Holding visa but not ready to use it (split topic)

[trevstrish 0]

Hello. I saw your post and while it is 7 later no one seems to have a clear understanding of this. We are in a simulate scenario and was wondering what actually happened or if you ever got a clear answer. My fiancé has his interview on 8/15 do we are expecting to have his K1 shortly there after. He does not intend to move to the US until after Christmas but has a huge family vacation already planned in Mexico in November. We really hasnet even thought about it being an issue as he is going from Canada to Mexico and back to Canada. However, we just noticed one of his connections to MX is through Houston TX so he will have to go through US immigration and will have his K1 by then. We are trying to find out all we can in advance to avoid a disaster. Thanks for any information you may have.

[Ryan H 3,813]

***Post split from 7 year old thread.***

**Moderator hat off**

If you want to avoid complications, switch the tickets to avoid US border inspection.

Edited July 18, 2014 by Ryan H

[trevstrish 0]

Thank you for the reply. I wish it was as simple as just rebooking but this is something he planned to do for his whole family ...some which are elderly and only one I the group of twelve of them have flown so he is kinda the one leading them all and all tickets were bought months ago and were a total of $9k non refundable. We've bee traveling back, fourth & through each other's countries for years with no problem and no problem the ought the whole pending app time either. We never even dreamed it would be an issue as they are merely on a 47 min connection flight through and it was only reading a post that even got us worried ? rebooking means we loose the &9k and have to go another airline with a direct connection which would cost us about another $15k and that carrier doesn't even fly there on the dates the non refundable hotel is booked for which was another $6400! it's is all just crazy to think they won't let him pass through as a visitor in transit. ?

[Darnell 8,478]

at canadien border crossings, many k-1 visa holders are asked if they want to ACTIVATE their K-1 visa during this trip. It seems it can be an optional thing, there.

However, you're headed to Houston.

An Airport.

Since you're not exiting the airport , will you even be going through immigration control point? IF NO - then I think no worries.

If YES, you ARE exiting an immigration control point, then calmly tell the CBP goon that you are NOT activating the K-1 visa at that time, and see what happens.

Sorry, I wish I had a solid answer for you..

[belinda63 3,039]

Darnell is probably right as I thought the same thing. You are making a connection so you won't be leaving the "secure" area. You will not (or should not) be passing through customs. So you probably won't even have your passport looked at in the Houston airport. But that is not good enough. Why not give a ring to the airport and see what you can find out. Any way you look at it there is the possibility but I believe it to be small.

[NigeriaorBust 4,087]

The safest would be to ask to delay your interview until after the vacation You could have delayed a few things up front. The visa is attached to the passport and scanning the passport could activate the visa. How long is your layover ? Do you have to change terminals ? Maybe email the embassy and see if they could return his passport after the interview and when he returns he can turn in his passport and have the visa issued after Mexico.

[trevstrish 0]

1hr 2 min connection to the ONLY flight out to Ixtapa lol but no we will arrive and depart from international terminal

[Darnell 8,478]

ok - so do a bit more research with the airlines, ask THEM if he's to be pushed through any immigration control point deplaning and replaning.

I'm still betting not, but you should make a phone call.

[Ryan H 3,813]

All passengers who arrive on an international flight go through CBP, even if they are connecting to another international flight (there is no bypassing inspection in the US like there is in other countries when making international connections).

Departing from Canada, most major Canadian airports (Toronto, Vancouver, Montreal, Calgary, Edmonton, Halifax, and Ottawa) have CBP preclearance facilities. You may be able to make a case to them. However, returning to Canada via Houston could encounter trouble (there is no preclearance in Mexico).

Since changing the tickets would be onerous, then I agree with the poster who said that the best thing you could do to avoid complications is to delay the interview until after the vacation.

[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.

[Darnell 8,478]

sounds like an extrapolation of post #4. I hope that works for you at an airport in Houston !! land-border crossings, is possible, written about here at VJ over the last 4 years.