-1 visa holder, you must enter the U.S. either before or at the same time as any qualifying children holding K-2 visas.

With your visa, you can apply for a single admission at a U.S. port of entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.

Edited December 27, 2012 by hikergirl

[pocheros 101]

You can leave and enter Canada but you can't re-enter the US. You will need to get married and apply for AOS/AP and receive one of those two before leaving the US. It will take around at least 3 months to get your AP from the time you file, but could take longer. If you leave without a green card or AP you will have to start the process all over again! Worse, if you've been in the US for over 90 days and leave without a green card or AP you could incur a bar from entering the US and get in trouble with customs officers. Don't do it.

Your fiance or spouse may travel back and forth, however.

Edited December 27, 2012 by pocheros

[Hugglebuggles 60]

Not to be mean, but why on earth didn't you look into this before moving? The biggest downfall of the K-1 visa is you are "stuck" in the US and unable to work until you receive your AP and/or EAD. If you leave, you can't get back in unless you want to start over again. I hope your stuff isn't that important, because you won't be able to get it until you get married, apply for AOS and then wait about 3 months. Unless someone can go get it for you.