Can Canadians vacation in US while K1 is pending?

[Kalifornia 0]

Hi all - sorry, I couldn't find the answer using the search function. I have an important question...

My GF (currently in Canada) and I will finally be ready to file our K1 sometime in April. She and her former husband parted ways years ago, but because of cost (and her not thinking she'd ever re-marry) they didn't get a divorce. Well they filed a few weeks ago, and long story short her divorce should be final in April, May at the latest.

Now to my question: We want to file our K1 pretty much the day after her divorce is final, which would be April or May. We had a family vacation planned (she has kids) to Disney for Dec of '08, that thanks to my job, just got pushed forward to Oct of '08.

Knowing that the K1 is averaging 6-8 months these days, that puts her here sometime between mid-Oct and mid-Dec. What if the K1 doesn't come through in time? Will the U.S. still let her in temporarily (1 week) for a previously-planned vacation? I heard no, that she has to wait. But the other day a lawyer told me she was "pretty sure" that because my GF is Canadian and doesn't need a Visa to enter, her and the kids will be okay coming here for vacation during the K1 waiting period as long as she can provide "proof of intent" to return home to Canada. I would imagine the fact that she hadn't sold her home yet, had round trip tickets, etc., would suffice. Would it, or would she need something more?

That all said, CAN she travel to the U.S. for vacation during the K1 waiting period?

Thanks so much for any advice!

Edited March 7, 2008 by Kalifornia

[YuAndDan 153]

FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

[Sal and Jay 2]

There is always the possiblity of when travelling that you may be refused entry whether a visa is processing or not.

Make sure she carries proof of ties to her country, like employer letter expecting her to return on a certain date, rent aggreement etc. She should be fine, just ask the questions the immigration ask and dont offer any other information.

I hope this helps

[Krikit 1,166]

Your lawyer is correct, Kalifornia. Many of us have travelled without any problem whatsoever. Here is a good link for additional information: K-1 Visitation FAQ's

[Kalifornia 0]

Thanks so much for the responses! That's a relief. It's nice to know that if she's just honest and answers everything correctly they'll probably let her in.

One other question: Because airfare is much cheaper out of Seattle than it is Vancouver, to save money she often flies out of SEA. She lives close to the border so it's only a 2 hour drive. Will that pose any problems you think? She actually did that very thing (flying out of SEA) with her kids on our last family vacation, but last time we didn't have a K1 pending! I'm just worried because when she's asked for "proof of intent" to return, and she shows her round trip tickets to the guy at the border, it will obviously have her "returning" from the U.S. to the U.S. - But I live 1000 miles away from Seattle, so maybe that will help show she's not trying to pull a fast one?

[Krikit 1,166]

It's not a problem, Kalifornia. Most of my flights originated out of Buffalo. The Americans are used to the Canadians flying out of the US airports because it's so much cheaper. I never had a problem. I just had to show them my return ticket once or twice.

[YuAndDan 153]

Thanks so much for the responses! That's a relief. It's nice to know that if she's just honest and answers everything correctly they'll probably let her in.

One other question: Because airfare is much cheaper out of Seattle than it is Vancouver, to save money she often flies out of SEA. She lives close to the border so it's only a 2 hour drive. Will that pose any problems you think? She actually did that very thing (flying out of SEA) with her kids on our last family vacation, but last time we didn't have a K1 pending! I'm just worried because when she's asked for "proof of intent" to return, and she shows her round trip tickets to the guy at the border, it will obviously have her "returning" from the U.S. to the U.S. - But I live 1000 miles away from Seattle, so maybe that will help show she's not trying to pull a fast one?

Many cross-border relationships tend to be the driving back and forth through the land POE, the FAQ will give you a list of suggested evidence to have handy to show the POE officer.

[nathandace 0]

Hi all - sorry, I couldn't find the answer using the search function. I have an important question...

My GF (currently in Canada) and I will finally be ready to file our K1 sometime in April. She and her former husband parted ways years ago, but because of cost (and her not thinking she'd ever re-marry) they didn't get a divorce. Well they filed a few weeks ago, and long story short her divorce should be final in April, May at the latest.

Now to my question: We want to file our K1 pretty much the day after her divorce is final, which would be April or May. We had a family vacation planned (she has kids) to Disney for Dec of '08, that thanks to my job, just got pushed forward to Oct of '08.

Knowing that the K1 is averaging 6-8 months these days, that puts her here sometime between mid-Oct and mid-Dec. What if the K1 doesn't come through in time? Will the U.S. still let her in temporarily (1 week) for a previously-planned vacation? I heard no, that she has to wait. But the other day a lawyer told me she was "pretty sure" that because my GF is Canadian and doesn't need a Visa to enter, her and the kids will be okay coming here for vacation during the K1 waiting period as long as she can provide "proof of intent" to return home to Canada. I would imagine the fact that she hadn't sold her home yet, had round trip tickets, etc., would suffice. Would it, or would she need something more?

That all said, CAN she travel to the U.S. for vacation during the K1 waiting period?

Thanks so much for any advice!

Hi Kalifornia,

That was one of my biggest concearns as well...my lawyer told me that it isn't a problem to visit my fiance while im going through the K1 process as long as I can provide proof of when I would be comming back into Canada(ie. tickets, work, family, bills). They just want to see that your not going to remain in the US, because it draws attention and suspicion. I have not had any problems with traveling.

[Kathryn41 3,205]

Shouldn't be a problem - I travelled across to Detroit and flew from and to there regularly when I was visiting my then fiance in Atlanta - as well as crossing the border to go to the airport to pick him up. I just made sure I had my file folder with a copy of my K-1 application along with the proof of my ongoing residence in Canada. I was pulled into secondary inspection twice and then allowed to proceed when they had reviewed my evidence. Make sure she has a letter of permission from the children's father to bring them across the border as well showing that he is aware they are going to Disney World and will be returning to Canada in a week.