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Enter US as tourist after recieving but before activating K1 Visa?

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Posted

I had this very same question, but unfortunately, the K-1 is a one entry visa. Once you've made your POE, your 90 day countdown starts and your K-1 is void. My fiance wanted to visit for the 4th of July and come later in the summer-however, plans have no changed due to him more than likely having his visa issued before then.

-Christopher (P/USC)

Removal of Conditions Timeline

  • 11 SEPTEMBER 2017 (MONDAY) - FILE I-751 TO CALIFORNIA SERVICE CENTER
Filed: K-1 Visa Country: Canada
Timeline
Posted

When I was at my interview, another K-1 asked about this and they told him he could go to the US without activating the visa. They said to be very clear with the IO at the border and not to bring the envelope.... I have not done it myself, but I believe Canadians have been able to cross without activating the K-1 visa. I don't think this is the same experience as other countries though.

If it was me, I would contact the CBP at the POE you are planning and ask them specifically before trying. I would also ask them what happens if you go to the border/customs and they say no? Would they force you to activate it or would they allow you to turn around...

For me, I figured it wasn't worth the stress. I have enough going on! If we really need to see each other, I figure my fiance can just come to Canada.

--------------------------

K-1 Visa Timeline

--------------------------

04/21/2014: Submitted I-129F

05/29/2014: NOA2 via email

01/20/2015: Visa Received

03/15/2015: POE

04/01/2015: Married!! (L)

04/11/2015: Submitted AOS / EAD / AP

10/09/2015: Green Card Approved

07/20/2017: Submitted I-751 ROC

07/27/2017: NOA1 Received

10/14/2017: Biometrics Waived

10/27/2018: ROC Approved

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

This really seems to be Canada specific as it has happened during land crossings. I'd contact the POE you plan to cross at to verify that they will allow this - but yes it has happened

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: AOS (apr) Country: Kenya
Timeline
Posted

Hi,

My K-1 Interview is on February 25th. Assuming all goes well and I am approved, would I still be able to enter and exit the USA from Canada on March 3rd to 6th, without activating my K1? I plan to immigrate a few weeks after using the K1.

Would this be possible?

Thanks

Nope.....all existing visas are voided once the K-1 is issued. That MUST be used first.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Filed: K-1 Visa Country: New Zealand
Timeline
Posted

From what I understand, it seems as though you can ask to be allowed in to the US under the Visa Waiver Program... but the key would be to convince the CBP that you plan on leaving after your stay. I'd imagine any proof of strong ties would help your case, but it would be up to them if they will allow it or not.

Seems risky to me.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Nope.....all existing visas are voided once the K-1 is issued. That MUST be used first.

Canadians do not travel on visas, further - many Canadians have done what the OP is asking about. It really seems to be land crossings for Canadian citizens

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Posted

From what I understand, it seems as though you can ask to be allowed in to the US under the Visa Waiver Program... but the key would be to convince the CBP that you plan on leaving after your stay. I'd imagine any proof of strong ties would help your case, but it would be up to them if they will allow it or not.

Seems risky to me.

Canadians don't use a visa waiver program.

~~organizer hat on~~

~~moved to Canada forum from K1 process and procedures as topic is regionally specific~~

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: K-1 Visa Country: Canada
Timeline
Posted

I guess it is possible, but why risk it? Can your fiance come to Canada instead?

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

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

Many have done it...but it really is all up to the POE officer......Just have a back up plan in case they say no..and if they do say no..don't be a jerk about it,lol All the best

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

We called CPB about the same question, I was told I have to bring my packet unopened and clearly state I do not want to activate it. I have to go for a fitting in may and by then I should have my Visa, but we don't want to activate it before June/July.

My fiance is Calling USCIS today to get clarifications. I can tell you what they said later

 

August 2011: Started talking to Brian
June 1st, 2012: Started dating (L)
July 29th 2012: Saw each other for the first time, met Family
August 2013: Got engaged
July 2014: Sent 1-129F petition
July 29th, 2014: Received NOA1.
February 5th, 2015: NOA2!
April 16th, 2015: Medical in Montréal
May 15th, 2015; Interview- APPROVED!
June 22nd, 2015: POE at Champlain Border

September 4th, 2015: Wedding! :dancing:
 

AOS/EAD/AP

February 20th, 2016: AOS/EAD/AP Package sent! (Received 2/25, yay for USPS delays!)

March 4th, 2016: NOA 1 for all 3 applications

March 11th, 2016: Hardcopies with all 3 receipt Numbers received

March 30th, 2016: Biometrics (as a code 2, Maybe have to go again?)

April 25th, 2016: Walk in for the SECOND Biometrics appoinment (Code 3 this time, Officer was not the happiest but told us to come back at noon and he'd let us in.)

May 16th, 2016: Submitted Service Request for I-765

June 8th, 2016: Called USCIS concerning delay, officer put another request in and said the previous one would like be ignored as it was created through their website.

June 21st, 2016: Contacted both NY Senators.

July 1st, 2016: RFIE for I-485.

July 8th, 2016; Sent Evidence Requested by USCIS. (Received July 13th)

July 15th, 2016; Emergency Advance Parole due to Family Emergency

July 27th, 2016; Contacted USCIS Ombudsman as my I-765 has been pending for 5 months.

July 30th,2016; EAD/AP have been approved!

 

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

We called CPB about the same question, I was told I have to bring my packet unopened and clearly state I do not want to activate it. I have to go for a fitting in may and by then I should have my Visa, but we don't want to activate it before June/July.

My fiance is Calling USCIS today to get clarifications. I can tell you what they said later

It does not really matter what they say or the POE officer you spoke to now......it will matter when u cross......Majority of k1'ers on here that have done it, have had no issues..... Just takes that 1 grumpy POE officer and his supervisor to ruin ur plans

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

Nope.....all existing visas are voided once the K-1 is issued. That MUST be used first.

Canadians don't require another visa to enter the U.S.

Edited by Ms Hogan

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

  • 2 weeks later...
 
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