Traveling to Canada after entering US on K-1

[chris_in_nyc 0]

Apologies for posting this question a second time ... not sure if anyone noticed it in the other thread.

My fiancee received her K-1 visa and arrived in the US a few days ago (she is Canadian but was living in Asia). We have a ceremony and reception planned for early October, so we don't plan to do the AOS until then.

She would, however, like to go back to Toronto to fetch a few important things from her brother. What are the rules on this? I understand the K-1 is a single-entry visa, though I saw in the Visa FAQs that it is possible to drive to Canada/Mexico without surrendering the I-94. I'd like some clarification as I haven't been able to find any more info on this on the web.

Does anyone have experience with this?

[Of course we would otherwise just head to City Hall and try to get the AOS done sooner, but the next two weekends are our only chance to travel.]

Edited August 5, 2010 by chris_in_nyc

[Penny Lane 8,159]

Apologies for posting this question a second time ... not sure if anyone noticed it in the other thread.

My fiancee received her K-1 visa and arrived in the US a few days ago (she is Canadian but was living in Asia). We have a ceremony and reception planned for early October, so we don't plan to do the AOS until then.

She would, however, like to go back to Toronto to fetch a few important things from her brother. What are the rules on this? I understand the K-1 is a single-entry visa, though I saw in the Visa FAQs that it is possible to drive to Canada/Mexico without surrendering the I-94. I'd like some clarification as I haven't been able to find any more info on this on the web.

Does anyone have experience with this?

[Of course we would otherwise just head to City Hall and try to get the AOS done sooner, but the next two weekends are our only chance to travel.]

As far as I've understood (someone please correct me if I'm wrong), since it is a single-entry Visa, that without an Advanced Parole, she is able to leave the country but there is no guarantee they will let her back in.

Edited August 5, 2010 by Coconuts

[Tater&Bugger 3]

She cannot leave the US until she has her greencard or AP. Sorry.

... further to what coconut said. If she leaves she will need to start the process over again from step one. Leaving means forfeiting your Visa.

Edited August 5, 2010 by Tater&Bugger

[Bobby+Umit 161]

If she leaves prior to getting the AP/GC - then you will not have satisfied the K-1, and she will not be able to use that as a reason to adjust status if she leaves and re-enters the US.

You would have to pursue a different AOS method.

50/50 if they will let her back in anyway, since the K-1 is no longer around, and they do not want people "visiting" and marrying/adjusting. (she would be a visitor after the fact - again, this would fall under doing a different AOS method - since the K-1 is finished)

Do not take the chance. Get married, file for the AOS, get the AP, then travel as much as you want. (of course in the limits of the AP/AOS timeframe).

Or - have the brother visit her and have him bring the items to you - less risk.

BTW - the visa faqs were meant for multi-entry visas, not single entry like the K-1.

[chris_in_nyc 0]

Should this be revised then to be less confusing?

5.12.1)...What about visiting Canada or Mexico prior to filing for Adjustment of Status?

A...There is a way for a K1 visa holder to do this, but only if you are not married yet. After marriage, you must have Advance Parole.

If you DRIVE into Canada or Mexico (not fly), and if you do NOT surrender your I-94 (which is normally surrendered upon leaving the United States), you can re-enter the United States before the expiry date on the I-94. One newsgroup participant did that in early 1999, when he was required to take his K2 kids back into Canada in order to comply with child visitation requirements. He received conflicting answers from USCIS (INS) when researching the issue. He left and re-entered the US at the same POE (Detroit, Windsor Tunnel), and consulted with the USCIS (INS) folks there before doing it.

[chris_in_nyc 0]

We figured it wouldn't be a good idea anyway. Just curious what experience other folks have had.

Thanks for the input!

[JimVaPhuong 4,863]

Should this be revised then to be less confusing?

The rules changed after 2001.

Generally, a person with a valid non-immigrant visa may leave the US into a bordering country (Canada, Mexico, or Bermuda) for a short visit (under 30 days) and, at the discretion of CBP, be readmitted as a continuation of their original entry to the US. A person without a valid non-immigrant visa, but who has a valid I-94, may be able to have their visa automatically revalidated for a subsequent entry under the terms of the original I-94 after a visit to a bordering country of less than 30 days, at the discretion of CBP, if they originally entered with an F, J, M, or Q visa (students and cultural exchange visitors).

A K1 is canceled when you enter the US. There are no provisions for automatic revalidation of a K1 by CBP. This can only be done at the consulate that originally issued the visa.

In order for this to work, you'd be be counting on CBP not taking the I-94 when you leave the US (which they are certainly authorized to do), and either not checking the I-94 on reentry or not noting that the I-94 is for a K1.

[M613 6]

Should this be revised then to be less confusing?

yeah-don't go by that whatsoever. I did my research on here/asked a million questions before planning my visit home (later this year whenever it is that I get my AP-yay!). better to get married/do your AOS/AP/EAD paperwork, wait and then visit Canada then to be denied at the border/screw the entire process up.

that said, if she really needs her stuff in Toronto (not sure what it is that she needs sent), greyhound can be a good option for the larger items, as it does ground shipping for *really* cheap...

[payxibka 10,044]

moving thread to appropriate forum