Leaving US for short period after entering on K1?

[danpat 3]

I'm in Canada, and I have my K1 issued and my passport in hand. We're planning on getting married on Sept 5th. I have some work that I might need to attend to in the last couple of weeks of September in Canada after the wedding before I'm ready to permanently move to the US.

My understanding is that I should be OK to do this. I'll enter the US using my K1 in late August. My I-94 should be valid until either Oct-22 (when the K-1 expires) or late November (90 days from entry). According to this fact sheet from USCIS:

http://www.cbp.gov/sites/default/files/documents/auto_reva.pdf

I should be able to re-enter on the K1 for short trips to Canada as long as I'm within the 90 days. Once I file my Adjustment of Status, I'll need to wait until I'm issued Advanced Parole, but if I don't file the AOS immediately after the wedding, I believe I should be re-admitted from short trips. We live within reasonable driving distance of each other at the moment, and my work is close to where I'm living right now.

Does anyone have any experience taking advantage of the Automatic Revalidation rules for K-1 visas? I understand that people mostly say "You can't leave after you enter on the K-1", but there seems to be an exception that I'm able to use in this situation. Am I correct?

[KayDeeCee 4,893]

The K-1 visa is a one-time entry visa. It becomes null and void once you enter with it. If you leave the US without AP or a green card first, you abandon your AOS eligibility.

Because of those reasons, I have no idea if the K-1 falls under that re-validation regulation, It would also be risky, since even if a K-1 could use that re-entry method, you would have no way of knowing whether the CBP officer would be aware of it and allow you to re-enter. This has been asked about a couple times recently. I have not seen an update from anyone that actually attempted it.

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

[blk 87]

I'm in Canada, and I have my K1 issued and my passport in hand. We're planning on getting married on Sept 5th. I have some work that I might need to attend to in the last couple of weeks of September in Canada after the wedding before I'm ready to permanently move to the US.

My understanding is that I should be OK to do this. I'll enter the US using my K1 in late August. My I-94 should be valid until either Oct-22 (when the K-1 expires) or late November (90 days from entry). According to this fact sheet from USCIS:

http://www.cbp.gov/sites/default/files/documents/auto_reva.pdf

I should be able to re-enter on the K1 for short trips to Canada as long as I'm within the 90 days. Once I file my Adjustment of Status, I'll need to wait until I'm issued Advanced Parole, but if I don't file the AOS immediately after the wedding, I believe I should be re-admitted from short trips. We live within reasonable driving distance of each other at the moment, and my work is close to where I'm living right now.

Does anyone have any experience taking advantage of the Automatic Revalidation rules for K-1 visas? I understand that people mostly say "You can't leave after you enter on the K-1", but there seems to be an exception that I'm able to use in this situation. Am I correct?

Hi I haven't had any experience with a K1 visa, but the link you have supplied is about nonimmigrants but you are an immigrant, & the K1 is a one time entry visa, that expires when you enter the US. So if you leave before you get a AP card you will not get back into the US.

[danpat 3]

Hi I haven't had any experience with a K1 visa, but the link you have supplied is about nonimmigrants but you are an immigrant, & the K1 is a one time entry visa, that expires when you enter the US. So if you leave before you get a AP card you will not get back into the US.

The K-1 and K-3 visas are nonimmigrant visas. IR1 and CR1 are the immigrant versions. As far as I can see, the automatic revalidation rules should apply to my situation, but I'm hoping to hear from someone else who has used it.

[Hypnos 6,576]

http://www.nolo.com/legal-encyclopedia/can-fiance-k-1-visa-quick-trip-canada-mexico.html seems to indicate this is possible, but you are rolling the dice on a little-known procedure.

[phd1974 17]

If you want a more solid answer, I would contact the USCIS office and inquire - or whatever office or department that would be able to help you with exactly what you would need. But, like other members have said, it is deemed that the K-1 Visa is a one-time entry visa. After that, it is no good.

Honestly, I would ask the government offices and use what they say, as opposed to on here - I would hate that you try your way and then get to the border and can't enter ... then you would have to start the entire process all over again ... that would suck!

[baron555 934]

Yesh

[christeen 966]

There are many many many stories of those that left after entering on K1 without AOS and have had to either re-file a spousal visa or pay thousands to fix it... Don't enter until you are ready to marry, file AOS and get AP...

Here is a recent case...

http://www.visajourney.com/forums/topic/480862-left-the-country-while-advance-parole-and-aos-were-still-pending/page-5

[Hypnos 6,576]

That's not really relevant. Reading the automatic revalidation pdf linked above, it's clearly stated that only travel to Mexico or Canada counts ("readmission from contiguous territory"), plus the other conditions mentioned.

Edited May 1, 2014 by Hypnos

[Krikit 1,164]

Interesting development. I would be surprised if the officers at the POE would even know about this, let alone let someone re-enter. We all know they each have their own interpretation of immigration law. As I see it, the wording is a bit too ambiguous, and the K-1 is not specified. Although the K-1 is a non-immigrant visa it is tied to immigrant intent so that's a bit of a grey area. In addition, once the visa is endorsed at entry, it becomes null and void, not expired or unexpired. Personally, I wouldn't tempt fate but I am definitely interested in learning more about this.

[Hypnos 6,576]

If I were going to try something like this, I would be carrying printouts of the law (22 C.F.R. 41.112), the CBP factsheet linked above, and absolutely anything else that might be relevant.

[christeen 966]

Perhaps you would be able to argue the case, however, I can only speculate that you will have some headaches if the immigration officer is not familiar with this OR does not agree with your interpretation. Of course you might get lucky, or it could cost you a lot more time and money... Your dice to roll...

[aaron2020 11,651]

There may be another wrinkle.

Can a MARRIED person revalidate and use a K-1 which requires the person entering to be single?

[Krikit 1,164]

There may be another wrinkle.

Can a MARRIED person revalidate and use a K-1 which requires the person entering to be single?

Yeah, have just spent all this time searching for an answer to that^^ and the automatic revalidation itself. It doesn't even get any clearer in the Carrier Information Guide. http://www.cbp.gov/sites/default/files/documents/carrier_info_guide.pdf

[aaron2020 11,651]

From several non-government sources, it seems that the beneficiary must meet all the requirements of the visa in order to benefit from automatic revalidation. This seems to include being single.

Edited May 1, 2014 by aaron2020