POE/K1 Visa Question - Canadian & Detroiter!!

[Doug n Amanda 0]

In need of some advice....we have our NOA2 (well, we have the email confirmation it was sent, but not actual doc yet), and found out my fiancee's Dad is having surgery in October. It's LIKELY that we will get the K1 Visa in July or August according to timelines...but I also read that you have 6 mo's to enter the US on the K1? Does anyone know or have used this option? Problem is, he drives truck out of Windsor to the states and crosses the border almost daily....once he has the K1, does he have to use it to enter the US? That would mean he's landlocked here until the AOS is granted, and he won't be able to take care of his Dad......?? It is so difficult having him so close (I'm in Detroit, he's in Windsor), yet so far away....would also love to hear from others in the same boat...LOL...pardon the pun....

I find it almost impossible to believe he could come and go in and out of the US for work after the K1 is entered, but he wanted me to ask! THANK YOU!!

[mozplay 28]

As far as I know (let's just repeat that ..) As far as I know, yes, you have up to 6 months to activate your visa and yes, people have gone back and forth across the border without/before activating it.

Now, seeing that your fiance is a truck driver, I would want to get some extra advice on this, as it would suck if he could not do his job.

The other thing that could be done is emergence AP, though this is not a sure thing. Once he moves to the US and you two get married, you can apply for AOS and AP (Advanced Parole - which allows him to leave the country). AP can take 30 - 90 days to get, but often, if you can prove emergency, then it is often granted sooner.

The safest bet IMHO, would be for your guy to just wait it out in Canada for a bit, before activating the visa, if he needs to be there to support his dad.

Good luck!

Mo

[Doug n Amanda 0]

Thanks, Mo....I've read about the AP document, but thought that was for one time travel only?

[Cassie 8]

Thanks, Mo....I've read about the AP document, but thought that was for one time travel only?

when applying for AP, you can check off the "multiple entry" option

[Doug n Amanda 0]

I guess it WOULD help if I'd d/l the forms first...THANKS CARRIE!!!!

[zyggy 9]

K1 and his job are NOT going to work. I'm afraid that you're in a situation where the K1 visa is not for you due to the significant restrictions on travel that come with a K1. You should be cautioned that eventhough people have gotten away with entering the US without it being activated on the Canadian land border, you should know that it is technically not permitted and is essentially the CBP officer looking the other way... any CBP officer may close that route at any time so I would not rely on it if the freedom of travel is important to you which is appears that it is...

I am also a Detroiter and worked at both the bridge and the tunnel for many years as what is now a CBP officer...

I suggest that you look into getting married first and going for a K3 or the CR-1.

Edited May 14, 2007 by zyggy

[Doug n Amanda 0]

Zyggy, you've got to be kidding me...having a panick attack here! We have already applied for K1, been approved and are waiting for his interview in Montreal....to start over now would be suicide? I'm so glad to have found you though.....his co. has said they can bring his loads to US once we're married and he's landlocked, but if he applied for AP could he still go back and forth for personal reasons? We have several events, including the holidays, he'd like to be with his family for....

1 more: once he receives his K1, does he have to use it? ie...can he still come into the states on his passport w/o using the K1???

[Amy and Brian 1]

As zyggy said, once he has the K1 Visa he cannot technically enter the US without using it.

[misa 2]

Also it appears it takes just over 2 months on average to have AP approved.

You'd have to weigh the options... have him only enter and stay on the K1 and apply for AP (I doubt he'd be able to use it to go back and forth for work with that) or scrap the K1, get married and file for a K3. I would not risk trying to go across without activating the K1.

Edited May 14, 2007 by misa

[zyggy 9]

Zyggy, you've got to be kidding me...having a panick attack here! We have already applied for K1, been approved and are waiting for his interview in Montreal....to start over now would be suicide? I'm so glad to have found you though.....his co. has said they can bring his loads to US once we're married and he's landlocked, but if he applied for AP could he still go back and forth for personal reasons? We have several events, including the holidays, he'd like to be with his family for....

1 more: once he receives his K1, does he have to use it? ie...can he still come into the states on his passport w/o using the K1???

No.. I am not kidding you... I am VERY serious... you've been caught in the mirage of the ease in which Canadians have been travelling the border... The border is a very serious and complicated place... better that you found out this now than later when you would have gone through a lot more pain in trying to work it out...

An individual can only have one visa to enter the US at a time.. for Canadians, they basically have a permanent visa to enter the US as a visitor by their Citizenship... This means that once a K-1 visa is issued, one can no longer be admitted on a visitor visa... in essence, the menas to enter the US on a visitor visa is cancelled. Even though Canadians do not require a visa to enter the US, the same principle stands. Meaning that once the K-1 is issued, once cannot enter the US as a visitor and the K-1 visa must be used on the next entry.

Also, you can't get AP right away after entering the US on a K-1, you must get married and file the I-131 with the I-485 for AOS... The I-131 typically takes between 90 and 120 days to be processed. So no crossing over the border until it is approved and you get an I-512 Advanced Parole document.

If your fiancee wishes to keep his job, then he cannot have a K-1 unless they're willing to give him about a 4 to 5 month vacation. Sorry, but that's how it goes...

You both need to make a decision on what is more important... his job, or you being together earlier. If it's his job, then you have no choice but to scrap the K-1 and move into a K-3 or CR-1...

I've been helping out a friend of mine who is also a Canadian trucker and his USC fiancee on this .. in their case, his job was more important, so they got married and just got their interview date for the GC in Montreal. It was the only way he could keep on crossing the border every day to keep his livelyhood...

Edited May 14, 2007 by zyggy

[mozplay 28]

Just wanted to say thanks to Zyggy for clearing this up and giving accurate advice, especially when mine was not so accurate.

To the OP - just to be clear as well, when I was talking about the emergency AP - it was not to work as a trucker, but rather to see his father and help him with his recovery period.

Mo

[misa 2]

Yes, thanks Zyggy for keeping us informed!

[Flames9_RN 358]

In this case would she not need a CR-1, and NOT a K3 for him to keep working, as a K3 does NOT come with work authorization where a CR-1 does?

[misa 2]

But with a K3, he could still be employed by a Canadian company, right? I think there is another K3 here who still works for her Canadian employer and has been going back and forth.

Edited May 14, 2007 by misa

[zyggy 9]

But with a K3, he could still be employed by a Canadian company, right? I think there is another K3 here who still works for her Canadian employer and has been going back and forth.

Correct.. he could still work for his Canadian employer...