please answer

[asthania 4]

My fiance just came to the US with the fiance visa k1. We wanted to travel to Canada but he hasnt receive the green card. I wanted to know if he can travel without the green to Canada?

[belinda63 3,038]

Not unless he has advance parole and the appropriate visa, if required.

Edited February 13, 2014 by belinda63

[Pitaya 2,577]

~Moved from K-1 Process to Working and Traveling During US Immigration Forum~

~Inquiry suited more to traveling forum, not a K-1 process~

Edited February 13, 2014 by A&B

[Cori and Rob 55]

No. Apply for AP when you file for AOS. It takes about three months to get approved for AP.

[baron555 934]

My fiance just came to the US with the fiance visa k1. We wanted to travel to Canada but he hasnt receive the green card. I wanted to know if he can travel without the green to Canada?

Yes he can leave the US freely at any time.....he won't be allowed back in until you petition for a new visa (about a year's time for the CR-1).

I'd suggest you wait.

[hmh33 117]

Actually, there is an exception for travel to Mexico or Canada: http://www.nolo.com/legal-encyclopedia/can-fiance-k-1-visa-quick-trip-canada-mexico.html

[NigeriaorBust 4,087]

Actually, there is an exception for travel to Mexico or Canada: http://www.nolo.com/legal-encyclopedia/can-fiance-k-1-visa-quick-trip-canada-mexico.html

But it doesn't work before you have a green card the person entered on a single entry K1

[hmh33 117]

But it doesn't work before you have a green card the person entered on a single entry K1

Did you even read the link I posted?

[NigeriaorBust 4,087]

Did you even read the link I posted?

Yes and a K1 entrant can't leave the country without AP or a green card ( at least if they want back in without a new petition. ) What part of K1 don't you understand You are trying to get this couple in a place that keeps them apart for another year. Until AOS the K1 entrant is NOT a US resident The rumored automatic revalaidation is discretionary and would require a trip to the embassy or consulate.

Edited February 15, 2014 by NigeriaorBust

[NigeriaorBust 4,087]

So here is the actual code about the subject. Not only do they need to hope it is approved they will need to repay the visa issuance fee.

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(CT:VISA-1547; 09-27-2010)

If a K-1 visa, valid for a single entry and a 6-month period, has already been used

for admission into the United States and the alien fiancé(e) has returned abroad

prior to the marriage, the consular officer may issue a new K visa, provided that

the period of validity does not exceed the 90th day after the date of initial

admission of the alien on the original K visa, provided the alien fiancé(e) pays a

new application processing fee, and provided also that the petitioner and

beneficiary still intend and are free to marry. The alien’s return to the United

States and marriage to the petitioner must take place within 90 days from the

date of the original admission into the United States in K status.

[hmh33 117]

If you read it, you didn't comprehend it. The exception for brief (< 30 day) travel to Mexico and Canada applies to all nonimmigrant categories including K-1 and is known as "automatic revalidation".

See also:

http://www.immigration.com/faq/nonimmigrant-visas/k-visa/k-1-visa#5686

http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/clp/bulletins/auto_reva.ctt/auto_reva.pdf

[NigeriaorBust 4,087]

It applies to non immigrant multi entry not single entry. You and hopefuly the OP should not rely on items posted online, Going to Canada or Mexico would count as leaving the US and you would not be able to get a second admission on a single entry visa.

Also an holder of a Haitian passport without a green card must get a visa for Canada wich requires a trip to their embassy and biometrics

Edited February 15, 2014 by NigeriaorBust

[ManCharsey 254]

If you step out of the US without the AP, you can kiss the US good bye for a long time.