can we use passport to travel until time to enter for good

[trevstrish 0]

My Fiance and I have our interview scheduled for August for his K1. He does not intend to enter the states permanently until Dec. However, we have travel plans to go to Mexico in November and while his flight is roundtrip from Canada to Mexico he has a connection in Houston. Can he continue to use his normal passport to travel on until he comes in Dec? Thanks for any info anyone can share.

[subwayguy 100]

He entered and then he left. He didn't have intention to use visa free acess to adjust status until a later date. I don't see anything would stop him from doing that.

[sweetswinks 400]

My Fiance and I have our interview scheduled for August for his K1. He does not intend to enter the states permanently until Dec. However, we have travel plans to go to Mexico in November and while his flight is roundtrip from Canada to Mexico he has a connection in Houston. Can he continue to use his normal passport to travel on until he comes in Dec? Thanks for any info anyone can share.

No you cannot enter the U.S. with the K1 visa and not use it. Can he change his flight so that he is going from Canada to Mexico direct?

[trevstrish 0]

Thanks for the reply. We want to make sure he will still be able to use his Canadian issues passport for travel until the date he intends to come here permantly. He has a travel passport right now that we use to go back and forth. So can he continue to use it unti he comes to move and at that time use his k1 to enter?

[Tina and Johan 206]

If his K1 is in his passport when he takes his trip in November, it needs to be used. If he keeps his connection in Houston, then continues on to Mexico, he will not be able to use it in December when he wants to.

[Sweetmelissa 82]

After my interview last week the lady said that you CAN go to the US as a visitor without activating the k1 visa but you must be VERY CLEAR at the POE that you are only entering as a temporary visitor. I personally wouldn't take the chance, but it is possible to do it.

[Elizabeth+Fred 35]

No you cannot enter the U.S. with the K1 visa and not use it. Can he change his flight so that he is going from Canada to Mexico direct?

Yes, you can. Although the CBP officer *will* see that a K-1 visa is pending for that person, as long as that person makes it clear that yes, they have a K-1 application pending, but that is not for (much) later this year, and right now they are just going to spend some vacation time together in Mexico, after which both parties will "return" to their homes - until the K-1 comes through. He would do good by bringing some "proof" that he has to return to Canada... apartment lease contract, letter from his employer, etc, just so he can show the CBP officer that he DOES intend to go back after the vacation with his fiancee.

[Owwww, #)&$%#)$%#@)$]

Just noticed that he will probably have the K-1 in his passport by the time he will go through Houston !

No, in that case, the CBP officer will "most likely" use that visa, because it normally will be used at the first entry into the U.S. after the visa was issued. Transferring THROUGH Houston is also "entering the U.S.". CBP might consider it a pure transfer without entry, but I would not want to take that risk.... re-schedule flights!!

Edited July 17, 2014 by Elizabeth+Fred

[chiggins82 87]

I had this situation too and did lots of searching around. It sounds like it is possible, but a lot of conflicting opinions. The best I saw was a few people saying they were able to drive across the border for a visit after getting the K-1 without activating it. Since it is just Mexico you are going, I would think trying to change to a direct flight (or at least no stop over in US) would be safest.

I decided to postpone my interview so this wouldn't be a problem for me.

If that is not a possibility, you could always try. At worst, they just send you back to Canada... I guess it depends, is it worth the cost of the lost ticket/vacation?

[trevstrish 0]

I talked to the POE office directly and they aren't even sure how they can handle that but is looking into it and getting back to me. He did explain when he is issued the K1 it will be laminated to his normal passport and we thought they were two different documents so I was wrong on that one for sure. If they wont let him pass through as a visitor can we postpone our interview date past the travel date issue? The latest date they gave us to choose from was end of Sept and the conflicting travel is in November and he doesn't plan to move until mid December.

[trevstrish 0]

All of the conflicting answers had me really concerned, which was a good thing as it allowed me to get in front of a potential issue. For anyone else that may have this issue, here is what we found out. An immigration attorney, the US Consulate and the Supervisor of the Port of Entry we are connecting through (who was awesome to talk to) all agree he can Travel to, from or through the US. Many people seem very very confused about this as it so I was provided a copy of the law and explained how it worked and was advised to get a letter from the attny to go with the law info. Here is how he told me this works, he will come in and it starts the clock on the 90 days, but he is allowed to travel through the US or for visits until such time as he comes stating his intention to stay or the 90 day clock has expired from the 1st use of the K1. He said it is called an automatic revalidation. He said he can not guarantee we can make our tight connection if the officer we get that day is not familiar with this clause as they may question us further and take time to validate the information but that he can do what we need to do in November and for him to then use again permanently when he comes to the US a few weeks later. Thanks to all the responses on both sides because it was all of those answers that had me digging deeper into this today.

[trevstrish 0]

Thought I would provide update....after a couple months of research, we have found the reason there is so much confusion is due to Canadians NOT being required to have a visa to enter the US as they can enter on just a passport. Other countries require a visa. When a K1 is issued it voids other visas so people from other countries MUST use the K1 the next time they enter the US. But that is not the case for a Canadian. They can continue to travel between the areas on the passport as even though the K1 is "inside" their passport it does not void the passport and they can choose when they want to activate and enter as a fiancé ...as long as they do not let the K1 expire and do not wed while entered as just a tourist all should be fine. I have a letter from the US Consulate stating this specific to us, they also have a page on the US immigration site regarding Canadian requirements and ability to enter as tourist or in transit to third country and we also revalidated with US Consulate while we were there for our interview.