Re-entering the US on K-1 with I-94

[peekaboo 3]

Hi guys,

I am new to the forum and have a question right away.

The situation is the following: I entered the US on K-1 in May (Peace of Arch, BC). My fiance and I in the meantime realized we were not ready for the marriage and agreed to postpone it. I drove back to Canada and esentially "abandoned" K-1.

Now we miss each other a lot and are thinking that we should have gotten married in order to avoid more bureaucracy to actually be together.

K-1 is valid until Aug 10. When I was returning to Canada, the Canadian officer told me to keep the I-94 "just in case" explaining I could re-enter USA during the validity of the visa. Logic is that since i did not surrender the I-94 form I am officially still considered to be in the US and despite the fact that K-1 is theoretically "single-entry" I have not left the country in the first place.

And according to https://www.uscis.gov/ilink/docView/22CFR/HTML/22CFR/0-0-0-1/0-0-0-500/0-0-0-1810.html (41.112 d)2)i) and ii)) this seems possible (although K-1 is not explicitly mentioned):

(i) Is in possession of a Form I–94, Arrival-Departure Record, endorsed by DHS to show an unexpired period of initial admission or extension of stay, or, in the case of a qualified F or J student or exchange visitor or the accompanying spouse or child of such an alien, is in possession of a current Form I–20, Certificate of Eligibility for Nonimmigrant Student Status, or Form IAP-66, Certificate of Eligibility for Exchange Visitor Status, issued by the school the student has been authorized to attend by DHS , or by the sponsor of the exchange program in which the alien has been authorized to participate by DHS, and endorsed by the issuing school official or program sponsor to indicate the period of initial admission or extension of stay authorized by DHS;

(ii) Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child meeting the stipulations of paragraph (d)(2)(i) of this section, after an absence not exceeding 30 days in contiguous territory or adjacent islands other than Cuba;

Did anyone have experience with this edge-case?

Assuming this would be possible, am I required to re-enter the country in a car or train/plane?

All your reponses are highly appreciated. This is the most stressful part of my life. 2 days after I returned to Canada, I was involved in a minor car accident (unhurt) and waiting for the car to be repaired... I wonder if I will get my car back by the "30 days deadline" of when I returned to Canada.

[Rc123rc 528]

Not sure on your I-94 and being able to come back in before the deadline but more importantly, what has changed in the short time you were gone that you both are now ready for marriage and you weren't before? Just missing each other wouldn't be enough I would think to overturn such a life changing decision. Deciding to get married and then once you are together, you call it off. I know it's not answering your question but maybe it's not the answer you are looking for.

[Anitafeliz 1,133]

You know this process is long and hard...

If you felt so adiment to drive all the way back and abandone the K1 you should probably try to see if you indeed are ready for this commitment.

Re entry will need to be requested at the consulate in Montreal to see if they will re issue is may be possible.

The K1 is a single use entry visa.....you already entered once.

As for the car I'm not sure what to think here maybe you should see if they will reissue the visa first.

Edited June 27, 2016 by Anitafeliz

[Lemonslice 4,947]

See: http://www.nolo.com/legal-encyclopedia/can-fiance-k-1-visa-quick-trip-canada-mexico.html#comment-123853

and : https://www.uscis.gov/ilink/docView/22CFR/HTML/22CFR/0-0-0-1/0-0-0-500/0-0-0-1810.html

[newacct 688]

The K1 is a single use entry visa.....you already entered once.

But entering on Automatic Revalidation doesn't need a valid visa.

[Anitafeliz 1,133]

But entering on Automatic Revalidation doesn't need a valid visa.

Yeah didnt know canada had that..... Good to know Edited June 27, 2016 by Anitafeliz

[peekaboo 3]

See: http://www.nolo.com/legal-encyclopedia/can-fiance-k-1-visa-quick-trip-canada-mexico.html#comment-123853

and : https://www.uscis.gov/ilink/docView/22CFR/HTML/22CFR/0-0-0-1/0-0-0-500/0-0-0-1810.html

The link to the USCIS is already included in the original post.

Was wondering is anyone on the forum actually did this.

[peekaboo 3]

Not sure on your I-94 and being able to come back in before the deadline but more importantly, what has changed in the short time you were gone that you both are now ready for marriage and you weren't before? Just missing each other wouldn't be enough I would think to overturn such a life changing decision. Deciding to get married and then once you are together, you call it off. I know it's not answering your question but maybe it's not the answer you are looking for.

We have been in a long distance relationship for over 10 years and want to finally be together. You do have a point however.

[KayDeeCee 4,895]

This was a response from the CBP a couple years ago. > http://www.visajourney.com/forums/topic/493957-leaving-us-for-short-period-after-entering-on-k1/page-2#entry6979694

Have seen quite a few ask about it, but have not seen anyone post about being denied or successful when trying it.

[Lemonslice 4,947]

Most recent post I remember

http://www.visajourney.com/forums/topic/597502-should-we-pretend-this-never-happened/

[peekaboo 3]

Thanks, guys. According to these posts it looks like this would work as long as I still meet the criteria of the K-1 visa, primarily being unmaried. Hummmm.

[KayDeeCee 4,895]

Oh yes, there was that one, but the CBP officer did not seem aware of the automatic revalidation rule for a K-1. They were let back in, but it seemed to be a lucky happenstance. I think another CBP officer must have told him about it, or he looked it up while they waited.I guess it was a success though.

[peekaboo 3]

Yes. And the "multiple" entry typo on the i-94. Well, I would have the print out of the law with me.

Pretty sure CBP officers at Peace of Arch are aware of the automatic revalidation rule as I know people who use their visitor's US visas like that to enter the US and it is a major border crossing.

Edited June 27, 2016 by a.guy.in.love

[NikLR 13,231]

I agree this was a huge life change in a short period of time.

You can try but innthe end it's up to the CBP.

[peekaboo 3]

I will keep you posted. In the meantime, any extra experience or tips would be more than welcome. Thank you.