Traveled to Canada for 20 days after entering the U.S. on a K-1 visa (June 1–22). Seeking reentry under Automatic Visa Revalidation (AVR).

[Dovahkiinali0605 0]

I entered the U.S. on a K-1 visa on June 1st and left for Canada on June 2nd, remaining here for 20 days. I am now attempting to return to the U.S. through Toronto Pearson Airport (YYZ) using Automatic Visa Revalidation (AVR). My K-1 visa is expired, but my I-94 is still valid.

I consulted with a U.S. immigration lawyer who confirmed that reentry under AVR in this situation is legally allowed, though it is rarely used or attempted with a K-1 visa. The lawyer advised that while success depends on CBP discretion, the attempt is not illegal and is worth trying.

I also contacted CBP, and they outlined the AVR eligibility rules — specifically stating that as long as I have not applied for Adjustment of Status (AOS), I may qualify for AVR. The U.S. Embassy in Montreal responded as well, stating that if I had already married and filed for AOS, then I should not leave the country without Advance Parole. However, they did not explicitly or implicitly say that I cannot return under my current nonimmigrant status (i.e., K-1 with a valid I-94) if I haven't filed for AOS.

I am seeking clarification or similar experiences from others who may have attempted AVR on a K-1 visa, and would appreciate any insights on how CBP handled their entry

[milimelo 4,729]

Umm, no you can't do that. K-1 is single entry visa - can't go in and out of the country with it. 

 

So, did you get married and haven't filed AOS yet? If you have filed for AOS but left without AP, you'll be sitting in Canada until your spouse files I-130 and you get an immigrant visa. 

If you haven't gotten married yet, there's a possibility to get the K-1 visa reissued (may need new medical and visa interview). 

 

So which one is it?

[wildbug100420 275]

8 minutes ago, Dovahkiinali0605 said:

I entered the U.S. on a K-1 visa on June 1st and left for Canada on June 2nd, remaining here for 20 days. I am now attempting to return to the U.S. through Toronto Pearson Airport (YYZ) using Automatic Visa Revalidation (AVR). My K-1 visa is expired, but my I-94 is still valid.

I consulted with a U.S. immigration lawyer who confirmed that reentry under AVR in this situation is legally allowed, though it is rarely used or attempted with a K-1 visa. The lawyer advised that while success depends on CBP discretion, the attempt is not illegal and is worth trying.

I also contacted CBP, and they outlined the AVR eligibility rules — specifically stating that as long as I have not applied for Adjustment of Status (AOS), I may qualify for AVR. The U.S. Embassy in Montreal responded as well, stating that if I had already married and filed for AOS, then I should not leave the country without Advance Parole. However, they did not explicitly or implicitly say that I cannot return under my current nonimmigrant status (i.e., K-1 with a valid I-94) if I haven't filed for AOS.

I am seeking clarification or similar experiences from others who may have attempted AVR on a K-1 visa, and would appreciate any insights on how CBP handled their entry

Sounds like you will have to start over again. K1 visa is only 1 entry until you get green card. 

[Dovahkiinali0605 0]

5 minutes ago, milimelo said:

Umm, no you can't do that. K-1 is single entry visa - can't go in and out of the country with it. 

 

So, did you get married and haven't filed AOS yet? If you have filed for AOS but left without AP, you'll be sitting in Canada until your spouse files I-130 and you get an immigrant visa. 

If you haven't gotten married yet, there's a possibility to get the K-1 visa reissued (may need new medical and visa interview). 

 

So which one is it?

this is an email from cbp

[Dovahkiinali0605 0]

1 minute ago, wildbug100420 said:

Sounds like you will have to start over again. K1 visa is only 1 entry until you get green card. 

i asked cbp and they did not say k1 is exempt and it depends on discretion of the officer at yyz. 

[milimelo 4,729]

Just now, Dovahkiinali0605 said:

i asked cbp and they did not say k1 is exempt and it depends on discretion of the officer at yyz. 

Well why don't you go try it out and see what happens then? 

 

And do answer other questions asked as that will determine your possibilites.

[Dovahkiinali0605 0]

20 minutes ago, milimelo said:

Umm, no you can't do that. K-1 is single entry visa - can't go in and out of the country with it. 

 

So, did you get married and haven't filed AOS yet? If you have filed for AOS but left without AP, you'll be sitting in Canada until your spouse files I-130 and you get an immigrant visa. 

If you haven't gotten married yet, there's a possibility to get the K-1 visa reissued (may need new medical and visa interview). 

 

So which one is it?

also reissued? do i contact montreal embassy?

 

[milimelo 4,729]

Well you've just hit new user post limit so you'll have to wait until tomorrow to add more replies. 

 

Again, answer the questions asked - did you get married? Did you file AOS? 

 

May want to proactively reach out to Montreal about reissuance IF you DID NOT GET MARRIED before departure from the US. 

[Dovahkiinali0605 0]

4 minutes ago, milimelo said:

Well you've just hit new user post limit so you'll have to wait until tomorrow to add more replies. 

 

Again, answer the questions asked - did you get married? Did you file AOS? 

 

May want to proactively reach out to Montreal about reissuance IF you DID NOT GET MARRIED before departure from the US. 

we did not get married and applied for AOS

 

[milimelo 4,729]

2 minutes ago, Dovahkiinali0605 said:

we did not get married and applied for AOS

 

You'll need visa reissued -contact Montreal. 

[Ban Hammer 14,268]

based on the username of the op, i'm guessing they play skyrim?

[JeanneAdil 7,078]

the line that stops u from entering is 

intends to maintain nonimmigrant status/  u have intend to stay and become LPR

AVR is usually meant for students ,etc

 

So, u need a CBP who is user friendly as u can easily be turned away

 

and don't stay out for 30 days or more

 

let us know if u are allowed in, please

Edited July 9 by JeanneAdil

[smilingstone 579]

Why on earth would you do that lol

 

 

Sounds to me like you did not maintain your status as a K1, by leaving the US shortly after entering. Likely will also call into question whether you will do this again.

Edited July 9 by smilingstone

[mam521 2,507]

If you could fill out your profile, it would be a great help to the community: https://www.visajourney.com/timeline/profile.php?id=490476

 

The Department of State, who determine eligibility and issue visas processed at embassies and consulates, have the information regarding K-1 visas here: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html . The important part is in blue - K-1 visas are a single use only visa.  You enter the US, you must marry and file AOS within 90 days of that date of entry.  You cannot leave or you invalidate that single entry visa. 

 

 

 

Additionally, the DOS lists the criteria for AVR here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html#:~:text=Nonimmigrants who departed the United,Departure Record%2C endorsed by DHS. and lists F, J and M visas, but not K visas.   IMHO, I suspect it's going to be an extremely challenging sell to try and pitch AVR when it's clearly stated that a K-1 visa is a single admission into the US and the categories of AVR eligible visas are limited.  Typically, if people leave before they marry and adjust status, they have to start at the beginning of the application process and go through the wait times as they did in the first place.  

 

 

In the e-mail you received from CBP, it says: 

 

 

You would be marrying and filing for an adjustment of status, thereby not intending to resume the same non-immigrant status.  

 

IMHO, I suspect it's going to be an extremely challenging sell to try and pitch AVR when it's clearly stated that a K-1 visa is a single admission into the US and the categories of AVR eligible visas are limited.  Typically, if people leave before they marry and adjust status, they have to start at the beginning of the application process and go through the wait times as they did in the first place.  

 

Apply and come back to the forum and let us know how you make out.  I'm certainly interested!  

[Lemonslice 5,235]

3 hours ago, Dovahkiinali0605 said:

I entered the U.S. on a K-1 visa on June 1st and left for Canada on June 2nd, remaining here for 20 days. I am now attempting to return to the U.S. through Toronto Pearson Airport (YYZ) using Automatic Visa Revalidation (AVR). My K-1 visa is expired, but my I-94 is still valid.

I consulted with a U.S. immigration lawyer who confirmed that reentry under AVR in this situation is legally allowed, though it is rarely used or attempted with a K-1 visa. The lawyer advised that while success depends on CBP discretion, the attempt is not illegal and is worth trying.

I also contacted CBP, and they outlined the AVR eligibility rules — specifically stating that as long as I have not applied for Adjustment of Status (AOS), I may qualify for AVR. The U.S. Embassy in Montreal responded as well, stating that if I had already married and filed for AOS, then I should not leave the country without Advance Parole. However, they did not explicitly or implicitly say that I cannot return under my current nonimmigrant status (i.e., K-1 with a valid I-94) if I haven't filed for AOS.

I am seeking clarification or similar experiences from others who may have attempted AVR on a K-1 visa, and would appreciate any insights on how CBP handled their entry

I have no solution, but I'm so curious about why you tried that.  

 

Please come back and let us know how your re-entry was handled.  Private car or bus, plane or train.  All details will be interesting.