Leaving US for short period after entering on K1?

[NigeriaorBust 4,087]

A married person can not use a K1 to enter the US. Even when people manage to re validate in another country it is only good for the original 90 days and only if the person didn't marry before leaving. Why would Canadians get special privileges

[Krikit 1,163]

I would also be concerned with this wording:

Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by Customs and Border Protection (CBP), if they meet certain requirements...

https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors

A married person can not use a K1 to enter the US. Even when people manage to re validate in another country it is only good for the original 90 days and only if the person didn't marry before leaving. Why would Canadians get special privileges

I don't believe anyone is stating that Canadians get special privileges.

[aaron2020 11,651]

From what I have read from non-government sources, a K-1 can be automatically revalidated if the beneficiary is single. Marriage changes that person's status and thus a married person can not use a K-1 fiance visa.

Edited May 1, 2014 by aaron2020

[Krikit 1,163]

The thing is... automatic revalidation has been around for years.... but it has never been applicable to a K-1 visa holder. This is the first I've heard.

[danpat 3]

I'm going to contact the USCIS and CBP and try to get a clear answer on it. If the response is positive, I'll print it, along with the fact sheet, CBP web page and extract from 22 CFR Section 41.112 and try my luck. If the response is negative, I don't think I'll risk it. That'll be a pain for my business, but you gotta do what you gotta do...

There seems to be a fair amount of interest in this, so I'll post the responses I get from CBP and USCIS.

[Merrytooth 5,748]

I'm going to contact the USCIS and CBP and try to get a clear answer on it. If the response is positive, I'll print it, along with the fact sheet, CBP web page and extract from 22 CFR Section 41.112 and try my luck. If the response is negative, I don't think I'll risk it. That'll be a pain for my business, but you gotta do what you gotta do...

There seems to be a fair amount of interest in this, so I'll post the responses I get from CBP and USCIS.

I hope you could get clear answer from CBP.

Here is what I found from another website:

http://4clients.com/faq/automatic-visa-revalidation/k-1-visa-automatic-visa-revalidation

K-1 visa holders are limited to a single entry. May a K-1 visa holder nevertheless take advantage of automatic visa revalidation?

Yes. U.S. Customs and Border Patrol (CBP) indicates that there is no law or regulation that precludes K-1 visa holders from benefiting from the automatic revalidation provision, provided all entry requirements and criteria are met, and their K-1 status has not changed since their initial K-1 admission.

[danpat 3]

I contacted CBP and the lady I spoke to was very pleasant and knew about 22 CFR Section 41.112.

She said it doesn't apply to a K-1, particularly after marriage. The specific bit is:

(iii) Has maintained and intends to resume nonimmigrant status;

As some of you have pointed out, marriage and the K-1 are not compatible, and she confirmed this over the phone. She said that the border officer might be convinced to do a revalidation *before* marriage, but almost certainly not afterwards. I'm not going to push my luck.

She also confirmed that multiple entries without activating the K-1 (i.e. continuing to enter under the VWP) are not possible, you may only hold one active visa at a time. Because our wedding isn't planned until September (more than 90 days away), if I enter under the VWP, the K-1 will be cancelled.

So, looks like there is no loophole for multiple entry/exits here.

[christeen 966]

Ok.. Good to know as this issue comes up often here...

[aussie_jason 195]

Why not enter now, get married in a courthouse, file for AOS and stay until you get AP or even your green card so you are able to return to Canada to take care of your business? Then in September you can have the fancy wedding ceremony.

[Snag 57]

Why not enter now, get married in a courthouse, file for AOS and stay until you get AP or even your green card so you are able to return to Canada to take care of your business? Then in September you can have the fancy wedding ceremony.

Agreed. I wouldn't want to wait until September to be with the love of my life (that's just me, though). Otherwise, I'd shift the wedding until afterwards when I've taken care of business. 4 months compared to 4 weeks is quite small in duration.

[Krikit 1,163]

I contacted CBP and the lady I spoke to was very pleasant and knew about 22 CFR Section 41.112.

She said it doesn't apply to a K-1, particularly after marriage. The specific bit is:

(iii) Has maintained and intends to resume nonimmigrant status;

As some of you have pointed out, marriage and the K-1 are not compatible, and she confirmed this over the phone. She said that the border officer might be convinced to do a revalidation *before* marriage, but almost certainly not afterwards. I'm not going to push my luck.

She also confirmed that multiple entries without activating the K-1 (i.e. continuing to enter under the VWP) are not possible, you may only hold one active visa at a time. Because our wedding isn't planned until September (more than 90 days away), if I enter under the VWP, the K-1 will be cancelled.

So, looks like there is no loophole for multiple entry/exits here.

Thanks for the confirmation. It is unfortunate that the officer you spoke with was not aware that Canada is not a part of the VWP. Canadians do not require visas to enter the US... under normal circumstances.... so there is no visa to be cancelled. In fact, a number of us have actually entered the US with a K-1 visa in our passports but have explained that we would be having it endorsed at a later date. This is not something I would recommend unless you are prepared to withdraw your request for entry, but it is certainly possible.

[hmh33 117]

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!

Government offices are certainly not guaranteed to give a correct answer. It's not even in USCIS' area of responsibility.

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.

Automatic revalidation is a common procedure, used all the time by all kinds of nonimmigrants.

[Krikit 1,163]

Government offices are certainly not guaranteed to give a correct answer. It's not even in USCIS' area of responsibility.

Automatic revalidation is a common procedure, used all the time by all kinds of nonimmigrants.

I'll leave you to read the rest of the thread. lol

[ryna 132]

Automatic revalidation is a common procedure, used all the time by all kinds of nonimmigrants.

Not if they have materially changed the conditions of their visa by getting married before revalidation.

I wouldn't chance it, but then again, I don't know how lenient CBP is with Canadian and/or VWP nationals. I do know they hassled me (a natural-born USC) upon my return when they thought I was travelling to my then-fiancée's country too often.

[danpat 3]

Thanks for the confirmation. It is unfortunate that the officer you spoke with was not aware that Canada is not a part of the VWP. Canadians do not require visas to enter the US... under normal circumstances.... so there is no visa to be cancelled. In fact, a number of us have actually entered the US with a K-1 visa in our passports but have explained that we would be having it endorsed at a later date. This is not something I would recommend unless you are prepared to withdraw your request for entry, but it is certainly possible.

My situation is somewhat complicated by the fact that I'm not a Canadian citizen, I'm Australian, and a permanent resident of Canada, who foolishly fell in love with an American girl. We have rough plans to move back to Canada in a year or two (she has unbreakable work commitments there), so I hope to be able to resume my PR and eventually gain citizenship here.

Interesting to know that you've had success entering without endorsing the K-1 as a Canadian, but that doesn't appear to be an option for me.