Living in America while awaiting K1

[Scottm4211 0]

First let me say what a great resource this site is. I did a search but didn't find anything pertaining to this. Is there any drawback to living in the US with my fiance (but not working) while the K1 process is taking place or is this even possible? Being Canadian I frequently travel south and there are generally no border concerns. Thanks!

[missing.my2angels 0]

You can try but odds are if you are there all the time they will stop you at the border. That is what happened to me although I was denied a visa instead of getting stopped at the border. I guess it is just luck if you manage to stay in the us while the process is ongoing. I am sure every single one of us would stay with our loved ones if we were allowed but alas that is not the case for most of us, leaving us with heartache and anguish at months apart

Sorry I could not be more cheery. I guess if Canadians get 6 months visiting rights you could just about manage it if you are lucky with your processing times.

[DavidsPrincess 1]

The only problem I could see you having is being stopped at the border. They like to see that you have ties to Canada so that they know you will return. Other than that, I don't see any problems with staying in the US through the process...but someone with more experience may come along.

[usuklove 0]

I haven't posted on here for so long. We filed for the K1 while I was visiting USA. We got the NOA1 while I was still on the same visit. You are from Canada so it should go by fairly quickly. Then when you return to your home country you wait for the interview. NEVER overstay though, not even by a day. Immigration wise, everything worked out fine for us.

Edited December 23, 2007 by usuklove

[Scottm4211 0]

I haven't posted on here for so long. We filed for the K1 while I was visiting USA. We got the NOA1 while I was still on the same visit. You are from Canada so it should go by fairly quickly. Then when you return to your home country you wait for teh interview. If you plan on doing this, don't apply and then visit. If you did that there is a good chance they would see you have a pending visa and deny you entry. NEVER overstay though, not even by a day. Immigration wise, everything worked out fine for us.

Thanks that sounds like good advice. I've been flying down every month and have only had customs look at my return ticket.

[Krikit 1,166]

Seems to be a grey/unanswered thing. In other words, does K1 render all other previous items (tourism visa, Sentri pass, laser visa, etc) void?

It appears to depend entirely on the officer and which country you're from, Rayban, as to whether they rescind a tourist visa. I imagine the Sentri pass is somewhat like the Nexus Pass in Canada. I haven't heard of anyone's Nexus pass being rescinded during the K-1 process.

[pushbrk 14,514]

Scottm,

When you come down from Canada, do you drive across or fly?

The reason I ask is that my fiance is in a similar situation but down in Tijuana and I'm on the other side of the border in San Diego.

She has a SENTRI pass for quick and easier border crossings (still can be ugly as our crossing is the busiest land border crossing on the entire planet).

Once we file the K1 and get the first NOA, does her SENTRI pass become invalid? Does she have to quit crossing back and forth with it due to the K1 application?

Seems to be a grey/unanswered thing. In other words, does K1 render all other previous items (tourism visa, Sentri pass, laser visa, etc) void?

There certainly are ways to deal with this. Flight attendants are an example that comes to mind. I would prepare for the evenuality that entry on a K1 visa invalidates everything else until you file for AOS and have Advanced Parole though.

I would pose the question directly to the local CBP supervisor if I were you. Do it as anonymously as you can. This must be a common thing but we just don't have it come up here very often.

[Scottm4211 0]

Scottm,

When you come down from Canada, do you drive across or fly?

The reason I ask is that my fiance is in a similar situation but down in Tijuana and I'm on the other side of the border in San Diego.

She has a SENTRI pass for quick and easier border crossings (still can be ugly as our crossing is the busiest land border crossing on the entire planet).

Once we file the K1 and get the first NOA, does her SENTRI pass become invalid? Does she have to quit crossing back and forth with it due to the K1 application?

Seems to be a grey/unanswered thing. In other words, does K1 render all other previous items (tourism visa, Sentri pass, laser visa, etc) void?

I typically drive across the border and fly out of Detroit or Buffalo although will I will be flying out of Toronto in Jan. The only problem I've had was through my own stupidity when I forgot to print my whole flight itinerary out and didnt have proof of a return flight. I was sent inside the customs building and after a quick check was free to leave. Lesson learned.

[~Laura and Nick~ 5]

Best of luck Scott!!!

[lilysidiq 0]

Hi,

I am a Brit and lived with my fiance in NYC from September to December. I had no problem getting in, and it was great as we received the NOA2 on DEcember 10th and its now at the London embasso so it made it all so much easier to be together. Don't know if that helps, but just to let you know we did it and had no problems!

Lily

[chispas 0]

As already suggested, make sure you do not overstay at all. For precautions, give yourself a buffer in case any unforeseen things come up.