Traveling while K-1 Visa has already been issued

[shrb 5]

Hi All!

My fiancé and I started our K1 Visa process around June this year, and I will be scheduled an interview at my US Embassy in Uruguay soon. I have a question regarding traveling outside my country while (and if... fingers crossed ) my K1 Visa has been stamped: My sister is allocated in Toronto, ON, Canada, and I would be taking Vacation leaves around December this year to pay her a visit, and perhaps visit NY with her. This would be for tourism purposes.

How do I need to proceed about this? Even if I don't stay at the US at all during my visit, I will be stopping at a US airport for connections... Having E.S.T.A. approved is enough? How about our idea to stay in New York during some of my visit? What would happen to the visa stamped at my passport? Is this all doable?

I know that's a lot of questions, but I wouldn't be traveling to the US to marry my fiancé until February next year as it was already planned, and I want to be certain that this will not cause any issues. All your answers will be appreciated. Tons.

Thanks a lot for keeping this community up and in advance for all the help you can provide!

Santiago

Edited October 15, 2015 by santiago.harry

[JDWright 30]

Far as I know if you're entering the US and you present that K1 visa it will be processed and voided, unless you present some other means of entering legally. You have your ESTA then you may use that. But don't take my word on it. There are other similar cases in the forum though so just search there.

[shrb 5]

Thanks for your input. I wasn't looking forward to entering the US by using the K1 Visa at all for this visit. My idea is to use ESTA, as I would be traveling for tourism and it would have absolutely nothing to do with my marriage.

My exact question is if there are any issues with that... As I wouldn't be traveling on a visa, and I will be using ESTA, my question is whether POE officers at the US will have any problems with the K1 being there... I have looked around the forum but couldn't find a thread that answers my questions per se

Anybody happens to know which US office can help me with this, then?

Regards,

Santiago

Edited October 15, 2015 by santiago.harry

[NigeriaorBust 4,087]

You don't get to choose between ESTA and the K1, the person at immigration and border control does. It would be safer if you found a way into and out of Canada without hitting the US.

[shrb 5]

Ok, getting our NY idea out of mind.

Is it still an issue to enter the US for a connection flight to Toronto? It is basically impossible (or worse, extremely expensive) to go to Canada directly from my country without a layover at the US.

Ideas?

Thanks!

Edited October 15, 2015 by santiago.harry

[TBoneTX 45,288]

If you had to leave the secure area of the International terminal at the U.S. airport (to catch your connecting flight, retrieve your luggage, etc.), thereby going through Customs and Immigration with "admission" to the U.S., the CBP agent might activate your K-1 visa. In that event, you could continue to Toronto, but your readmission to the U.S. from there would be denied, because of your lack of Advance Parole. In essence, you would have "abandoned" your status as a K-1 entrant, because you left the U.S. before marrying and applying for Adjustment of Status.

If I were you, I'd spare no expense in getting tickets from Uruguay to Toronto without connecting in the U.S.

Others here might have differing thoughts.

[shrb 5]

So basically I have to drop my idea to visit Canada? Sounds so ridiculous

You guys think calling CBP could lead to a better answer?

Thanks

[TBoneTX 45,288]

Calling CBP was my next suggestion -- for clarity, regardless of whether their answer is "better." For your peace of mind, I recommend calling at least two different ports of entry (or call your planned connecting airport, at two different times of day) and seeing if their answers are consistent.

[baron555 934]

Calling CBP was my next suggestion -- for clarity, regardless of whether their answer is "better." For your peace of mind, I recommend calling at least two different ports of entry (or call your planned connecting airport, at two different times of day) and seeing if their answers are consistent.

However........the CBP officer has the final call...regardless of what they tell you on the phone.

Sounds very risky.

[kris&me 572]

my husband is from Ecuador

we were told not to travel in any way to US POE while waiting for visa / I was going to come home after the marriage and apply CR 1 and then return in a few months for a honeymoon. we wanted to go to US Virgin Islands on our honeymoon since we had met there

but when we inquired about this, we were told not to try it as it would negate the process of our CR 1

DON'T DO IT

[toha 2]

From what I saw in my local airport, LAX, Canadian airlines are located in a separate terminal from International terminal. However, I saw many continental American airlines stationed at that terminal, from Air Mexico to Air Canada, and so forth. If you were to land in such terminal, I suppose you would not leave terminal's area and would not have to go through customs. Other airports may be the same. BUT if your airline lands at INTERNATIONAL Terminal, and then you would have to switch terminals - that may be an issue. Make sure you call the airport and also search online to find out where exactly your connecting flight will be and where you will land, and whether you will have to go through customs.

In my case, when I was flying through SFO airport (San Francisco), there were no customs when you walked to any of the terminals. I simply walked from domestic terminal to international one and did not encounter any customs.

Edited October 15, 2015 by toha

[Pennycat 880]

I've always found it easier to use kayak.com to find a route without transferring in the US.

When you put in your search, there is a place on the left side of the screen called "Layover Airports", you can open that up and un-check all of the US airports. I just did that to test and see and it looks as if Copa has routes transferring through Panama City for around $1100 which seems to be the on the lower end for what looks like normal fares (for the random dates in November I just chose, at least).

Also, choose the +- 3 days box, that often opens up flights/routes that only go once or twice a week that you may not know about or may not see with a strict date search.

[toha 2]

I've always found it easier to use kayak.com to find a route without transferring in the US.

When you put in your search, there is a place on the left side of the screen called "Layover Airports", you can open that up and un-check all of the US airports. I just did that to test and see and it looks as if Copa has routes transferring through Panama City for around $1100 which seems to be the on the lower end for what looks like normal fares (for the random dates in November I just chose, at least).

Also, choose the +- 3 days box, that often opens up flights/routes that only go once or twice a week that you may not know about or may not see with a strict date search.

I strongly dislike kayak. They use other sites, like Vayama, to book your flight. Last time Kayak did it, Vayama booked me as a FEMALE and my wife as a MALE and also mixed our passports and citizenships. Thank God they did not mess up our names, otherwise we would have paid large fees to change names... So when booking through Kayak, make sure you double check which site is booking you

[Pennycat 880]

I strongly dislike kayak. They use other sites, like Vayama, to book your flight. Last time Kayak did it, Vayama booked me as a FEMALE and my wife as a MALE and also mixed our passports and citizenships. Thank God they did not mess up our names, otherwise we would have paid large fees to change names... So when booking through Kayak, make sure you double check which site is booking you

Ah I should have said, I never book through third party sites at all for anything--I book directly with the airline/hotel/car rental etc. Too much can go wrong and not enough protection from them. If you tell them "this is the price I saw on Kayak" they often honor that price, and more often than not, they have the same price anyway.

I use Kayak as a search tool, and that's the one I've found gives me the type of flexibility in searching I'm often looking for (namely, the ability to exclude certain layover airports and control the length of layovers and the plus/minus 3 days thing). I'm sure another one out there does the same things, but this is the one that works the best for me.

[toha 2]

Ah I should have said, I never book through third party sites at all for anything--I book directly with the airline/hotel/car rental etc. Too much can go wrong and not enough protection from them. If you tell them "this is the price I saw on Kayak" they often honor that price, and more often than not, they have the same price anyway.

I use Kayak as a search tool, and that's the one I've found gives me the type of flexibility in searching I'm often looking for (namely, the ability to exclude certain layover airports and control the length of layovers and the plus/minus 3 days thing). I'm sure another one out there does the same things, but this is the one that works the best for me.

Good point mate