Should we "pretend this never happened"?

[USA-TW 2]

Hello VJ Community. My now wife and I have used this website as a great resource on our journey from dating to engagement and now marriage. Pretty much any question or concern we had could be answered here except for the dilemma we are facing now that I can't find an answer to.

A little background first. I am a US citizen and my wife is from Taiwan, though we met while she was living in Canada. She moved back to Taiwan then we started the K-1 process. After five months, she returned to the US via Canada and validated her K-1 status. I live very close to the Canadian border hence all the Canada border crossings.

About a month after entering the US via Canada, we decided to take a day trip across the border into lower Canada and explore the city she used to live in. Though we did lots of researching, I was not aware of the one entry rule. My wife, who is very cautious herself, thought we could travel because her I-94 listed the number of entries as "Multiple". So off we went and had a wonderful day. Upon our return into the US, the customs agent said she just forfeited her K-1 by leaving then sent us inside.They asked us a bunch of questions then had us wait. Finally, the CPB officer said the I-94 is incorrect (he scratched it out and hand wrote "SINGLE") then said what we did was stupid and 'I'm going to pretend this never happened" and we were allowed in.

Fast forward to now. We got married within the 90 days and are starting all of the AOS, AP and other documents required. When it comes to questions like "when was your last entry into the US", we are struggling to decide what to enter for two reasons. The CPB officer said this never happened and her Travel History doesn't have an entry date for that day (though it does have an exit). If we decide to put that most recent date down, will that change the process meaning will we have to file for a different kind of Visa or just explain the situation in the interview process? I've read that it's possible this would just fall under an Automatic Re-validation but I understand it's a grey area. I don't like the scenario of asking for forgiveness later if we put her original entry date in then get asked about the exit.

Looking for some insight.

Thank you.

[Harpa Timsah 13,258]

I would put the original date and then explain this all one a separate sheet. Since CBP let you in the second time, you were inspected and legally admitted (or paroled) and your AOS will be the same.

Edited May 28, 2016 by Harpa Timsah

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS-related processes, past K1~

[quesma 10]

Never lie to USCIS. Never. Remember that the CPB officials let you in, its not that you crossed the barbed wire on the border. Like Harpa said, explain it on a separate sheet of paper and explain all the scenario like you did here. A complicated truthful case is better than a "fishy" clean one. And also note here that you have handwritten "single" entry on your I-94 which you can show was written by the CPB official. USCIS loves truth.

Thats my humble opinion. I would like other members of the community to shed more light.

[Hypnos 6,576]

Your wife was incredibly lucky not to be denied entry by CBP. By the book, she she have been.

[KayDeeCee 4,893]

You ran into a kind CBP officer.They could have denied you entry, and sent you away in need of filing for a spousal visa to get back in.

https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html#14

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.

https://www.uscis.gov/family/k-1-process-step-step

The DOS consular officer decides whether to issue the K-1 visa. K-1 visas are valid for up to 6 months and a single entry.

https://www.uscis.gov/sites/default/files/K1_Process_V11.pdf

Edited May 29, 2016 by KayDeeCee

[newacct 688]

Well actually, if her I-94 was valid, she should be able to travel to Canada under 30 days and return to the US under automatic revalidation even if her visa is invalid. There would be nothing abnormal about that.

You should put the date of that entry.

Edited May 29, 2016 by newacct

[KayDeeCee 4,893]

Yes, and I would think the fact they were not yet married is what got her back in the US using the automatic revalidation rule.

[Hypnos 6,576]

It would depend upon whether they married before or after the excursion to Canada as to whether automatic revalidation would apply. The alien would need to remain unmarried to be eligible at that point.

If they only married after re-entering, then revalidation is probably what happened.

[USA-TW 2]

Marriage took place after this visit to Canada. My assumption at the time is they let her back in because her I-94 read "MULTIIPLE" for the number of entries. It wasn't until after this that we learned of automatic revalidation. They CBP officer was clear that we shouldn't have crossed but like others have said in different posts that if automatic revalidation is good for K-1, it seems most CBP officers are not aware.

We will put the most recent entry date on our forms with an explanation letter.

One last question. Is it normal for the I-94 on a K-1 to have "MULTIPLE" on number of entries? The CBP officer said no and pointed out that the K-1 lists 1 as number of entries and that's what we should follow.

[templeton 120]

Yup, here it is for future reference. Many aren't aware, but (at this time) as along as it's prior to the marriage, most K-1s can leave the US to visit Canada or Mexico for a short time and return as long as the original I-94 is still valid.

Here's the shorthand version, with a link to USCIS's official page contained within. http://www.nolo.com/legal-encyclopedia/can-fiance-k-1-visa-quick-trip-canada-mexico.html#comment-123853

Seems like a lot can go wrong, so probably not something you'd want to do unless you had to.

[IguanaCouple 26]

You were legally let in so don't lie now that would be the way to get into trouble. There's a special provision for Canada and Mexico but boy, would I never want to leave the U.S. without an AP or a GC.

Even with a GC, 2 out of 4 times the American CBP treated me like a fugitive criminal on my way back in. Canadians are chill, though. I was just discussing it with a friend of mine how American immigration and TSA simply have no sense of humor at all.

A young German guy I heard of was detained and interrogated for a day and deported back from the airport after he made a harmless joke about a bomb. And then there was the Italian professor who was made to deplane for scribbling equations in a notebook.

[Unshakable Faith 493]

You were legally let in so don't lie now that would be the way to get into trouble. There's a special provision for Canada and Mexico but boy, would I never want to leave the U.S. without an AP or a GC.

Even with a GC, 2 out of 4 times the American CBP treated me like a fugitive criminal on my way back in. Canadians are chill, though. I was just discussing it with a friend of mine how American immigration and TSA simply have no sense of humor at all.

A young German guy I heard of was detained and interrogated for a day and deported back from the airport after he made a harmless joke about a bomb. And then there was the Italian professor who was made to deplane for scribbling equations in a notebook.

There's no "harmless" joke about a bomb. They did the right thing to deport him.

[TBoneTX 44,671]

Even with a GC, 2 out of 4 times the American CBP treated me like a fugitive criminal on my way back in.

The CBP can do this even with born U.S. citizens. Too often, the agents are in a foul mood and are looking to nail somebody. In particular, don't underestimate them at the internal immigration checkpoints.

[Loki_Go 126]

Isn't it normal for the I-94 to say "multiple"? Mine says multiple but I never thought I could use it as a day pass sort of thing. Do others say "single"?