Entering as a Visitor once you have obtained K-1 visa?

[dylanforseth 3]

We have submitted out petition on May 9th, we are currently waiting for NOA2. If the timeline is correct, it should be approved (Visa in hand) by December.

We are looking to book a Vacation to Mexico for December.

I would essentially go to the USA for a few days, meet up with my fiancé and then we would go to Mexico and I would fly back home from there. (Keeping in mind I would have my K-1 visa at this time).

I would come back to Canada and get all my things ready and move down to the USA to live and get married a few weeks after returning from our vacation.

SO...If i have my K1, can I enter WITHOUT using it, entering as a tourist instead, and then return to Canada and then return back to the US at a later date to use it (obviously before the 90 days is up)

Thank you!

[canadian_wife 1,829]

This has happened for Canadian K1 visa holders in the past. However, it is up to the CBP. If the CBP does not authorize this (which has also happened) your choices will be to either return to Canada without entering or enter using the K-1.

You'll have to decide yourself it is worth it. Why can't you fly directly to MX and avoid this unnecessary drama?

Good luck

[dylanforseth 3]

I could fly direct on WestJet/Air Canada, however it costs more and I hold frequent flier status with United, so I prefer to fly with them - which means connecting through the USA.

We also wanted to spend Christmas together so I was planning to go down for a few days before christmas so we can spend it together before leaving for Mexico. We wanted to spend Christmas in Mexico but it is outrageously expensive :/

I guess I can give Border Protection a call tomorrow and see what they have to say.

Thanks for your response!

[canadian_wife 1,829]

Oh you are flying, I've only seen this successful on land crossings. I think calling the specific CBP and seeing what they say is a good idea. Even so, it will be up to the individual agent at the time of crossing.

Just seems like a lot of stress after an immigration journey.

Good luck - I truly hope this works out for you

Edit - let us know that CBP says, this is a common question and I'm sure others can learn from your story.

Edited June 16, 2016 by canadian_wife

[B-2-Z 37]

We have submitted out petition on May 9th, we are currently waiting for NOA2. If the timeline is correct, it should be approved (Visa in hand) by December.

We are looking to book a Vacation to Mexico for December.

I would essentially go to the USA for a few days, meet up with my fiancé and then we would go to Mexico and I would fly back home from there. (Keeping in mind I would have my K-1 visa at this time).

I would come back to Canada and get all my things ready and move down to the USA to live and get married a few weeks after returning from our vacation.

SO...If i have my K1, can I enter WITHOUT using it, entering as a tourist instead, and then return to Canada and then return back to the US at a later date to use it (obviously before the 90 days is up)

Thank you!

We went to MX before my visa was issued. I would go to MX either before it's issued, or after you have AP in hand(I also traveled to MX on AP) I understand about United, however I would probably use a direct flight down from Canada, and use United to come back to wherever you plan to end up. I personally wouldn't risk it if you're doing a layover in the US, when I visited during the K1 application they warned me on entry that if it was issued that I can't visit without activating it. I know people have had more luck driving, maybe consider that instead?

[Shauneg 762]

We have submitted out petition on May 9th, we are currently waiting for NOA2. If the timeline is correct, it should be approved (Visa in hand) by December.

We are looking to book a Vacation to Mexico for December.

I would essentially go to the USA for a few days, meet up with my fiancé and then we would go to Mexico and I would fly back home from there. (Keeping in mind I would have my K-1 visa at this time).

I would come back to Canada and get all my things ready and move down to the USA to live and get married a few weeks after returning from our vacation.

SO...If i have my K1, can I enter WITHOUT using it, entering as a tourist instead, and then return to Canada and then return back to the US at a later date to use it (obviously before the 90 days is up)

Thank you!

Honestly up to the cbp. Usually if one has a visitors visa or esta approved it gets canceled by the embassy when the k1 is filed in the passport.

[dylanforseth 3]

Im under Visa Waiver in Canada

[EM_Vandaveer 2,417]

Im under Visa Waiver in Canada

No, you are not. As a Canadian, what you have is even better: automatic B1/B2 status every time you enter.

[Lemonslice 4,996]

Just delay everything a bit and go to your interview after the Christmas holidays. You would have to be on the lucky side to get CBP officers in a good mood twice (to and from Mexico).

[NigeriaorBust 4,087]

Even though it has been heard of coming in from Canada I have never seen it happening comin in from Mexico. So you even if you made it down you would probably not make it back up.

[N-o-l-a 7,168]

Just delay everything a bit and go to your interview after the Christmas holidays. You would have to be on the lucky side to get CBP officers in a good mood twice (to and from Mexico).

This. Just push the K1 until after the trip.