Leaving on a K1 visa? CAN to US

[Katie and Mark 16]

I’ve always heard that K1 is a one time entry visa and if you leave you can’t be readmitted to the US unless you do all sorts of paperwork.

I crossed at Blue Water Bridge in Sarnia, ON a month ago. When I went into the office the border patrol officer told me I’m allowed to come in and out to and from canada as many times as I want, as long as I get married within 90 days and once I’m married that’s it- I can’t cross back anymore. 

I asked if he was completely sure because I’ve never heard that before and he said yes. 

Has anyone else heard of this? I called US border patrol or whatever today and the man on the phone was quite rude telling me about adjustment of status after marriage etc which I UNDERSTAND but we’re not married yet, to which his response was “well if that’s what he told you then it’s true”

anyone have insight on this?

thanks!

 

[Ben&Zian 4,397]

K-1 is a one time use visa. Once you enter on it, it's voided and your legally present with your I-94 for the 90 days. After that, you go out of status. Hence the AOS process.

 

There is no come and go whenever you want until you file for AOS and received advanced parole (AP).

[USS_Voyager 1,971]

The first CBP guy might be confused because you're Canadian and he thinks you can use the Visa Waiver Program to come back. While that is correct (assuming the CBP allows to you come in the second time), you will no longer be in K-1 status. Hence, you can't AOS, at least not without a I-130 as spouse of US citizen anyway, and there will be all sort of issues. The best course of action is to get married as planned, file AOS along with EAD and AP, wait until AP is approved then you can travel all you want. 

 

People also often get confused about the marriage requirement. All you need is the paperwork, takes a day or two at the local county office. You don't have to have a big wedding, or any wedding at all. Just get legally marriage and file AOS to satisfy the legal requirements and start the clock. The wedding can be later down the road. 

[Katie and Mark 16]

1 minute ago, USS_Voyager said:

The first CBP guy might be confused because you're Canadian and he thinks you can use the Visa Waiver Program to come back. While that is correct (assuming the CBP allows to you come in the second time), you will no longer be in K-1 status. Hence, you can't AOS, at least not without a I-130 as spouse of US citizen anyway, and there will be all sort of issues. The best course of action is to get married as planned, file AOS along with EAD and AP, wait until AP is approved then you can travel all you want. 

 

People also often get confused about the marriage requirement. All you need is the paperwork, takes a day or two at the local county office. You don't have to have a big wedding, or any wedding at all. Just get legally marriage and file AOS to satisfy the legal requirements and start the clock. The wedding can be later down the road. 

That was incredibly helpful thank you very much

[geowrian 22,335]

24 minutes ago, USS_Voyager said:

The first CBP guy might be confused because you're Canadian and he thinks you can use the Visa Waiver Program to come back. While that is correct...

Just a note: Canadians aren't part of the VWP. VWP is limited to a 90 day stay, requires an ESTA by air, waives lots of rights for challenges, etc. Canadians are part of a different program that grants them B-1/B-2 status without a visa.

Edited February 14, 2019 by geowrian

[USS_Voyager 1,971]

Just now, geowrian said:

Just a note: Canadians aren't part of the VWP.. VWP is limited to 90 day stay, requires an ESTA by air, waives lots of rights for challenges, etc. Canadians are part of a different program that grants them B-1/B-2 status without a visa.

Oh, did not know that. Thanks

[Katie and Mark 16]

Maybe the officer is referring to this? Or maybe I am grasping at straws? Lol

[Boiler 43,430]

It is certainly possible foe a K1 to be re-validated in exceptional circumstances I doubt this is referring to a K1.

[carmel34 3,529]

Re-entry to the US is always at the discretion of the CBP officer--the one you spoke with sounds like he/she would allow the back and forth until you are married, but given the laws, some CBP officers may not be so kind, as some are more strict than others.  It would be risky to try what you are asking about since you don't know which officer will ask you questions and interpret the law to the letter.  The advice here is good, don't risk it, as you could be stuck in Canada with an invalid K-1, unmarried, and have to start the K-1 process all over while you wait in Canada for a year, or get married in Canada, then file for CR-1 and wait more than a year.  I have crossed between Canada and the US hundreds of times, and sometimes the CBP officers can be difficult, other times easy.  My advice is don't take the risk.  Enter the US on the K-1, get married, and file for AOS/EAD/AP, and after 4-6 months in the US, you should get EAD/AP card and be able to travel anywhere after that.  Good luck!

Edited February 14, 2019 by carmel34
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[Katie and Mark 16]

2 minutes ago, carmel34 said:

Re-entry to the US is always at the discretion of the CBP officer--the one you spoke with sounds like he/she would allow the back and forth until you are married, but given the laws, some CBP officers may not be so kind, as some are more strict than others.  It would be risky to try what you are asking about since you don't know which officer will ask you questions and interpret the law to the letter.  The advice here is good, don't risk it, as you could be stuck in Canada with an invalid K-1, unmarried, and have to start the K-1 process all over while you wait in Canada for a year, or get married in Canada, then file for CR-1 and wait more than a year.  I have crossed between Canada and the US hundreds of times, and sometimes the CBP officers can be difficult, other times easy.  My advice is don't take the risk.  Enter the US on the K-1, get married, and file for AOS/EAD/AP, and after 4-6 months in the US, you should get EAD/AP card and be able to travel anywhere after that.  Good luck!

Thank you 🙏🏻🙏🏻🙏🏻☺️

[Damonlee 89]

Everyone is correct, the K1 entry is only a one time thing, even as a Canadian under the automatic B1/B2, you've entered on a K1, and will 100% need to wait til you've filed your 1-131, Advanced Parole and received it. Good luck and congrats! I'm patiently awaiting my NOA2. 

[tinerich18 17]

I was also told by a CBP officer when i crossed the border from Blue Water Bridge last December 2018. I am a K1 visa holder too. I asked for a i-94 but the officer didn't give me, and he said the stamp on my passport is same as i-94. Is that true? Now, when i retrieved my records online for my recent i-94, it is not recent. The record shows only the time when i was in the US back April 2018 but my travel history shows my entry last December. Is there anyone has the same case with mine?

[The_Empyrean 733]

23 hours ago, Katie and Mark said:

Maybe the officer is referring to this? Or maybe I am grasping at straws? Lol

Key sentences: "certain TEMPORARY VISITORS holding expired NONIMMIGRANT visas..."

With K-1 now.. It's not a temporary visitor visa, nor non-immigrant visa per se. It non immigrant-imigrant visa, considered more immigrant than not. I'd say 100% not valid for K-1. 

We were planning to drive to Niagara Falls when her parents come to US to visit. Then we both realized that she cannot cross to Canada, so what's the point to drive 6-7hrs , and not be able to see the falls in all it's glory. 

I know it's very tempting to try to find loopholes and workarounds, but it just won't work. If you got k-1 visa with current processing times, you can wait together another 4-6months for AP to safely travel without corrupting your process of AOS. 

[Katie and Mark 16]

There is another forum where a girl did it successfully in BC. Just took awhile and some calls to higher up at the border. She had her marriage certificate and the officer called to see if the marriage was still on and she crossed. Like another poster said and I also believe truly it’s up to the CBP officer at the time. I guess at blue water bridge some of them are fine with it. 

I also find it strange you crossed in Dec with no paper I-94 given to you, but I crossed jan and I was given one. Mine also says “multiple” on the bottom, don’t know if that means anything.

 

if I decide to be a daredevil and chance it I’ll let you all know how it goes 🤪

 

[kenikki 26]

Similar situation happened to me at the Pembina Border Crossing, so it is not inclusive to the Bluewater Bridge Crossing.

It speaks volumes that everyone on the forum will agree that you cannot leave the US once you've entered on the K-1, so why are some CBP stating otherwise?

IF it is possible in a RARE situation that one could re-enter, they shouldn't be telling people this at the crossing unless the circumstances apply.