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wallaby4rent

Do you have to use it right away?

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Filed: AOS (pnd) Country: Canada
Timeline

Just as a quick run-down to answer everyone's questions:

Kennym, yes I do know we have to get married here. Our wedding is in NH.

Inky, the honeymoon is after the wedding. Our wedding is September 3, we had booked the honeymoon for Sept 5.

Long story short - Because of all of the hangups we were having with processing time (US being busy), we accepted the fact back in April (after getting a letter from the Consulate in Montreal saying it'd be another 4-6 months before my fiance's interview) that we would probably not be able to get legally married at our wedding, so it'd be a pomp-and-circumstance party. We would just have to wait until after he got the visa to have a legal, officiated ceremony.

The plans was

-Fiance drives to MA

- "Wedding"

- Leave for DR

- Fly back to Boston

- Fiance drives home, grabs his stuff

- Fiance enters on K-1

- Get married

After finding out the visa is *affixed* to your passport, I accepted all of this as impossible, and honestly, I still don't know if trust that he will be able to enter the US after the DR trip without a problem. Booking the honeymoon was a mistake, however, we thought we were clear on all of the terms. One of the most frustrating things about this whole process is that you can get contradictory information even from official sources.

It looks to me like something does have to be cancelled. I guess just pick whichever is less expensive.

You can get married as planned and cancel the honeymoon in the dominican ... or...

you can meet in the dominican and see if you can switch the wedding to after.

There have been people who have had mock weddings and then legally married. But it is a bit risky at the border.

Maybe try to see if either option can be moved and go from there.

It is pretty frustrating when you make plans and they have to change. We had booked our wedding and had to move it when I didn't get my visa on time. Luckily it didn't end up costing much and I think worked out better. Good luck

2007-11-10 Met on an airplane on the way to Japan

2008-03-28 First actual date!

2009-03-31 Returned from Japan

K1 Timeline

2009-08-22 Filed K1

2009-09-01 NOA1

2009-09-29 NOA2

2009-10-23 Montreal Received

2009-11-08 Packet 3 Sent

2010-02-02 Packet 4 Received

2010-03-19 Interview

Interview Result :Admin Review-missing papers

2010-06-24 Visa in Hand.. FINALLY!!!

2010-06-25 US Entry

2010-07-02 MARRIED!

2010-07-13 Applied for SSN

2010-08-03 SSN received

AOS Timeline

2010-08-16 I485 sent to chicago lockbox

2010-08-24 NOA1 received

2010-09-17 Case transferred to CSC

2010-10-23 Bio appt letter received for nov 9th

2010-11-03 Biometrics appt. EAD card issued

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NO!!!!!

Is the font big enough? :blush:

The K1 is invalid once you are married! You can't marry, leave the US, and then return with a K1 visa. You MUST BE LEGALLY FREE TO MARRY WHEN YOU ENTER WITH THE K1!

Sorry, there is no way your plan can work. :no:

Please re-read what I wrote. There will be no marriage at the wedding - like I said, it's pomp and circumstance. It's just going to be a big party. We planned the wedding a year after the engagement, and we were told that was plenty of time. Obviously it was not, and I advise anyone who is about to go through the process, don't listen to what lawyers tell you. Just because they make a living off of immigration procedures, doesn't mean they're always right.

Because I've gone through the process, yes, I am keen enough to know that leaving the US after using the visa invalidates it and that I can't get married before it's been used (or else I just forfeited all of the time and money that went into it). Our plans have to be changed since he's required to use the visa the next time he enters. We can't cancel the whole wedding, and we're not going to give up the visa just to go on a honeymoon, so it's going to have to be thing that gets canceled.

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My two cents:

I think too much is at stake to risk it. I mean, if you are already getting conflicting information from OFFICIALS then, how can you make sure the information you are given is accurate or that it will actually work as someone explained it to you?

My suggestion would be for your fiance to fly out of Canada with his Canadian passport to the DR and meet you there. Enjoy your pre-wedding "honeymoon." After all that fun in the sun (believe me, the DR IS wonderful),you can go to Canada and help him move his stuff to the US. He can enter the US using his K1 visa and then you can actually get married within 90 days.

Best wishes and congratulations!

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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Filed: K-1 Visa Country: Gambia
Timeline

My personal opinion is that something this important shouldn't be left up to another's discretion. What I mean is who's to say that the officer won't just activate the visa despite your fiance's attempt and explanation otherwise? Heck, the officer may even think that your FH doesn't want to marry you any longer and is trying to enter the US under false pretenses. Under most other circumstances when people get approved K1 Visas they absolutely want to get married right away (or at least in the 90day timeframe) thereby having the visa activated. With all these things going on I just would be so fearful of something going wrong and you having to see your honey denied re-entry (because the "re-entry" officer may see your honey's entrance stamp from before the honeymoon even though the K1 hadn't been activated and determine that the stamp itself "activated" the 90 day requirement and because ya'll went to the DR the K1 is no longer valid since it's a single entry). If he is denied entry you would have to start all over with a spousal visa. I would really hate to "see" that happen. This is already a costly process and I'm sure you don't have money to just give away.

Having said that...is there no way that the following scenario will work?

Talk with your vendors for the "wedding" and see if you can push the date back until you return from DR

Prior to that have him hurriedly pack a few belongings and have them shipped to you while putting the rest in storage for a few months (until AOS is approved)

Then he leaves from Canada & meets you in DR for your "honeymoon"

Return to the States together (thereby activating the K1)

Have the wedding

Live happily ever after

tumblr_l2zffoq44C1qc5x0yo1_400.jpg

My honey is NIGERIAN and I'm AMERICAN

K1 Journey

07/27/10 Mailed Petition

07/28/10 Petition received at VSC then forwarded to Lewisville, TX (received there 7/29/10)

08/02/10 NOA1 Notice date

08/06/10 Touched

08/07/10 Received NOA1 in mail

08/10/10 Touched

10/03/10 Touched

01/31/11 I-129F Petition APPROVED!!!

02/03/11 Received hard copy of NOA2 (although the envelope is stamped Feb 2...so only one day to get to me :) )

02/07/11 Arrived at NVC

02/07/11 MADE APPOINTMENTS FOR MEDICAL AND INTERVIEW. (Will post actual dates after they occur :) )

02/08/11 Left NVC

02/17/11 Medical

03/01/11 Interview (FH is in AP)

04/12/11 AP COMPLETED!!

04/13/11 FH notified to come to the embassy with his passport!

04/26/11 FH received Visa

04/29/11 FH Arrived in the US!!! JFK POE

06/08/11 MARRIED!

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Filed: K-1 Visa Country: Vietnam
Timeline

Please re-read what I wrote. There will be no marriage at the wedding - like I said, it's pomp and circumstance. It's just going to be a big party. We planned the wedding a year after the engagement, and we were told that was plenty of time. Obviously it was not, and I advise anyone who is about to go through the process, don't listen to what lawyers tell you. Just because they make a living off of immigration procedures, doesn't mean they're always right.

Because I've gone through the process, yes, I am keen enough to know that leaving the US after using the visa invalidates it and that I can't get married before it's been used (or else I just forfeited all of the time and money that went into it). Our plans have to be changed since he's required to use the visa the next time he enters. We can't cancel the whole wedding, and we're not going to give up the visa just to go on a honeymoon, so it's going to have to be thing that gets canceled.

Sorry, I misunderstood. I thought the second wedding on your list was the "pomp" wedding. :blush:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Sorry, I misunderstood. I thought the second wedding on your list was the "pomp" wedding. :blush:

It's ok. I just didn't want anyone to think I thought it was ok for the rules to be bent for me.

Purplesky, in theory, your idea is perfect, but since the honeymoon was booked for two days after the wedding, and I'd need my fiance present in the US for the wedding, we wouldn't be able to fly him out of Canada to DR. And there's no way to push anything back with the wedding: we'd lose everything we've spent. * sigh * I do agree, it's not worth risking anything, especially when you're getting conflicting advice from people who should be telling you the same thing. Also, too much of what goes on with a person crossing and the BP is up to the officer's discretion. You never know.

The way I am looking at this now is that at least we will be able to get legally married at our wedding, which we didn't think was going to happen.

Edited by wallaby4rent
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Filed: AOS (pnd) Country: Canada
Timeline

It's ok. I just didn't want anyone to think I thought it was ok for the rules to be bent for me.

Purplesky, in theory, your idea is perfect, but since the honeymoon was booked for two days after the wedding, and I'd need my fiance present in the US for the wedding, we wouldn't be able to fly him out of Canada to DR. And there's no way to push anything back with the wedding: we'd lose everything we've spent. * sigh * I do agree, it's not worth risking anything, especially when you're getting conflicting advice from people who should be telling you the same thing. Also, too much of what goes on with a person crossing and the BP is up to the officer's discretion. You never know.

The way I am looking at this now is that at least we will be able to get legally married at our wedding, which we didn't think was going to happen.

good luck with whatever happens.

Maybe you can find someone to take over the vacation and costs of that for you.

2007-11-10 Met on an airplane on the way to Japan

2008-03-28 First actual date!

2009-03-31 Returned from Japan

K1 Timeline

2009-08-22 Filed K1

2009-09-01 NOA1

2009-09-29 NOA2

2009-10-23 Montreal Received

2009-11-08 Packet 3 Sent

2010-02-02 Packet 4 Received

2010-03-19 Interview

Interview Result :Admin Review-missing papers

2010-06-24 Visa in Hand.. FINALLY!!!

2010-06-25 US Entry

2010-07-02 MARRIED!

2010-07-13 Applied for SSN

2010-08-03 SSN received

AOS Timeline

2010-08-16 I485 sent to chicago lockbox

2010-08-24 NOA1 received

2010-09-17 Case transferred to CSC

2010-10-23 Bio appt letter received for nov 9th

2010-11-03 Biometrics appt. EAD card issued

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Share on other sites

It is really not worth taking the risk. The fact that you are getting conflicting information from people who SHOULD know the law is nothing new. In fact, it just reminds me of when I filed for Advance Parole for myself so that I could re-enter the US after a visit to my family in Mexico (when my AOS was being processed) and the immigration official asked me why I had an AP. I told him that I had researched and thought that I needed it and he told me something like, "Heck, they change the law so much that I don't know what is what any more" as he stamped my passport. I hope you are able to find a solution and congratulations on your K1 approval.

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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  • 1 month later...

Just wanted to update anyone who this information might be useful for.

Yes, you are allowed to cross from Canada to the United States using the B1 visa without activating your K1. My husband had no problem at all doing so. :) As we all know, whenever you cross the border it's up to the CBP's discretion to let you enter, however, it is permissible to enter the US on the B1 without entering on the K1.

Edited by wallaby4rent
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Filed: Citizen (apr) Country: Canada
Timeline

What are you talking about, B1? Canadians don't need a visa to enter the USA?

Anyway, congrats it all worked out!

Met: December 2009

Married: April 2015

Received CR-1 visa: February 2017

POE (as IR-1): April 2017

Oath ceremony: November 2020

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