After You get your VISA

[mhymers 0]

This might sound crazy, but this thought hadn't occured to me at all. We are getting married on the US side of the border, right near my home in BC.

After I get my VISA in my passport, does that mean that I can no longer cross the border to take care of wedding plans? I was hoping to still cross back and forth, and then use the K1 visa the day before the wedding, and stay in the US after that.

YIKES. Has anyone tried to cross the border with just your birth certificate? If you don't give them your passport will they let you in to the US still?

[zyggy 9]

This might sound crazy, but this thought hadn't occured to me at all. We are getting married on the US side of the border, right near my home in BC.

After I get my VISA in my passport, does that mean that I can no longer cross the border to take care of wedding plans? I was hoping to still cross back and forth, and then use the K1 visa the day before the wedding, and stay in the US after that.

YIKES. Has anyone tried to cross the border with just your birth certificate? If you don't give them your passport will they let you in to the US still?

No.. if you have the visa.. then you must use it on your next visit. Once the visa is activated, you have 90 dys to get married and cannot leave the US until you receive Advanced Parole which you can only apply for AFTER you are married.

So sorry... once you cross... you cannot go back for as long as about 4 months or so. Afraid that in order to take care of your wedding plans, you have to enter the US some time before the wedding, or have your fiancee take care of everything until you cross. Those are your choices. Going back and forth across the border is not one of them...

Edited March 6, 2006 by zyggy

[zyggy 9]

This might sound crazy, but this thought hadn't occured to me at all. We are getting married on the US side of the border, right near my home in BC.

After I get my VISA in my passport, does that mean that I can no longer cross the border to take care of wedding plans? I was hoping to still cross back and forth, and then use the K1 visa the day before the wedding, and stay in the US after that.

YIKES. Has anyone tried to cross the border with just your birth certificate? If you don't give them your passport will they let you in to the US still?

No.. if you have the visa.. then you must use it on your next visit. Once the visa is activated, you have 90 dys to get married and cannot leave the US until you receive Advanced Parole which you can only apply for AFTER you are married.

So sorry... once you cross... you cannot go back for as long as about 4 months or so. Afraid that in order to take care of your wedding plans, you have to enter the US some time before the wedding, or have your fiancee take care of everything until you cross. Those are your choices. Going back and forth across the border is not one of them...

If a Canadian was caught entering the US on a BC and a DL after a K visa had been issued and if it was found out while it was attempted or after the fact, it could be seen as gaining entry by making a material misrepresentation. In this case, the K visa would be cancelled and the alien would be inadmissible.

[mhymers 0]

Thanks for the clarification. I won't try then. That sure changes things for me. I guess I need to get down there before my interview, and do as much as I can before the wedding!

I mean... before my interview. Since my interview hasn't been scheduled yet, I have had no problems crossing back and forth... So I'll doas much as I can now, and live with it.

Thanks Zyggy.

[bobo 2]

After interview (successful) I asked if I can cross US border back and forth. I was told that the border officers are quite understanding and allow it, but there are no guarantees. So the interview officer told me to go and visit US and when I am ready to immigrate to send the passport for visa. I have followed his advice and everything was OK (check my timeline).

[Peggy 1]

After interview (successful) I asked if I can cross US border back and forth. I was told that the border officers are quite understanding and allow it, but there are no guarantees. So the interview officer told me to go and visit US and when I am ready to immigrate to send the passport for visa. I have followed his advice and everything was OK (check my timeline).

I agree. I have seen a few people do this from Canada. At their interview they asked if they could cross with out using the visa. They were told to send in there passport when they are ready to move to the USA.

[Jasman0717 9]

Someone else posted several months ago that they came to the US and didn't use the visa for that visit. I am not sure how but maybe you have to declare it at the POE.

[Flames9_RN 358]

One could always call ahead to the POE your going to, and they "may" give you an answer. Of course the dude on the phone may say it is ok, but once there, that poe dude may say different!! As a Canadian I would say you probably could get away with it, and they most likely would not be to concerned. have heard others on VJ stating they did it. Of course there was that 1 k1 gal that used to back and forth al the time (on an activated k1) and then one time they did not allow her in and she had to do a k3 or cr-1, bit different than this situation. Best of luck

[mhymers 0]

I just wanted to let everyone in the same situation as me know that I have now crossed into the US 4 times without using my valid K VISA! It was issued 2 weeks ago and it is in my passport, but at the border I just tell them that I am NOT using it at this time, and I haven't had any problems. At my interview, I was told that I can cross as many times as I want, as long as it is not stamped. I can then go back to Canada keep working, and remain in Canada until just before the wedding.

I have just said that I am going down to meet with caterers, or look at Reception halls, but at this time I am NOT moving into the US, and I don't want to use my fiance VISA.

Hope this helps somone.

[JEDI 0]

• Thanks!
  It helps me.
  I'm NOA2, and have to drive to New York on business for a couple of days in late June.
  I would not at that time be going to visit my fiance, who lives in Florida.
  I had been worried that if I obtained approval for the visa before then, I would risk losing it or screwing everything up. I had felt reassured by the post "bobo" made above, but this makes me feel even better!
  Of course, with all the current backlogs, it's doubtful that I will even have an interview date assigned to me by then!
  Thanks for keeping us updated.
  

[neiks 19]

I would seriously heed Zyggy's advice - he is the expert in this matter. Just because one officer may allow it or it has been done before by others does not mean that it's going to happen that way all the time. Is it worth the risk to have your visa cancelled after all your hard work to obtain the visa to start over and even have to postpone your wedding.

[JEDI 0]

My fiance agrees with you!

(And I do what she says!)

However, my plan was to ask the interviewer, like Bobo did.

(But now I'm pretty sure I will still be "in process" at that point.)

After interview (successful) I asked if I can cross US border back and forth. I was told that the border officers are quite understanding and allow it, but there are no guarantees. So the interview officer told me to go and visit US and when I am ready to immigrate to send the passport for visa. I have followed his advice and everything was OK (check my timeline).

My understanding is that during the Visa process, the POE officers can consider you a risk if you don't show ties to your home country. (In this case Canada.) Once you have an approved Visa, you are no longer a risk, because you have permission, and 6 months in which to use it before it expires. So they would have no reason to deny you entry. Obviously, they could tell you that you MUST use the VISA, as was always my understanding up to this point (and what Zyggy and everyone else has been saying), at which point you could decide NOT to enter and turn around. If you tried to cross with a truckload of personal possessions, for example, they would surely force you to use the VISA.

But as MHYMERS said, "

At my interview, I was told that I can cross as many times as I want, as long as it is not stamped

", and so he would tell them "

at this time I am NOT moving into the US, and I don't want to use my fiance VISA

", and BOBO was told, "

the border officers are quite understanding and allow it, but there are no guarantees

". Considering their sources, (and seriously NO offence to the very knowledgeable and very helpful Zyggy!) I think the information is trustworthy. Possibly the POE officers have been given new rules or guidelines in this matter, which we are as yet unaware of.

So... while I might not COUNT on it working, having evidence that it HAS been done would be enough for me to give it a try. Just as attempting to enter and getting turned back from the border has no effect on the status of your K-1 application, I don't see how an attempt to cross after approval without using the VISA could possibly result in a revocation.

Disalimer: As is the case with most everyone at VJ, my posts reflect only my personal opinion, unless otherwise stated in a specific instance.

[Krikit 1,164]

We were told by the American Consulate that I can cross the border as I normally do as long as I don't use the visa. Once the visa has been activated (at my request) then it is good for one entry only and we must marry within the 90 day limitation or it becomes invalid. The border agents at my point of entry appear to be intelligent and knowledgeable so I do not anticipate any more difficulty or delay than I normally deal with.

[JEDI 0]

Awesome!

Thanks so much for this information, as this topic has been discussed a few times before around here, but without anyone having personal experiences like yours and those of the 2 others to contribute.

(Everyone should still remember the "no guarantees" part, though!)

[mhymers 0]

I also have much respect for Zyggy. I was terrified to try it, but after my interview when I was told that it was allowed, I called 3 different POE's and explained my situation. I got the same answer every time. I can still come and visit, as long as I make it clear that I am NOT activating my VISA.

So, after talking to all of these crossing guards, I decided to try it. 3 times - No problems yet. Last time I got especially bold and went with a trunk full of boxes that I was moving to my fiance's apartment. They asked me what I was bringing, I told them that it was just winter clothes I wanted to leave at my fiance's place... and again... No problem, have a good visit, and we'll see you again when you come to use your VISA. I haven't had anyone give me any kind of hassle up to this point.

However, I live about 7 min from the border. If they do want to make me use the VISA, I plan on just turning around and going home.