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sbgagne

Traveling to U.S after Visa issued

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Hi all,

I seem to remember this being addressed before but could not find the post. My fiancee received here K1 interview appt on Nov 8th. Due to work commitments she will not be moving down until the 1st week of January 2008.

The questions I have are:

1) Does the consulate keep her passport at the interview and mail the passport back with the visa in the passport, or do they just mail the K1 visa and you insert it in the passport yourself?

2) If the visa is issued and put in her passport by the consulate can she still travel with her passport and choose not to activate the visa at the POE ( provided all other entry requirements are meet)?

Thanks,

Stacy

I-129F / K-1

03/24/2007 - Mailed I-129F

03/29/2007 - Arrived in Texas

04/04/2007 - NOA1 Sent, Case transferred to CSC

04/09/2007 - NOA1 Received via USPS

06/28/2007 - Touched

06/29/2007 - NOA2

07/09/2007 - NOA2 Recieved by USPS

07/20/2007 - NVC sent Packet to Montreal Consulate

07/23/2007 - Letter dated 07/23/2007 saying that Packet was sent to Montreal Consulate

07/26/2007 - Letter from NVC saying that Packet was sent to Montreal Consulate received

08/03/2007 - Packet 3 Received from Montreal Consulate

08/20/2007 - Packet 3 Checklist mailed to Montreal Consulate

08/21/2007 - Packet 3 Checklist received at Montreal Consulate

11/08/2007 - Interview Scheduled for this date!!

11/08/2007 - K1 Visa Approved!!!

11/22/2007 - Visa received (Delay was our own)

12/31/2007 - US Entry and K-1 activation

01/20/2007 - US Marriage :)

AOS/AP/EAD

02/22/2008 - AOS/AP/EAD filed

02/29/2008 - AOS/AP/EAD NOA's dated this date

04/15/2008 - Biometrics

04/29/2008 - EAD Approved

05/03/2008 - AP approved

05/07/2008 - EAD card received in mail

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1) they keep the passport and mail her the visa in the passport the following week

2) you MAY be able to but it's really up to the immigration guy she'd get.

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1) they keep the passport and mail her the visa in the passport the following week

Thanks, that is the way I understood it from the letter she got.

2) you MAY be able to but it's really up to the immigration guy she'd get.

Fortunately of unfortunately like everything else about crossing the border it seems to be to the inspectors discretion.

Thanks again,

Stacy

Edited by fla_guy06

I-129F / K-1

03/24/2007 - Mailed I-129F

03/29/2007 - Arrived in Texas

04/04/2007 - NOA1 Sent, Case transferred to CSC

04/09/2007 - NOA1 Received via USPS

06/28/2007 - Touched

06/29/2007 - NOA2

07/09/2007 - NOA2 Recieved by USPS

07/20/2007 - NVC sent Packet to Montreal Consulate

07/23/2007 - Letter dated 07/23/2007 saying that Packet was sent to Montreal Consulate

07/26/2007 - Letter from NVC saying that Packet was sent to Montreal Consulate received

08/03/2007 - Packet 3 Received from Montreal Consulate

08/20/2007 - Packet 3 Checklist mailed to Montreal Consulate

08/21/2007 - Packet 3 Checklist received at Montreal Consulate

11/08/2007 - Interview Scheduled for this date!!

11/08/2007 - K1 Visa Approved!!!

11/22/2007 - Visa received (Delay was our own)

12/31/2007 - US Entry and K-1 activation

01/20/2007 - US Marriage :)

AOS/AP/EAD

02/22/2008 - AOS/AP/EAD filed

02/29/2008 - AOS/AP/EAD NOA's dated this date

04/15/2008 - Biometrics

04/29/2008 - EAD Approved

05/03/2008 - AP approved

05/07/2008 - EAD card received in mail

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if one carries "tons" of ties to canada, it "shouldn't" be a problem.. but then again, it's just luck of the draw...

you could always try.

I would be too pissed if they turned me away to try though..

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Filed: AOS (apr) Country: Canada
Timeline

Yeah, you can definitely try. Anytime you cross the border the final decision is always up to the individual officer. Hope for the best but be prepared for the worse. Well the alternative really isn't that bad since she will have a visa in hand and she can move there when she chooses to! :)

K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.

AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)

2007-04-17: Received at Chicago

2007-04-23: NOA1 date (both)

2007-05-10: Biometrics appointment (both - Biometrics review)

2007-06-05: AOS interview letter date

2007-06-13: AOS interview letter received in mail

2007-07-03: EAD card production ordered

2007-07-07: EAD card received! (yay!)

2007-08-23: AOS interview (Documents / Interview review)

2007-08-23: Green card production ordered!!!

2007-08-24: Welcome notice mailed!

2007-08-27: Green card production ordered again... ?

2007-08-28: Welcome notice received!

2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

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Yeah, you can definitely try. Anytime you cross the border the final decision is always up to the individual officer. Hope for the best but be prepared for the worse. Well the alternative really isn't that bad since she will have a visa in hand and she can move there when she chooses to! :)

Oh we are definetly going to try. I guess that is the nice thing about US Customs being at Dorval. I the USC get the questions coming back to the U.S :rolleyes:

I-129F / K-1

03/24/2007 - Mailed I-129F

03/29/2007 - Arrived in Texas

04/04/2007 - NOA1 Sent, Case transferred to CSC

04/09/2007 - NOA1 Received via USPS

06/28/2007 - Touched

06/29/2007 - NOA2

07/09/2007 - NOA2 Recieved by USPS

07/20/2007 - NVC sent Packet to Montreal Consulate

07/23/2007 - Letter dated 07/23/2007 saying that Packet was sent to Montreal Consulate

07/26/2007 - Letter from NVC saying that Packet was sent to Montreal Consulate received

08/03/2007 - Packet 3 Received from Montreal Consulate

08/20/2007 - Packet 3 Checklist mailed to Montreal Consulate

08/21/2007 - Packet 3 Checklist received at Montreal Consulate

11/08/2007 - Interview Scheduled for this date!!

11/08/2007 - K1 Visa Approved!!!

11/22/2007 - Visa received (Delay was our own)

12/31/2007 - US Entry and K-1 activation

01/20/2007 - US Marriage :)

AOS/AP/EAD

02/22/2008 - AOS/AP/EAD filed

02/29/2008 - AOS/AP/EAD NOA's dated this date

04/15/2008 - Biometrics

04/29/2008 - EAD Approved

05/03/2008 - AP approved

05/07/2008 - EAD card received in mail

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Filed: AOS (apr) Country: Canada
Timeline
Oh we are definetly going to try. I guess that is the nice thing about US Customs being at Dorval. I the USC get the questions coming back to the U.S :rolleyes:

Us Canadians get questioned by customs when we come back into Canada too. Customs questions only though, obviously no immigration questions. They just want to know if we bought anything we didnt declare. I think that's the same with CBP when they ask a USC what the purpose of their visit in Canada was, etc., etc. Par for the course. ;)

Edited by misa

K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.

AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)

2007-04-17: Received at Chicago

2007-04-23: NOA1 date (both)

2007-05-10: Biometrics appointment (both - Biometrics review)

2007-06-05: AOS interview letter date

2007-06-13: AOS interview letter received in mail

2007-07-03: EAD card production ordered

2007-07-07: EAD card received! (yay!)

2007-08-23: AOS interview (Documents / Interview review)

2007-08-23: Green card production ordered!!!

2007-08-24: Welcome notice mailed!

2007-08-27: Green card production ordered again... ?

2007-08-28: Welcome notice received!

2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

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Filed: AOS (pnd) Country: Canada
Timeline
This is probably the thread you were looking for.

Like I said in that post, I crossed multiple times without a problem. Having said that, though, it is entirely up to the officer at the POE.

Thanks Krikit...I almost pasted the link into this thread, shoulda known you'd beat me to it!!

Adjustment of Status / EAD / AP

Day 000: 2007-12-28 Mailed Application

Day 006: 2008-01-03 "Received Date"

Day 011: 2008-01-08 Biometrics Appt. Letter Received

Day 028: 2008-01-25 Biometrics Appt.

Day 043: 2008-02-09 AOS Notice of Interview received

Day 054: 2008-02-20 AP & EAD Approval Email

Day 059: 2008-02-25 Received AP

Day 060: 2008-02-26 EAD card production ordered

Day 063: 2008-02-29 EAD card received

Day 123: 2008-05-01 AOS Interview in Detroit!

Day 123: 2008-05-01 Approval email notice...same day as Interview!

Day 125: 2008-05-03 Card Production Notice

Day 127: 2008-05-05 Welcome to the USA Letter!

K-1 Visa Approval

Day 000: 2007-02-05 Mailed Application

Day 016: 2007-02-21 NOA1 Date

Day 087: 2007-05-03 NOA2 Date

Day 119: 2007-06-05 Received Packet 3 (Instructions)

Day 123: 2007-06-09 Returned Packet 3

Day 287: 2007-11-08 K-1 Interview at Montreal

Day 293: 2007-11-14 K1 Visa in Hand

Day 296: 2007-11-17 POE

Day 299: 2007-11-20 Wedding on St. Pete Beach, FL

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Filed: AOS (pnd) Country: Canada
Timeline

Here's a great reply to my similar question from Zyggy:

The trick is in the special status that Canadians have.. by Jay's treaty,Canadian citizens do not need a visa to enter the US for up to 6 months and vice versa. This is what makes it different that VWP. With VWP, the US has chosen to allow certain nationals into the US without the need to apply for a visa to be able to visit the US. In essence, they apply for their visa at entry (no pre-approval or screening). In this way, Canadian Citizens are very special. They have a right that no one else in the world has. CBP can revoke VWP for anyone since it is a privilege that CBP extends. They can't revoke entry without visa for Canadians since they have the right to enter without visa by treaty.

If a Canadian Citizen is entering the US for any other purpose than to visit, a visa is required.

When you get a K1 visa, you have put the US Government on notice of your intention. The question is of intent... once you get the K1, you have a visa that says "I 'm going to live in the US". That no longer makes you a visitor with strong ties to Canada.

For schitts n grins, I called both the Detroit Tunnel and the Ambassador Bridge. Tunnel guy says Doug HAS to activate the K1 on his next trip over to US, and ....you guessed it.....the Bridge guy said NOPE....just make sure you don't have anything with you and prove ties to Canada....neither one of these fine guards would give me a badge # of course :wacko:

Adjustment of Status / EAD / AP

Day 000: 2007-12-28 Mailed Application

Day 006: 2008-01-03 "Received Date"

Day 011: 2008-01-08 Biometrics Appt. Letter Received

Day 028: 2008-01-25 Biometrics Appt.

Day 043: 2008-02-09 AOS Notice of Interview received

Day 054: 2008-02-20 AP & EAD Approval Email

Day 059: 2008-02-25 Received AP

Day 060: 2008-02-26 EAD card production ordered

Day 063: 2008-02-29 EAD card received

Day 123: 2008-05-01 AOS Interview in Detroit!

Day 123: 2008-05-01 Approval email notice...same day as Interview!

Day 125: 2008-05-03 Card Production Notice

Day 127: 2008-05-05 Welcome to the USA Letter!

K-1 Visa Approval

Day 000: 2007-02-05 Mailed Application

Day 016: 2007-02-21 NOA1 Date

Day 087: 2007-05-03 NOA2 Date

Day 119: 2007-06-05 Received Packet 3 (Instructions)

Day 123: 2007-06-09 Returned Packet 3

Day 287: 2007-11-08 K-1 Interview at Montreal

Day 293: 2007-11-14 K1 Visa in Hand

Day 296: 2007-11-17 POE

Day 299: 2007-11-20 Wedding on St. Pete Beach, FL

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