Traveling to US without using K1 visa

[Razza 0]

Hello,

 

I have applied for a K1 visa; my interview is on the 3rd in Montreal. However, I don't plan on using my visa until August to enter the US and get married (assuming the interview goes smoothly and I am issued the visa). My question is: Will there be any issues in my traveling to the US but not using my K1 visa? Given that I am Canadian, I have the option of traveling through the Visa Waiver Program. I avoided traveling to the US through the entire visa processing time (I.e. Since October) to avoid any complications in my application, but was hoping I could go with the visa issued, but just not use it. 

 

Thanks for for the help! 

[A'n'L 735]

I'm really sorry, but you've got it backwards. You could visited before the visa issuance, but once the K1 is in your passport the CBP will want to activate it on first entry.

[Razza 0]

Just now, A'n'L said:

I'm really sorry, but you've got it backwards. You could visited before the visa issuance, but once the K1 is in your passport the CBP will want to activate it on first entry.

Darn... that's annoying! Oh well... what's a few more months of waiting I guess. 

[Jmc1 13]

I believe once you have your K1 visa in your passport, your VWP visa will be automatically cancelled, therefore your plan isn't possible. The K1 is a one time entry and then you must remain in US until after marriage, AOS has been filed and when you have AP in your hand.

 

You could visit before your K1 visa is in your passport, taking precautions to bring along your proof of returning to Canada (I bought along proof of returning to UK and wasn't asked for it).

 

Given your interview is so soon, at this stage you should wait to travel to US when you're ready to move there. Alternatively if you really wanted to visit sooner you could possibly push back the interview date (but please seek further advice before taking this route as personally I'd not want to do that when you are so close to completion and you will still have the unknown wait to get your passport back after interview).

 

Best of luck.

[Razza 0]

11 minutes ago, Jmc1 said:

I believe once you have your K1 visa in your passport, your VWP visa will be automatically cancelled, therefore your plan isn't possible. The K1 is a one time entry and then you must remain in US until after marriage, AOS has been filed and when you have AP in your hand.

 

You could visit before your K1 visa is in your passport, taking precautions to bring along your proof of returning to Canada (I bought along proof of returning to UK and wasn't asked for it).

 

Given your interview is so soon, at this stage you should wait to travel to US when you're ready to move there. Alternatively if you really wanted to visit sooner you could possibly push back the interview date (but please seek further advice before taking this route as personally I'd not want to do that when you are so close to completion and you will still have the unknown wait to get your passport back after interview).

 

Best of luck.

Thank you for your insight. 

[cdneh 3,112]

Canada isn't  part of the Visa Waiver Program. Canadian passport holders do not need and cannot apply for ESTA.

[Lemonslice 4,843]

Does your province offer enhanced driver's licences to cross the border by land? That could be one alternative. 

Some Canadians have visited without activating the visa in their passport, but it's always up to the agent at the border, so land crossing is less costly if refused.

[Redheadguy03 505]

I thought Canadians could just come and go into the United States. You don't  need any kind of waiver or anything. However, once you enter on your fiance visa you have to get married before leaving. I'm not too sure about leaving as I said before you're Canadian, so you should be able to come back whenever. 

[Roel 7,192]

Uh.. Pretty sure if you enter using the K1 visa you cannot leave without Green Card or AP. Canadian or not. If you do that, you won't be able to come back without a spouse visa (assuming you get married).

 

[Lemonslice 4,843]

There is an automatic revalidation program. You do not want to use this path though as it is often misunderstood by agents at the border.  I repeat, do not count on being allowed reentry - https://travel.state.gov/content/visas/en/general/automatic-revalidation.html 

Edited April 29, 2017 by Lemonslice