Entrance without K-1 being activated?

[Daly 0]

I have a question on behalf of my fiance in US who doesn't want to go through "two weddings." (Legal then a nicely planned ceremony a few months later for our families to attend.)

Once we're approved for a K-1, if I enter the US, does the K-1 have to be activated for the trip right after it's issued? He wants me to enter to work out wedding plans for four months down the line, return to Canada to wait a bit, then fly back to US at a date closer to the wedding to finally activate the K-1.

Is that allowed, or does the K-1 have to be used right away?

I honestly hope the answer is that it has to be right away, because I hate the idea of having to be apart from him again and playing the waiting game again.

[Krikit 1,165]

Hi Daly. It's possible, but it's not guaranteed. See this post.

[Otto 83]

I have a question on behalf of my fiance in US who doesn't want to go through "two weddings." (Legal then a nicely planned ceremony a few months later for our families to attend.)

Once we're approved for a K-1, if I enter the US, does the K-1 have to be activated for the trip right after it's issued? He wants me to enter to work out wedding plans for four months down the line, return to Canada to wait a bit, then fly back to US at a date closer to the wedding to finally activate the K-1.

Is that allowed, or does the K-1 have to be used right away?

I honestly hope the answer is that it has to be right away, because I hate the idea of having to be apart from him again and playing the waiting game again.

Technically the K1 is a one-time-entry visa, meaning entering the US activates it. There are tales of Canadians being able to cross back and forth without activating it, but technically they're not supposed to be able to do that.

Here's he skinny - once the visa is issued (you have it in your hands) you have 6 months to use it (enter the US). If you don't, it is considered abandoned and you would have to start over. Once you enter the US (activating the K1) you will have 90 days to get married (that's what the Visa is for right?). Once you're here (in the US) you can not leave and re-enter without a green-card or AP (advance parole) or you would likely be refused entry (again, some Canadians have been able to...).

So if you're going to do the back and forth thing - best do it before the visa...

[Krikit 1,165]

Technically the K1 is a one-time-entry visa, meaning entering the US activates it. There are tales of Canadians being able to cross back and forth without activating it, but technically they're not supposed to be able to do that.

Just to clarify.... there is no policy stating that the visa must be used at POE. Having said that, you are entirely at the mercy of the CBP officer as to how they interpret policy, Daly. I, personally, would not gamble a plane ticket if that is how you are crossing. The Immigration Officer at an airport is probably far less likely to be amenable to this than the one at a land crossing.

[missing.my2angels 0]

As a lot of others have said it is best to do the double wedding thing IMHO as this way you can make sure that there are no mistakes made and thus you would have to endure the heartache of being apart again as well as the risk of getting denied when you reapply.

[ramos96 1]

Hi,

I ran into a similar situation, my wife on her way back to Canada had a stop in the US this was before we were married, she was enroute from to Hong Kong to Canada through Chicago. I went crazy trying to find out and figure out if they were going to activate her K-1 as she went through immigration and customs to get to her connecting flight. The supervisor for immigration at O'hara told me it was basically up to the immigration officer, but usually if they see them (VISAs) they have to activate them. So long story short I would plan on them activating it if they see it. Luckily in our case the flight from Hong Kong to Chicago and then Canada was delayed, and she got a direct flight to Toronto not going through the US.

Sincerely,

Ramos

[chris4gretchen 1]

I have a question on behalf of my fiance in US who doesn't want to go through "two weddings." (Legal then a nicely planned ceremony a few months later for our families to attend.)

Once we're approved for a K-1, if I enter the US, does the K-1 have to be activated for the trip right after it's issued? He wants me to enter to work out wedding plans for four months down the line, return to Canada to wait a bit, then fly back to US at a date closer to the wedding to finally activate the K-1.

Is that allowed, or does the K-1 have to be used right away?

I honestly hope the answer is that it has to be right away, because I hate the idea of having to be apart from him again and playing the waiting game again.

he can go to canada and plan the wedding for 4 months down the road. but once you get the visa you have 6 months to use it. once you come into the USA it is highly unlikely that it wouldnt be activated , and then you have only 90 days to marry. They will want to activate the Visa since they will give it more priority than a tourist visa.

Chris

Edited December 2, 2007 by chris4gretchen

[jundp 191]

My two cents: once you get the visa, do what needs to be done for the wedding from Canada. Go to the US and then get married! No reason you can't do the legal wedding right away when you get your visa and still take 4 months to plan the fancy wedding. I think that's what a lot of people do. And you will be with him, can have already applied for AOS, and will be much happier than going back to Canada and playing the waiting game all over again.

[Krikit 1,165]

he can go to canada and plan the wedding for 4 months down the road. but once you get the visa you have 6 months to use it. once you come into the USA it is highly unlikely that it wouldnt be activated , and then you have only 90 days to marry. They will want to activate the Visa since they will give it more priority than a tourist visa.

Canadians do not receive, nor require, tourist visas.

Edited December 2, 2007 by Krikit

[Texanadian 10]

My advice to do it the simple way. That being cross the border once on your K-1 and then do a simple wedding. Go to the court and get it done. Do the fancy wedding whenever you want wherever you want later on.

I got my K-1 in December but knew I wouldn't be driving until the late-spring early summer. (Car repairs and didn't want to get stuck in snow). I REALLY WANTED to fly to the US for a visit as we hadn't seen each other in a long time. But chose not to.

When I did use the K-1 visa, I asked the border guy processing my stuff if it's possible to cross into the US for a quick visit without actually activating the K-1. He flat out said no. So in my case, I wouldn't have been able to use it.

I also wouldn't recommend trying to cross the border without activating the visa because if they decide to not let you into the country without processing the visa, they're going to take you into the room and fingerprint you and stuff because "they're not letting you into the country."

I tried to move to the USA with a K-1 visa that was 3 days expired. They said nope and fingerprinted me, typed into their computer for about 10 minutes, then sent me back home to Canada. Didn't seem to make a difference when I came back with a 2nd K-1 visa (that wasn't expired). But I did have that wondering around in my head. Will they make a big deal out of the whole incident with the 1st K-1 visa.

Edited December 2, 2007 by Texanadian

[chris4gretchen 1]

he can go to canada and plan the wedding for 4 months down the road. but once you get the visa you have 6 months to use it. once you come into the USA it is highly unlikely that it wouldnt be activated , and then you have only 90 days to marry. They will want to activate the Visa since they will give it more priority than a tourist visa.

Canadians do not receive, nor require, tourist visas.

maybe not, but they will give priority to the K visa over just coming to visit. Her K1 will be in her passport. they wont ignore it.

Chris

Edited December 2, 2007 by chris4gretchen

[Daly 0]

Thanks for all the replies, really helpful.

[Otto 83]

Canadians do not receive, nor require, tourist visas.

(also Mexico and Bermuda)