K3 activation question...

[lincoln81 0]

Hi Everyone,

Its been a long time since I posted on here but I need your input. Last time I posted was when my purse was stolen and my newly issued K3 was inside. After retreiving all my documents and making new appointments and explaning etc I was issued my new K3. I had intended on moving down with Zach in September when this happened, but then I had to wait for everything to be re-issued. I ended up promising my job that I would stay until the end of the year. SO, as I've mentioned, Zach is in school down in KC and I am the only one who works so at least one of us having a job is an issue. I was planning on activating my K3 but staying in Vancouver and applying for my EAD. I thought I would travel down to see Zach and have my biometrics appointment and then when my EAD finally came, then I would move permenantly with Zach so I could start working right away and support us. Me moving down there now and waiting approx 3 months for my EAD is not possible since then neither of us would have a job.

I am pretty sure that I've read about other Canadians doing it like this here on VJ. I drove to the border yesterday and told them I wanted to activate my visa. They asked when I was planning on moving permenantly and I told them whenever I got my work authorization. I explained our situation. The officer didn't even really understand about the whole process and I found myself having to explain how long things took and what I had to do. He finally said that he couldn't activate it and they only would when I was entering the country permenantly. I was quite upset.

I don't understand because when the K3 is activated I am allowed to come and go out of the country as I please so what does it matter if I'm still living in Van for a couple months? Wouldn't they rather us be responsible when we realize that we can't live for three months with no or little income that instead of possible becoming a burden we want to ensure that our relationship has some financial support the whole way? I am a little (a lot) frustrated because of all the snags Zach and I have had. But maybe I'm wrong and you can only activate your Visa when you're moving. Sorry for the long post, but anyone know the answer to that?

Thanks everyone. Hope your journey's are going well.

[YuAndDan 153]

K-3 is valid for up to 2 years after it is issued, you can travel at any time, also K-3 is multi entry, so you can come and go several times before and during filing to adjust status.

Did you keep the CR-1 moving through NVC, since you are waiting to use the K-3 you could interview for CR-1 and then use the CR-1 visa avoiding having to adjust status from the K-3.

[lincoln81 0]

Yes, I realize that K3 is multi entry which is why I was so confused that the officer said he could only activate it if I was staying down there. That doesn't make sense to me.

I am unsure about the whole CR-1 thing. I have just planned and stuck with K3.

[YuAndDan 153]

Yes, I realize that K3 is multi entry which is why I was so confused that the officer said he could only activate it if I was staying down there. That doesn't make sense to me.

I am unsure about the whole CR-1 thing. I have just planned and stuck with K3.

The I-130 for CR-1 is probably still at NVC waiting for I-864, and DS-230+Documents (Visa fee bill) response. Check into it, it will save you some $$ as well as the hassle of filing for EAD and adjustment of status.

[jedinite 0]

What I was told with my CR-1 is that I will have to tell the POE Officer that I am activating my visa but I still have some unfinished business in Canada to tie up. It is normal for Canadians immigrating to the US to tie up loose ends like selling their homes, moving, finishing work obligations etc.

I would recommend that the next time you cross and wish to activate your K3, you tell the officer that you are intending on living in the US and there are a few things that you still need to settle in Canada. You are declaring US residency but you may be traveling to and from US to Canada in order to tie up your affairs. They shouldn't have a problem with that.

If you word it in a way that sounds like you're intending on staying in Canada they wouldn't allow you to activate your visa or they may take your visa away from you if they believe that you don't really intend on immigrating. It's all on how you say it. Good luck

[lincoln81 0]

Yes possibly if I worded things better they may have activated my visa. I decided I'm going to try again this week, perhaps it depends on the officer you are talking to as some know more than others about the visa process. The man that I had was quite unfriendly as well so that didn't make things any easier when trying to explain our situation.

[lincoln81 0]

So no one knows if the rule is: You have to be physically moving to your new US destination to activate your K3?

I just really want to have the right answer so if I try again at the border I will be correctly informed.

Thanks:)