"One Entry" on the K-1 Visa

[kemm360 144]

58 minutes ago, kenikki said:

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

Oh yes it is very confusing and complicated but worth it at the end... What i realize is these officers are experienced than themselves. Maybe the person that attended to you was just hired recently lol. Like who reads a job manual on duty  

[Sarah&Facundo 595]

2 hours ago, Chris Duffy said:

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.

 

 

 

 

Actually this just happened to me too!! I flew in with my husband in March with a connection in Miami where he got processed. The officer also told us within 90 days we need to go to the USCIS office in New York to apply for AOS!! I said we are in NJ and he told us our closest office is in NYC but I must go there in person to fill out the application! WHAT?!

Edited September 5, 2018 by Sarah&Facundo

[Barry Krebs 13]

The way it works:  You enter one time with the K1, get married within 90 days and then apply for adjustment of status to permanent resident.  To leave now without getting married is a big no no.  This is one of the many drawbacks of this Visa (no freedom to travel) plus you cannot work until you adjust status to conditional two year permanent resident.  That being said, you can apply for temporary work authorization and advance parole for travel after you file for adjustment of status.  However in your case,  if you are already in the US, get married as planned and leave to apply for your green card at the US consulate in Montreal.  I would also suggest you consult with a qualified and competent US immigration attorney who can help you get this matter straightened out, but do it before you proceed further.  You would think DHS border inspector would know better but that is not necessarily the case.  Unfortunately you have the burden of proof.  That also means that you  should have done your homework before embarking on this process.  There is plenty of information on the K1 Visa process and how it works.  I almost embarked on it myself till I realized there was more restrictions to it then obtaining a CR1 spousal visa.  Best of luck from a fellow Canadian originally from Toronto.   

Edited September 5, 2018 by Barry Krebs

[mushroomspore 3,044]

48 minutes ago, Barry Krebs said:

The way it works:  You enter one time with the K1, get married within 90 days and then apply for adjustment of status to permanent resident.  To leave now without getting married is a big no no.  This is one of the many drawbacks of this Visa (no freedom to travel) plus you cannot work until you adjust status to conditional two year permanent resident.  That being said, you can apply for temporary work authorization and advance parole for travel after you file for adjustment of status.  However in your case,  if you are already in the US, get married as planned and leave to apply for your green card at the US consulate in Montreal.  I would also suggest you consult with a qualified and competent US immigration attorney who can help you get this matter straightened out, but do it before you proceed further.  You would think DHS border inspector would know better but that is not necessarily the case.  Unfortunately you have the burden of proof.  That also means that you  should have done your homework before embarking on this process.  There is plenty of information on the K1 Visa process and how it works.  I almost embarked on it myself till I realized there was more restrictions to it then obtaining a CR1 spousal visa.  Best of luck from a fellow Canadian originally from Toronto.   

Why would she leave the US to get her green card???? That's absolutely NOT her plan at all and it shouldn't be as K1 visa holders are instructed to remain in the US to apply for their green card. There's a guide for K1 right here on this website. She doesn't need an attorney.

[Jenny17655 284]

11 hours ago, Roel said:

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.

thats probably how he has his fun. tricking people into blowing their whole entire visa!!!! smh

[Shiran 1,134]

1 hour ago, Jenny17655 said:

thats probably how he has his fun. tricking people into blowing their whole entire visa!!!! smh

As the saying goes, don't attribute to malice what can be adequately explained by incompetence. I mean, do you expect TSA agent to know everything there is about security procedures, and dangerous threats? Same goes for rank and file PoE officer. At least I hope that is the case for his sake. Routine lack of training/incompetence vs. intentional malice. 

[Loren Y 2,755]

As I look at the visa, I think it explains it right on the actual visa itself. Entries   1    . Pretty easy for me to understand. Obviously not easy enough for the CBP officer.........See red circle

 

Edited September 5, 2018 by Loren Y

[Lemonslice 4,843]

21 minutes ago, Loren Y said:

As I look at the visa, I think it explains it right on the actual visa itself. Entries   1    . Pretty easy for me to understand. Obviously not easy enough for the CBP officer.........See red circle

 

Because it's not accurate for all situations - I've posted the link and jan22 has added details.

[Loren Y 2,755]

5 minutes ago, Lemonslice said:

Because it's not accurate for all situations - I've posted the link and jan22 has added details.

• Nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
• Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.

Well, Guess I'll try this out. Were flying into LAX and I wouldn't mind a quick trip to Mexico since we will only be an hour and a half away. I'll take one for the team and test it out in November. I'll make sure I print a copy of the I94 to bring with.

[Diane and Chris 651]

30 minutes ago, Loren Y said:

• Nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
• Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.

Well, Guess I'll try this out. Were flying into LAX and I wouldn't mind a quick trip to Mexico since we will only be an hour and a half away. I'll take one for the team and test it out in November. I'll make sure I print a copy of the I94 to bring with.

Sure you will!  Go ahead and jeopardize everything you two have worked towards!  Lol!

[mushroomspore 3,044]

40 minutes ago, Loren Y said:

• Nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
• Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.

Well, Guess I'll try this out. Were flying into LAX and I wouldn't mind a quick trip to Mexico since we will only be an hour and a half away. I'll take one for the team and test it out in November. I'll make sure I print a copy of the I94 to bring with.

I would strongly advise against this.

 

EDIT: Because I think that the CBP agent the OP encountered is the exception, not the rule. I really believe the majority of CBP agents are not aware of this "special circumstance" regarding the I-94. Please don't jeopardize your entire process.

Edited September 5, 2018 by mushroomspore

[Loren Y 2,755]

WHAT? Your saying a member on here may have given bad information. Say it isn't so! LOL

[mushroomspore 3,044]

6 minutes ago, Loren Y said:

WHAT? Your saying a member on here may have given bad information. Say it isn't so! LOL

LOL, well I mean, there's the other post above on this same page....

Edited September 5, 2018 by mushroomspore

[Loren Y 2,755]

Actually to verify this without risking anything I emailed my Long time friend from High school who is a CBP officer at the San Ysidro,CA border crossing. I have been abusing him thru the whole process actually, but I sent him the link and asked for his input on it. He called me back and said he is off today, but is at work tomorrow at around 10am, so he is going to check. He knew exactly what book the OP was posting about that the CBP officer looked into for reference, he said they have them at about every counter. He is going to check his book and ask the big cheese his input on it.  He seemed to think it was all in reference to when the I94 went electronic, and he thinks it is worded improperly on the website. He has been admitting people at POE for over 16 years and he has never seen someone get back in with a K1 Visa that was already used... Never. You leave after you enter, you do not get back in. Well, he did say not without a new visa issued from the consulate like the other poster stated, but he has never seen that happen. But I will post what he says tomorrow afternoon. Not that he is the end all in rules and regulations, but he speaks from years of experience, and he wouldn't steer me wrong, Not if he wants a place to crash when he comes to Vegas in October to see Ozzy Osbourne at the MGM. LOL!

[Ryan H 3,812]

~~Hijack post removed; if you have your own question, you need to start your own thread.~~