K1 Car Importation Regulations

[VeeNDee 44]

Hey folks, I was wondering if someone has information or could link me to the regulation where it specifies that someone with a K1 visa is allowed to import their car from Canada. I have the compliance letter, etc etc. I actually got my WA driver's license today without EAD/AP. I had called about importing my car in the past and was told that I would need a greencard to do that. And when I said "I am pretty sure that's not true" the guy put me on hold and then said "ok, you don't need a greencard but you do need EAD" - which I am pretty sure is totally untrue!! Many of you have imported your cars with a K1 visa before you had EAD/AP or even applied for AOS.

So long story short, what can I quote this officer or link to him that proves I am allowed to import my car? I'm hoping one of you has some tips

[ricnally 258]

Before you do, make sure you know the cost of importing your car. It's pretty expensive, I think.

[VeeNDee 44]

As far as I know with a K1 visa we can import 1 car without duty or fees.

[ricnally 258]

'k so you know all about the RI and the possibility of having to make your car US compliant, and all that, then, I guess.

[GandD 5,966]

Before you do, make sure you know the cost of importing your car. It's pretty expensive, I think.

Incorrect. Its duty free on a K-1

As far as I know with a K1 visa we can import 1 car without duty or fees.

Yep.

Edit to remove my "letter of compliance suggestion" due to lack of comprehensive reading skills.

Edited March 15, 2013 by GandD

[VeeNDee 44]

Thanks GandD I thought it was duty-free. The officer did tell me with a K1 it was duty free but said I had to wait for EAD. He just seemed confused all around.

Edited March 15, 2013 by VeeNDee

[GandD 5,966]

Thanks GandD I thought it was duty-free. The officer did tell me with a K1 it was duty free but said I had to wait for EAD. He just seemed confused all around.

It might not be a bad idea to post a thread in the Canada forum talking about your experience obtaining the letter of compliance from Toyota. This is not discussed in too much detail which is a shame since it appears to be such an issue for some.

[GandD 5,966]

Thanks GandD I thought it was duty-free. The officer did tell me with a K1 it was duty free but said I had to wait for EAD. He just seemed confused all around.

Oh and to answer you original question, I found this mentioning the form used to import:

http://www.visajourney.com/faq/k1k2visa-enter.html#5.6

"5.6)... We were wondering if anybody could tell us where to enter the U.S. from Canada to get the proper work authorization stamp for her visa. We want to bring her car over.

A..She can bring her car across the border as long as she can provide proof that it meets US emissions and safety standards for its model year. Contact the company's head office in Canada for a letter to that effect. Every border post will give your fiancee the I-94 form to complete and they will attach part of it to her passport. They might also be able to furnish her with her Employment Authorization card, although I'm not 100% sure. They should certainly provide her with the I-765 form to complete which is the application for employment authorization.

(FAQ Note: see the link in the references section for info on bringing a car from Canada) "

[VeeNDee 44]

Yeah a lot of people had endless frustrations with Toyota and ended up having to pay importers for no reason due to the lack of a compliance letter. Toyota finally smartened up after receiving complaints and re-issued them starting January. I posted a little about my experiences getting one in this thread:

http://www.visajourney.com/forums/topic/410846-toyota-compliance-letters/page__p__5952620__fromsearch__1#entry5952620

[Rob & Monika 87]

Normally people import their cars when processing their K-1 at the border. Did you skip this part because you didn't have a compliance letter yet?

[VeeNDee 44]

Normally people import their cars when processing their K-1 at the border. Did you skip this part because you didn't have a compliance letter yet?

Yeah I POEd in December and they didn't start issuing compliance letters until January. Thanks Toyota for making my life super complicated.

[Kathryn41 3,205]

I suspect that you were requested to get the EAD since you have no other valid, dated proof of your legal status in the US. While the I-94 was still valid you could probably have used that to import the car, but it's 90 days expired earlier this month. Since the NOA1 for the AOS has no 'date' on it, it is generally not accepted as a valid form of immigration status proof. When the EAD arrives, it will have a date on it that can then be used to show you currently do have valid status until that date. As I said, I am not sure if that is the reason why the border guards said you needed the green card or the EAD to import your car at this time, but it is the reason why many K-1 arrivals can't get a DL between the time the I-94 expires and the EAD/green card arrives - or can only get the DL valid for the length of time on the I-94, if the local Dept of Driver Services issues one for that short of a period of time.

[VeeNDee 44]

What you say has some truth to it Kathryn. The problem is I originally made the call in late January about car importation and at that point I still had a valid i-94. I did manage to get a Washington DL without EAD this past week so I am thinking I probably could have gotten my car imported too. I spent last Friday trying to call the Seattle office and just got a busy signal so I will try again this week. My brother made me worried about the 30 day requirement it states to change your info over but that is kind of hard for out of country people to do. He was saying my current insurance (Z territory category through Canada) may not want to cover me if I have a WA license now instead of a BC one while driving a BC car. I think he is just over analyzing things but wish I could've just dealt with that earlier. I was also worried that if I waited too long to import a car I'd suddenly have to pay duty but I'm pretty sure that I have a year right?

[Krikit 1,164]

What you say has some truth to it Kathryn. The problem is I originally made the call in late January about car importation and at that point I still had a valid i-94. I did manage to get a Washington DL without EAD this past week so I am thinking I probably could have gotten my car imported too. I spent last Friday trying to call the Seattle office and just got a busy signal so I will try again this week. My brother made me worried about the 30 day requirement it states to change your info over but that is kind of hard for out of country people to do. He was saying my current insurance (Z territory category through Canada) may not want to cover me if I have a WA license now instead of a BC one while driving a BC car. I think he is just over analyzing things but wish I could've just dealt with that earlier. I was also worried that if I waited too long to import a car I'd suddenly have to pay duty but I'm pretty sure that I have a year right?

My Canadian insurance company would only cover me for 4 weeks after I emmigrated. GEICO insured my vehicle with the Canadian plates and ownership, as well as my Canadian DL, and just told me to give them a call when the car had been registered and I'd received my new license.

Are you close to a POE where you could just drop in with your paperwork and vehicle?

[VeeNDee 44]

I am closest to the Seattle Port of Service but for the last week and this week when I've tried calling with followup information and whatnot, the phone rings once and then goes to a busy signal. No one answers and I can't leave a message. I called the general number and they just transferred me to the other one again. So frustrating. I don't know exactly where to go and it's all super downtown and overwhelming. I'm also uncomfortable going to the border (about 2 hours away) for fear of being stuck in a one way line to the border since I can't leave before AP. I've crossed many times and still don't know how to get to the office and return without crossing the border. So going to wait on AP for that. I am debating just driving downtown and showing up and hoping for the best with the car import but ughhhh. It's still a good 40 min drive away and I hate downtown driving especially since I don't know where anything is and my GPS refuses to function properly down here.

Now I am paranoid the insurance they told me would cover me doesn't actually cover me anymore! I was told it does but who really knows anything anymore?!?!? It's going to make me paranoid to drive my car at all at this point.