Using a tourist visa while in possession of a K-1 visa

[Travis1111 5]

Hello. I'm writing to seek clarification on a question regarding my K-1 visa. I have searched but have not been able to find a clear answer to this question in this forum or anywhere online.

 

I am a Canadian citizen. I have received a K-1 nonimmigrant visa. I have not activated my K-1 visa.

 

While in possession of a K-1 visa, am I allowed to enter the U.S. on a tourist visa for a short stay in America for the purpose of tourism (a concert)?

 

Thank you for your help.

[Lil bear 4,234]

7 minutes ago, Travis1111 said:

Hello. I'm writing to seek clarification on a question regarding my K-1 visa. I have searched but have not been able to find a clear answer to this question in this forum or anywhere online.

 

I am a Canadian citizen. I have received a K-1 nonimmigrant visa. I have not activated my K-1 visa.

 

While in possession of a K-1 visa, am I allowed to enter the U.S. on a tourist visa for a short stay in America for the purpose of tourism (a concert)?

 

Thank you for your help.

I always thought that it would not be possible .. that your next entry after receiving the visa in your passport would require you to enter using it ... but there have been a couple of recent posts reporting that they were able to enter as a visitor .. memory says from Canada , at least one was a land crossing , and I think another was discussed at interview with the IO and some agreed notation entered by the IO to allow this. 

Try a search on the vj site using key  words .. 

[C90 376]

11 minutes ago, Travis1111 said:

Hello. I'm writing to seek clarification on a question regarding my K-1 visa. I have searched but have not been able to find a clear answer to this question in this forum or anywhere online.

 

I am a Canadian citizen. I have received a K-1 nonimmigrant visa. I have not activated my K-1 visa.

 

While in possession of a K-1 visa, am I allowed to enter the U.S. on a tourist visa for a short stay in America for the purpose of tourism (a concert)?

 

Thank you for your help.

Once you cross the border with the K1 in your passport, CBP will admit you under that category. 

[Going through 5,671]

It's possible but not probable---I've seen it happen before with  a couple of Canadian friends (maybe because we share the border, and frequency of travel is greater back and forth), however chances are higher that CBP will admit you as a K1 once they see the stamp in your passport.

Edited April 30, 2019 by Going through

[Travis1111 5]

Here is an answer to this question that I just received from the US Consulate in Montreal. I do not read this as providing a clear answer and remain confused.
 

"Granting entry to the USA is the exclusive discretion of the Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry.

 While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor, a temporary worker, or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor, a temporary worker, or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

Please contact CBP for further inquiries on U.S. border crossing requirements http://www.cbp.gov/contact

We hope that this information is helpful in replying to your inquiry.

Please let us know if we can be of further assistance."

[Going through 5,671]

Well the response you got was more about crossing the border with the intent to stay and adjust status under other visas, and lying about that...when you enter under the K1 the officer at CBP already knows your intent is to marry and stay to adjust status later on...which is fine with a K1.

Edited April 30, 2019 by Going through

[Sweetdreaming 397]

had a scan through the forum, and it seems once K1 is issued, the CBP officer will want to use it. 

 

 

 

Edited April 30, 2019 by skjourney

[geowrian 22,337]

10 minutes ago, Travis1111 said:

Here is an answer to this question that I just received from the US Consulate in Montreal. I do not read this as providing a clear answer and remain confused.
 

"Granting entry to the USA is the exclusive discretion of the Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry.

 While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor, a temporary worker, or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor, a temporary worker, or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

Please contact CBP for further inquiries on U.S. border crossing requirements http://www.cbp.gov/contact

We hope that this information is helpful in replying to your inquiry.

Please let us know if we can be of further assistance."

Long answer to a question not asked. Typical. /facepalm

[Hypnos 6,576]

I got a similar non-answer once from the DoS about something. I replied and straight up called them out on it, asking for a direct answer to my (very simple) question, instead of a blurb from someone who read only the first sentence. 

 

That made them actually reply with a proper answer. 

[payxibka 10,045]

This question is asked frequently in the Canadian regional forum.  You should look there for previous discussions 

 

Land crossing has been the only place that has been reported as having success crossing that way.  Air crossings not so.

[Ontarkie 14,236]

~~Moved to the Canada forum, from K1 P&P - As this topic has come up multiple times here.~~

 

 

As mentioned above that this is possible for Canadians more so then others. Many of the previous discussion mention leaving the Sealed envelope at home. Now with Electronic packages being implemented this may make things harder.  

 

 

[NicoleS 189]

Why risk invalidating your K1 visa? Or risk not being able to leave the US once you enter? I wouldn't even try to do that personally. Whatever concert you want to go to isn't worth the risk to me. Just move and use your K1, or miss the concert.

[inrainbows 2]

my husband is in the same boat, canadian citizen and was just granted temp 1551 (greencard) in his passport...i have a wedding to attend in the US in May and I would like for him to attend but am worried CBP will activate his greencard and then he will need to quit his job in canada and move...

[Travis1111 5]

I asked the U.S. Consulate for clarification in response to the message they sent me that I shared previously in this thread. Here's the Montreal consulate's second response:

 

"Citizens of Canada traveling to the United States do not require nonimmigrant visas, except for certain limited purposes. Citizens of Canada will need to meet other entry requirements, based on their purpose of travel. For details, please see  https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-of-canada-and-bermuda.html 

Granting entry to the USA is the exclusive discretion of the Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor, a temporary worker, or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor, a temporary worker, or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S. Please contact CBP for further inquiries on U.S. border crossing requirements http://www.cbp.gov/contact"

 

This morning, I also spoke on the phone with U.S. Citizenship and Immigration (800.375.5283). Here's what they told me:

 

“You can only be under on status at a time....If someone petitioned for you and you have a K-1 fiancé visa now, if you go to enter, I can’t guarantee they are going to admit you as a visitor as opposed to the fiancé.”

"If you go to enter, you still go through the border protection there where you cross over. Generally, as a Canadian, you’re not required to have a visa just to visit. But if you already have the K-1, whether or not they are going to admit you under the Canadian visa waiver or the K-1, I really cannot guarantee that.”

“As a Canadian, you don’t necessarily have to have a visa. But when you go through the checkpoint there and enter, whether or not they are going to consider you entering just as Canadian visitor or the fiancé, since you have the valid K-1, that’s something I would tell you to ask them [Customs and Border Protection] that. Because if you do enter on the K-1, you have to get married within that 90 days.”

 

I have not been able to get a response from U.S. Customs and Border Protection.

[geowrian 22,337]

11 minutes ago, inrainbows said:

my husband is in the same boat, canadian citizen and was just granted temp 1551 (greencard) in his passport...i have a wedding to attend in the US in May and I would like for him to attend but am worried CBP will activate his greencard and then he will need to quit his job in canada and move...

The items in bold are contradictory. If he already has an immigrant visa endorsed by CBP, then that is a green card valid for 1 year. His green card is "activated" already.

If he only has an immigrant visa in his passport, then they will presumably endorse it on his next visit to the US (barring possibly entry via land).

 

If he does have an immigrant visa, he is allowed to return to Canada so long as he maintains permanent residency in the US. A few months or so is not an issue. After 6 months or so abroad, then it may start raising concerns.

The largest issue would presumably be healthcare coverage. Once he enters the US as an immigrant, he can't make use of foreign benefits that require residency.

 

6 minutes ago, Travis1111 said:

This morning, I also spoke on the phone with U.S. Citizenship and Immigration (800.375.5283). Here's what they told me:

 

“You can only be under on status at a time....If someone petitioned for you and you have a K-1 fiancé visa now, if you go to enter, I can’t guarantee they are going to admit you as a visitor as opposed to the fiancé.”

"If you go to enter, you still go through the border protection there where you cross over. Generally, as a Canadian, you’re not required to have a visa just to visit. But if you already have the K-1, whether or not they are going to admit you under the Canadian visa waiver or the K-1, I really cannot guarantee that.”

“As a Canadian, you don’t necessarily have to have a visa. But when you go through the checkpoint there and enter, whether or not they are going to consider you entering just as Canadian visitor or the fiancé, since you have the valid K-1, that’s something I would tell you to ask them [Customs and Border Protection] that. Because if you do enter on the K-1, you have to get married within that 90 days.”

Wow, USCIS phone support got it right. It's a miracle. 😆

Edited April 30, 2019 by geowrian