Crossing border with K1

[Jaysarah86 0]

Hello, new to the site and have a question. I read a while back on a different site that Canadians with a valid K1 visa do not actually have to 'use' the visa while crossing the border into the US. It was stated that Canadians can freely cross back and forth to the US due to the fact a visa is not needed to enter. Is this true? Do the border crossing guys know you have a K1 if you do not provide it to them? I know the visa is generally good for 6 months and have 90 days after entry. Thanks!

[Lights 56]

The k1 visa is stamped in your passport... should they see it, then chances are you have to activate it. It's a one-time entry visa. I get what you mean by not needing a special visitors visa to enter the US as a Canadian, but not sure whether you can ask them to not use your visa for this particular visit. I'm guessing that they won't allow it, because how would they trace your time in the US? If you have other visits, you can only stay up to 184 (I believe is the number of days, or six months) each year. If you have the visa, they will likely want to process is so they can log your stay in the US and not have you be out of status. Maybe others can chime in, if they haven't used their visa.

I was approved on my K1 and my next visa I activated my visa and moved.

[templeton 120]

Technically this is true, though not guaranteed. I drove through for a short visit a few weeks before actually immigrating. I simply told the CBP officer that though I had a K-1 Visa, it was not my intention to use the visa for a few more weeks, and was only entering as a visitor (it was my fiancee's birthday). He let me pass without any hassle.

HOWEVER, I would stress that this is totally up to the discretion of the officer you speak to as to whether he wants to let you in or not. They had become somewhat familiar with me over the past couple of years, but I still made sure I had evidence that I planned to return to Canada a few days later.

You really don't have the option to "not provide it to them"...the visa itself is permanently attached to your passport, so they'll probably notice it.

[templeton 120]

because how would they trace your time in the US?

All flight travel is tracked and reconciled upon your departure , so they do know how many days you been in the country if you flew. I did read that as of June of this year, they were going to start also tracking land crossings of US and Canadian citizens respectively by reconciling your re-entry date to Canada (non-US/Canadian citizens have been tracked for at least a year or so now, I believe). Not sure if that's actually come into play for citizens or not yet. Previously they really had no idea how long you stayed if you drove.

Edited August 8, 2014 by templeton

[Flames9_RN 358]

The "visa" takes up a whole page...so it is pretty hard to miss......Yes, some Cdn K1'ers have had success....but it is up to the discretion of the Officer! Once you have had it endorsed..do NOT leave the USA (including Canada) until u get AP or the greencard.

[Jaysarah86 0]

What if she used her enhanced license instead of paper passport?

[Sweetmelissa 82]

Hello, new to the site and have a question. I read a while back on a different site that Canadians with a valid K1 visa do not actually have to 'use' the visa while crossing the border into the US. It was stated that Canadians can freely cross back and forth to the US due to the fact a visa is not needed to enter. Is this true? Do the border crossing guys know you have a K1 if you do not provide it to them? I know the visa is generally good for 6 months and have 90 days after entry. Thanks!

After my interview was approved (along with a fellow VJ-er), we were told that you CAN visit in the US without activating your K1 visa, but you must be very explicit in your intentions to do so. This was at the Vancouver consulate. You can ask for more clarification after your interview- it didn't pertain to my situation so I don't remember all the specific details mentioned about it.

However, as stated previously, whether you are permitted entry or not is entirely up to the whims of the CO (like all border crossings), so it is not just a matter of crossing freely until you choose otherwise.

[Found Frolicking 1]

What if she used her enhanced license instead of paper passport?

I don't know if it's possible. Since June 1, 2009 they made the switch to essentially requiring a passport to get into the US. They make exceptions, but they make it difficult. At least that's what I've heard. I could be wrong!

[PickleChips 56]

I would assume the enhanced driver's license would be similar to entering using a Nexus card. Meaning you would not use your passport and the officer would not see your K1 visa in it. Best to call ahead and ask, also to be prepared to be turned away. Better safe than sorry!

[Rob & Monika 87]

I don't know if it's possible. Since June 1, 2009 they made the switch to essentially requiring a passport to get into the US. They make exceptions, but they make it difficult. At least that's what I've heard. I could be wrong!

That is the sole purpose of the enhanced license, the program also started in 2009.

Technically, you are not supposed to have more than one visa, and crossing gets you a visitors visa even though you do not get any documentation stating so. Some people have had issues at the border because the CBP saw the K-1 in the passport, others have not. I have not heard of anyone having issues with the K-1 process after successfully entering the US as a visitor while having the K-1 issued.

[VeeNDee 44]

I don't know if it's possible. Since June 1, 2009 they made the switch to essentially requiring a passport to get into the US. They make exceptions, but they make it difficult. At least that's what I've heard. I could be wrong!

I can't speak on the whole not activating the K1 visa thing, but my husband never had a passport when we met and the first 6 months of our dating he applied for and used only an enhanced driver's license to cross the border each time. He finally did get a passport but there is no requirement to have a passport to visit if you have an enhanced driver's license. (Assuming you're the USC not needing a visa in a passport eventually).

[Rob L 3,811]

Technically, you are not supposed to have more than one visa, and crossing gets you a visitors visa even though you do not get any documentation stating so.

This part of your statement is not exactly accurate. Canadians do not need a Visa, or get a Visa to visit. They can get Visa's for other purposes.

[NikLR 13,220]

This part of your statement is not exactly accurate. Canadians do not need a Visa, or get a Visa to visit. They can get Visa's for other purposes.

Technically we have the equivilant of a B2 visa. I've had that written in my stamp before. We just don't need to apply for one. That is what the other poster meant.

[Flames9_RN 358]

Yep....we Cdns are special!! We don't need to apply for it ahead of time, and if they deny us, we simply turn around (maybe out airfare $$) I know in other cases..such as Nicaragua and many others, they fork over the $$$, have to goto the Embassy/consulate and get denied, they are out the $$$ it cost to apply.