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Sam Burns

Traveling to the US via Toronto with K1 visa question

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Filed: K-1 Visa Country: Poland
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Hi, if you’re coming to the US after receiving your K1 visa, is it ok to come in via Toronto, given they’ve been handling US immigration there since the 50s?

Or should we just make sure to come in via a mainland US city?

 

Thanks!

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Filed: Citizen (apr) Country: Myanmar
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1 hour ago, Sam Burns said:

it ok to come in via Toronto

Yes it is. But understand that K-1 is a single entry visa. Supposr between the visa stamping and departure of the flight, something like a flight cancelation occurs, I cannot predict that you will ultimately be permitted into the U.S. 

 

How much less money is the air ticket through Toronto?

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Filed: K-1 Visa Country: Poland
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24 minutes ago, Mike E said:

Yes it is. But understand that K-1 is a single entry visa. Supposr between the visa stamping and departure of the flight, something like a flight cancelation occurs, I cannot predict that you will ultimately be permitted into the U.S. 

 

How much less money is the air ticket through Toronto?

It wasn’t so much about the price as the fact that Toronto was an option and I didn’t think there’d be an issue with immigration. But also if the onward flight was canceled then you wouldn’t have entered the US yet, you’d be at the airport still waiting for the next flight.

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Filed: Citizen (apr) Country: Myanmar
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29 minutes ago, Sam Burns said:

you’d be at the airport still waiting for the next flight.

If there are no more available seats and/or flights for the day,  you appear to be assuming you will be able to spend the evening in the trans border area of the airport. That night not be valid assumption. Instead guards might sweep the area and evict you.

 

Or you take ill and have to go to the hospital.

 

Or your airline goes out of business.

 

32 minutes ago, Sam Burns said:

wasn’t so much about the price as the fact that Toronto was an option

 So you are seeking an unnecessary travel adventure.
 

 

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Filed: K-1 Visa Country: Poland
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5 minutes ago, Mike E said:

If there are no more available seats and/or flights for the day,  you appear to be assuming you will be able to spend the evening in the trans border area of the airport. That night not be valid assumption. Instead guards might sweep the area and evict you.

 

Or you take ill and have to go to the hospital.

 

Or your airline goes out of business.

 

 So you are seeking an unnecessary travel adventure.
 

 

Jeez calm down it was a simple question. No need to invoke the apocalypse. I’d close the thread now if I could.

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Filed: Timeline

 You should have nothing to worry about. Even if you had already physically entered the US with your K-1, you have nothing to worry about, as you could benefit from a concept called "automatic revalidation" that the K-1 benefits from. This means that -- as long as your I-94 time has not elapsed, you can take a short trip of up to 30 days to either Canada or Mexico without your I-94 bring cancelled.

 

If this happens, should try to print-out your I-94 approval record, if possible -- but if you can't, you shouId still refer the offticer to the I-94 date.  And, of course, have your passport.  But, as long as you're within the time limit on the I-94 when you ask to come back and haven't become admissible to the US by doing something you shouldn't, you would be allowed reentry for the balance of the time remaining on your I-94. 

 

You may run into a border officer who is unfamiliar with this law (although i think that's more unlikely at a Canadian pre-clearance post than at other land border crossings). I would also carry a copy of the law that covers automatic revalidation (22 CFR 41.112 (d)(2): https://www.ecfr.gov/current/title-22/chapter-I/subchapter-E/part-41/subpart-K/section-41.112).   And, of course, anytime you leave the US you're taking a risk of a border official being unfamiliar with this provision of the law, or not believe that you're still planning to get married, or could decide that you have become inadmissible.  That's highly unlikely in the scenario presented here -- unless you threaten to bomb the airport because you're so upset about the flight cancellation! 

 

If your case is straightforward, however, you shouldn't have a problem.

Edited by jan22
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4 hours ago, Sam Burns said:

Hi, if you’re coming to the US after receiving your K1 visa, is it ok to come in via Toronto, given they’ve been handling US immigration there since the 50s?

Or should we just make sure to come in via a mainland US city?

 

Thanks!

Just make sure you get your visa or ETA to enter Canada, if needed.

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1 hour ago, Mike E said:

If there are no more available seats and/or flights for the day,  you appear to be assuming you will be able to spend the evening in the trans border area of the airport. That night not be valid assumption. Instead guards might sweep the area and evict you.

 

Or you take ill and have to go to the hospital.

 

Or your airline goes out of business.

 

 So you are seeking an unnecessary travel adventure.
 

 

OMG his question is primarily in regards to going through a pre clearance facility.  Your catastrophic events would be true on any itinerary that transits an airport anywhere in the world.  Not everyone has the luxury of direct flights to the USA.  

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Filed: Citizen (apr) Country: Myanmar
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18 minutes ago, IWander said:

Your catastrophic events would be true on any itinerary that transits an airport anywhere in the world.

False because not all airports are pre-clearance airports.

 

In case you did not grasp the implications of:

 

3 hours ago, Mike E said:

But understand that K-1 is a single entry visa

I will explain:

 

Case A:

 

One has a K-1 visa and books a flight from Warsaw to ORD via FRA

 

The flight to ORD is canceled, and next available seat  is a 2 days later. The K-1 holder crashes at a nearby hotel and comes back. Because the visa is not stamped as used,  the airline boards the passenger.

 

Case B:

 

One has a K-1 visa and books a flight from Warsaw to ORD via YYZ

 

The flight to ORD is canceled, and next available seat  is a 2 days later. The K-1 holder crashes at a nearby hotel and comes back. Because the visa is  stamped as used,  the airline refuses to board  the passenger.

 

 

19 minutes ago, IWander said:

Not everyone has the luxury of direct flights to the USA.  

Irrelevant and nor did I suggest that. 

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3 minutes ago, Mike E said:

False because not all airports are pre-clearance airports.

 

In case you did not grasp the implications of:

 

I will explain:

 

Case A:

 

One has a K-1 visa and books a flight from Warsaw to ORD via FRA

 

The flight to ORD is canceled, and next available seat  is a 2 days later. The K-1 holder crashes at a nearby hotel and comes back. Because the visa is not stamped as used,  the airline boards the passenger.

 

Case B:

 

One has a K-1 visa and books a flight from Warsaw to ORD via YYZ

 

The flight to ORD is canceled, and next available seat  is a 2 days later. The K-1 holder crashes at a nearby hotel and comes back. Because the visa is  stamped as used,  the airline refuses to board  the passenger.

 

 

Irrelevant and nor did I suggest that. 

Based on your reply you're naive about how the pre clearance facility actually works.  Do you know when a passenger actually gets the preclearance?  

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Filed: Citizen (apr) Country: Myanmar
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15 minutes ago, IWander said:

Based on your reply you're naive about how the pre clearance facility actually works.

I am a Canadian who has  been using pre-clearance since the 1970s.  I am familiar with its function at YVR, YYC, YEG, YWG, YYZ, YUL, and DUB. 

 

Quote

Do you know when a passenger actually gets the preclearance?  

 

Yes. Do you?

 

Your reply is ironic at best

Edited by Mike E
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Filed: Citizen (apr) Country: Morocco
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4 hours ago, Lemonslice said:

Just make sure you get your visa or ETA to enter Canada, if needed.

with a valid US visa ,,  u can transfer in Canada

go thru US preclearence there 

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100% what @Mike E said.  I would not take the risk of transferring through Canadian or any other pre clearance port.

 

I can confirm that they do not allow you to wait overnight at the gate.

 

My flight was not delayed or cancelled.  In 2019, there was an AC computer meltdown and the system lost my booking even though I had a paper boarding card and passed through US immigrations.

 

I had to buy a $1000 ticket for the next day at the airport counter as interwebs and phone help down (slept there overnight).  AC paid me back every cent eventually. 
Not easily.

 

You should not want to take that risk.

 

 

 

 

 

Edited by manyfudge
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