"One Entry" on the K-1 Visa

[kenikki 26]

My fiance and I recently entered the US at the Pembina-Emerson border. After handing over our passports to the CBP officer, I declared that I was seeking entry as a K-1 visa holder. We were sent into an office for processing, which took over an hour and a half. The first time that the officer called me up, he confirmed my fiance's current address and took my fingerprints from one hand. He asked when the wedding was (just over two weeks from my POE). He then asked if I was aware that the K visa was acceptable for one entry only. I advised yes, this was my one entry on said visa. He then told me that I could come and go into the US as many times as I wanted up until we are married... Something along the lines of, "Since you are still a fiancee, you can still go back into Canada and come back into the United States." I was completely shocked because my understanding of the process is that once you have the K visa, you may enter the United States ONCE, you must get married within the immediate 90 days, and you could not leave the US until you were granted AP. He quoted the large binder he had with him, but I was still in shock and can't remember exactly what he said.

 

I went back to my fiance and relayed the information to him and he was shocked by this revelation, as well. When we were both called up by the officer the next time, he advised that my K visa is essentially null and void now and that the important document is now the i-94 stapled in my passport. He said that if I were to leave the US and return, that would be the document to provide.

 

Does anyone have any more information on this?

My assumption was that the one and only time that I could use the K visa for entry into the US was for the sole purpose of getting married within 90 days.

I understand that a fiance(e) may request entry into the US whenever (at CBP's discretion); however, if you are requesting entry as a K-1 holder, I assumed that was your one entry.

 

PER USCIS:

"The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival."

[Roel 7,193]

You absolutely cannot use k1 for multiple entries. In fact if youd leave now, you would not be allowed back in the US. That officer was very incompetent. 

 

You cannot travel abroad on i94. Yoi cannot travel until you have either AP or green card in hand. 

[mushroomspore 3,044]

You are correct. That officer is not.

 

Why did he ask if you were aware of the single-use rule and then tell you you can come and go until you're married??? Not asking for an answer. Just pointing out that he had absolutely no logic.

Edited September 5, 2018 by mushroomspore

[kenikki 26]

5 minutes ago, Roel said:

You absolutely cannot use k1 for multiple entries. In fact if youd leave now, you would not be allowed back in the US. That officer was very incompetent. 

 

You cannot travel abroad on i94. Yoi cannot travel until you have either AP or green card in hand. 

Thank you for confirming. He had me second guessing myself because he was quoting what I assumed was their official handbook or something.

 

4 minutes ago, mushroomspore said:

You are correct. That officer is not.

 

Why did he ask if you were aware of the single-use rule and then tell you you can come and go until you're married??? Not asking for an answer. Just pointing out that he had absolutely no logic.

Lol, my thoughts exactly. When he asked about the one time entry, I was like, yes... That is happening like right now when I requested entry....

 

 

This just upsets me so much because this process is long and confusing enough as it is. Official officers should not be providing incorrect information. I'm not sure if it's worth my time to call them again and ask why this officer would provide such information (I've called previously and they were very curt).

[geowrian 22,338]

Did he stamp the passport and mark K-1? If so, the K-1 visa itself is no longer valid since it is single use.

 

Technically a new K-1 visa can be issued by the consulate for the 90 days from the original K-1 entry so long as you are not married yet, although this can be difficult to obtain in practicality so it is not something to rely on. Marry, obtain AP, then you can travel as needed with minimal worry.

[mushroomspore 3,044]

7 minutes ago, kenikki said:

Thank you for confirming. He had me second guessing myself because he was quoting what I assumed was their official handbook or something.

 

Lol, my thoughts exactly. When he asked about the one time entry, I was like, yes... That is happening like right now when I requested entry....

 

 

This just upsets me so much because this process is long and confusing enough as it is. Official officers should not be providing incorrect information. I'm not sure if it's worth my time to call them again and ask why this officer would provide such information (I've called previously and they were very curt).

I'm not sure. One possibility is that perhaps K1 visa holders used to be allowed to come and go in the past. This is just conjecture though. And it still doesn't excuse the ignorance.

[military-wife 9]

lies! don't believe that officer. K1 visa is only one entry thats it

[kenikki 26]

9 minutes ago, geowrian said:

Did he stamp the passport and mark K-1? If so, the K-1 visa itself is no longer valid since it is single use.

 

Technically a new K-1 visa can be issued by the consulate for the 90 days from the original K-1 entry so long as you are not married yet, although this can be difficult to obtain in practicality so it is not something to rely on. Marry, obtain AP, then you can travel as needed with minimal worry.

He stamped three times... Once over the visa, one on the page above it (indicating class as K-1), and once on the i-94.

He circled the "1" under "Entries" on the visa and drew arrows to two of the wet stamps.

The i-94 also clearly indicates "SINGLE USE."

Where he got his information from, I do not know... 🤦‍♀️

[Roel 7,193]

It's sad, because there will be always someone who will believe that officer and might leave before filing for AP or green card. And then they won't be able to come back.

[JoannaV 174]

56 minutes ago, geowrian said:

Technically a new K-1 visa can be issued by the consulate for the 90 days from the original K-1 entry so long as you are not married yet, although this can be difficult to obtain in practicality so it is not something to rely on. Marry, obtain AP, then you can travel as needed with minimal worry.

Maybe he read that somewhere and was so proud of his knowledge that he wanted to tell everyone? Without knowing anything about the actual "doing" of any of it.
It always upsets me when I hear about people getting misled by official sources.

[Chris Duffy 1,257]

It seems as if the CBP agent don't really know much.

 

Couple years ago I entered Minnesota with my fiancé on a K1 from Philippines.   I was asked if I had filed my taxes for last year, which I replied yes.

 

Then she told us once we got married within the 90 days to go to the USCIS office in Dallas (Closet to my city) and file for AOS. I just said ok and have a nice day.

 

 

 

 

Edited September 5, 2018 by Chris Duffy

[Lemonslice 4,989]

I think he might have been talking about this:

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html

 

[kemm360 144]

6 hours ago, kenikki said:

Thank you for confirming. He had me second guessing myself because he was quoting what I assumed was their official handbook or something.

 

Lol, my thoughts exactly. When he asked about the one time entry, I was like, yes... That is happening like right now when I requested entry....

 

 

This just upsets me so much because this process is long and confusing enough as it is. Official officers should not be providing incorrect information. I'm not sure if it's worth my time to call them again and ask why this officer would provide such information (I've called previously and they were very curt).

Why is it confusing? Are you thinking of going back to Canada? Just go ahead with your process. Don’t let one incompetent devil make you start the K1 process all over... When i came in the CBP Officer at LAX Airport asked me for immigration parcel, also asked when we were getting married i told him sometime next month since i have to be here first to get a date from courthouse, he smiled and he also asked me what job do i do, he then stamped my passport on class of K and when it’s valid till(90 days), circled the 1 entry printed on my VISA which meant to me that i should open my eyes... And i was off to bag claim 😉

Edited September 5, 2018 by kemm360

[kenikki 26]

14 minutes ago, kemm360 said:

Why is it confusing? Are you thinking of going back to Canada? Just go ahead with your process. Don’t let one incompetent devil make you start the K1 process all over... When i came in the CBP Officer at LAX Airport asked me for immigration parcel, also asked when we were getting married i told him sometime next month since i have to be here first to get a date from courthouse, he smiled and he also asked me what job do i do, he then stamped my passport on class of K and when it’s valid till(90 days), circled the 1 entry printed on my VISA which meant to me that i should open my eyes... And i was off to bag claim 😉

I meant the K1 process in general is confusing (not confused about returning to Canada).

[jan22 3,068]

1 hour ago, Lemonslice said:

I think he might have been talking about this:

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html

 

You're right...and so was the officer.  In theory, since the K-1 is a non-immigrant visa, your unexpired I-94 should be accepted for return to the US after a quick trip to Canada (or Mexico or part of the Caribbean) under the automatic revalidation program, if you meet all the other requirements for the program. You wouldn't be using the visa for entry, you would be revalidating your already authorized status during the time period of your original I-94. That's why the officer said you could do that until after you were married. Once married, you no longer meet the requirements for entry in K-1 status and would not be able to enter in that status again, making the I-94 invalid for re-entering under the automatic revalidation program.

 

I, personally, would not take a chance and risk not being readmitted. There are too many details and exceptions in the automatic revalidation program that you always risk not being eligible because of a clause you didn't know about. Plus, there are a lot of Port of Entry officers who are unfamiliar with the program who would/could easily deny reentry with just the I-94, since they don't see it often.  And, you would need to be able to convince the officer that you had not yet gotten married -- always difficult to prove the negative.   In my opinion, it's just not worth it.