Entering on a B2 after K1 is issued, don't want to move yet?

[dylanforseth 3]

Hi there,

I have my interview next month, so I will for sure have my visa the first week of November pending the interview goes well. I can't move until January as I'm going on a Vacation in December to Mexico and won't be able to return home to fly out of here that quickly if I enter the US on my K1. I also am a student and need to finish this semester I have already paid for.

So my question is, after my visa is granted (first week of November), say I wanted to go and visit my Fiance mid-November, can I just enter as a B2 visit and not use my K1. And then enter on the K1 when I move down in January, or will they require me to enter as a K1 no matter what once it is issued?

I hope that makes sense!

Thank you!

[EM_Vandaveer 2,364]

I think you have a chance at a land border. I'm pretty sure that if you are flying, they'll make you use your K-1.

[p-ana 933]

Hi there,

I have my interview next month, so I will for sure have my visa the first week of November pending the interview goes well. I can't move until January as I'm going on a Vacation in December to Mexico and won't be able to return home to fly out of here that quickly if I enter the US on my K1. I also am a student and need to finish this semester I have already paid for.

So my question is, after my visa is granted (first week of November), say I wanted to go and visit my Fiance mid-November, can I just enter as a B2 visit and not use my K1. And then enter on the K1 when I move down in January, or will they require me to enter as a K1 no matter what once it is issued?

I hope that makes sense!

Thank you!

There were some Canadians that made that work, since they don't really need a visa to get in.

But in my experience, I got my passport back with the k1 visa and my b1/b2 was cancelled.

I would not visit the fiancé after having the k1 visa on the passport but without the intention to stay. It's a disaster waiting to happen.

[NuZayetsPogodi 117]

You're not supposed to have two valid visas at a time, so your B visa should be cancelled once your K visa is issued. If someone else got in on a B visa, they got lucky! I would recommend that you not chance it. I hope your interview goes well!

[dylanforseth 3]

You're not supposed to have two valid visas at a time, so your B visa should be cancelled once your K visa is issued. If someone else got in on a B visa, they got lucky! I would recommend that you not chance it. I hope your interview goes well!

In Canada, we are VWP (Visa Waiver Program) so we don't need a visa to enter the United States, we just select visitor on the sheet/screen in the customs hall. So I don't know if that would change anything.

Thank you for your well wishes!

[NuZayetsPogodi 117]

Oooooh, good point! I looked up information about ESTA/VWP and couldn't find an exact answer. But I found this phone number. Maybe you could call and ask? "You may call the CBP Info Center at (202) 325-8000 or 1-877-227-5511"

In Canada, we are VWP (Visa Waiver Program) so we don't need a visa to enter the United States, we just select visitor on the sheet/screen in the customs hall. So I don't know if that would change anything.

Thank you for your well wishes!

[dylanforseth 3]

Oooooh, good point! I looked up information about ESTA/VWP and couldn't find an exact answer. But I found this phone number. Maybe you could call and ask? "You may call the CBP Info Center at (202) 325-8000 or 1-877-227-5511"

Great! I will give them a call tomorrow. Thank you for your help!

[NikLR 13,220]

In Canada, we are VWP (Visa Waiver Program) so we don't need a visa to enter the United States, we just select visitor on the sheet/screen in the customs hall. So I don't know if that would change anything.

Thank you for your well wishes!

No Canadians are not VWP.

We are just admitted as a B1/B2 without having to apply for a visa. That's different than VWP.

Beyond that this is a very specific Canadian question so I'm moving it to the Canada regional forum.

~~moved to Canada regional forum from K1 process and procedures~~

Whether you have to activate your K1 or not will depend on the CBP officer you encounter. Most Canadians try to make this a land crossing so they're not out the plane ticket cost if they aren't allowed.

[arianelstl 2]

If you really don't wanna take any risks, why don't you postpone your interview?

[Shazada 3]

You're not supposed to have two valid visas at a time, so your B visa should be cancelled once your K visa is issued. If someone else got in on a B visa, they got lucky! I would recommend that you not chance it. I hope your interview goes well!

I got my K1 visa and my B2 B1 visa was still valid. I did not see any stamp to revoked

I am not sure if you can do that but you can ask an immigrant lawyer.

You also can postpone the interview. I did and it was not problem at all.

Edited September 26, 2016 by Shazada

[dylanforseth 3]

If you really don't wanna take any risks, why don't you postpone your interview?

This date is the only date that works as I have two international trips, one in November and one in December as well as school (final exams, etc.,) so I need to have my passport back for the dates I'm traveling overseas.

It's okay, he will just have to come and visit me!

[bec128 42]

This is a very canada-specific topic, since Canadians do not need visas or even the VWP to enter. Canada is unique from every other country in that regard.

Having said that, OP, assuming you are a canadian citizen, you should not have a problem entering the US without using your K1 visa at a land border. My fiancee did it about a month before she entered on her K1, when we attended my friend's wedding in Michigan. I drove from NY to ON, picked her up, and then we drove on through Detroit to the wedding. The CBP officer didn't bat an eye when I mentioned that she had a K1 visa in her passport, but is just visiting. It didn't cause us any problems when she entered using the K1 the next month.

Having said that, of course, your results may vary!