Lance27

On 7/9/2025 at 1:18 PM, 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

June 2 to July 9 is 37 days. Did you mean to say you left to Canada on July 2?

You want to salvage things even after the way you were treated? I agree with others here, you definitely dodged a bullet. I for one would never want to be part of such a family if I was treated that way. Are you sure this guy is 44? I know 3 and 5 year olds who are a lot more emotionally mature that your former fiance. Best to move on and find someone who truly appreciates you.

12 minutes ago, JeanneAdil said:

You should update it as there are some jobs available only to citizens ^per noted on ss card
also Loan officers looking at SS card , give lower rates to USC  

for your spouse , if anything happened to you,  there are IRS estate tax breaks when SS card shows USC

Yeah for sure. It's something I need to take care of for sure. I have about 18 years of work credits and apparently SS won't make payouts if I retire outside the US. Also as you mentioned, need to make sure my wife can get spousal benefits in case anything were to happen to me.

4 hours ago, Megha13 said:

Hi! Yes! That I would do. And already in N400 there is an option where you check yes and it also another option to check yes to receive a new card.

 

 

My question was I didn't update the status to SSA after I got green card in 2016.

I hope so. Thank you 

My SS card still says 'not valid without DHS authorization' 😄. I got my citizenship in 2019. I still need to make an appointment with SSA office to update and get a new card. 

You will be fine. Just get it updated after your oath ceremony.

You can file a tax extension online. Also as someone who almost always owes $$, I usually gather all my tax documents and prepare my taxes usually in March and then file them right at April 12 or 13 with my payment. Trust me it will make your life a lot less stressful.

On 3/7/2025 at 10:48 AM, CharlieAndCece1 said:

She is also covered by travelers insurance in case of emergencies but they will not consider these tests an emergency 

 

I would recommend reviewing the travellers insurance terms. Usually pre-existing health conditions are not covered by travel insurance. Your best option is to get insurance from marketplace (ACA).

The US consulate in Vancouver used to process K1 visas, but that was a long time ago. All immigrants visas are now processed only by the US consulate in Montreal.

7 hours ago, apond said:

Not sure where to put this one. My spouse is Canadian and got her greencard in Nov 2024. Her Passport is expiring so we are planning to make a run at the border next week to do pictures and the renewal but it won’t be same day. So when reentering the US ( land crossing) she will only have her greencard. I know this shouldn’t be an issue but just need some reassurance. 

You should be able to re enter just using your green card. 

With regards to the passport, have you tried contacting the Canadian consulate in the US. I was able to renew mine in Dallas. You can also renew via mail. I believe you need to mail application to Sudbury ON. 

4 hours ago, HRQX said:

Read 8 USC § 1185(b). The President* allows exceptions to the passport requirement; i.e. CRBA, NEXUS card, Naturalization Certificate, US Birth Certificate, Enhanced Drivers License, etc.

*via DHS, a cabinet department

 

Furthermore, INA § 215(b) no longer has an associated penalty: http://isaacbrocksociety.ca/2013/05/01/the-history-of-the-requirement-that-u-s-citizens-only-use-u-s-passports-to-enter-the-u-s/ "The punishment for violating the law?"

 

An example: Maximiliano left and entered the US without ID https://youtu.be/1FB1FTXwGLw?t=2237

I don't see Canadian passport on any of those links.

Just to clarify, a USC should be entering the US as a US citizen.

US citizens need to enter the country on a US passport. 

19 hours ago, stech786 said:

They can mail that in

 

They already have that info on computer anyways. I’m not asking to build a network setup in each VO house. All you need is laptop, which they already own

 

they probably use VPN at embassy & can use VPN home.

 They also need to take your biometrics. Can't do that via Skype.

10 minutes ago, L&C ARG said:

 

 

3) If the K1 is not approved by September, can my fiancée go to US with tourist visa to visit me at least periodically? Or would that be a problem?

 

4) Once we get the K1, get married and start the EAD process, could my fiancée still work remote for her Argentine employer being paid in Argentina? This while waiting for the EAD process. 

3. Yes she can visit on the tourist visa. It's up to CBP to parole people in though.

4. No. She cannot work.

10 minutes ago, L&C ARG said:

Thanks so much. This community is everything!

 

Hopefully someone can help you out on 1 and 2.

Good luck.

14 hours ago, tiffanymarie12345 said:

I don't think they offered him to withdraw his application but they did cancel his esta and they also made him sign maybe 2 papers and asked him to put his right hand on the Bible and just tell the truth.. how would I find out if they did a expedited removal? I don't think they did because he never even made it to the US and the passport notation was 8 cfr 217.4(a)(1).. nothing else was written and they even told him if he wants to come back he needs a visa now... 

You are okay to apply for a K1 visa. The denial at POE will not be am issue.

6 minutes ago, Jelly_Belly said:

Ok, my mother-in-law does not need to obtain a work visa (she is retired, and has a pension), just the green card.  So, would it be better that my wife apply for her with the 1130, as my mother-in-law doesn't really want to stay here for the duration of 12-18 months?  She has no problem going back and forth.  Thanks!

If she doesn't want to stay until AOS is completed then the I-130 is the best option.

7 hours ago, CoriandPhilemon said:

Do you know anything about the waiver? What makes someone “eligible”?

The CO will make that determination.

The wife will need to apply for a spouse visa she cannot apply for a fiance visa if she is married.

8 minutes ago, Zeriox said:

A year ago I came to the US on ESTA to visit my girlfriend. She asked me to marry her on her birthday and we filed for Adjustment Of Status. We paid all the fees and waited a few months. We did all that before my 90 days were over. So I did NOT overstay. Then things got a little complicated. She had to move out of her apartment and I got sick (stomach problems) but I wasn't able to see a doctor because I had no insurance. That was because I didn't have my SSN yet. I received my interview letter 1-2 weeks later. Then a family member died and unfortunately I had to return to my home country. I just bought a ticket and left. I called the USCIS from my home country and canceled the interview. That's all I did. It wasn't easy but I had no other choice.

 

I still have my case tracking number and it says "Case denied". But actually I abandoned it and canceled the interview.

 

Am I now banned from going back on ESTA? There's no way I would be able to get a B2 Visa. I have a disability and I don't have a job plus I live with my parents at the moment. So I don't have any binding ties. And I'm married to a US citizen. There's no way anyone would give me a B2 visa.

 

I'm scared that I might not be able to go back to the US ever again. I never overstayed and I did things the right way.

You can have your wife petition for you as the beneficiary of a USC. File the I-130 and go the CR1 route.

28 minutes ago, Dome said:

My fiance is living and working in Canada on a work permit, which will expire the beginning of May. We received the NOA2 at the beginning of this month.

 

I am beginning to become worried that we won't be able to get an interview date before her work permit expires. She could do a tourist visa to stay in Canada longer, but would she be allowed to do the K1 Visa interview on a tourist visa?

 

How difficult would it be to switch embassies this far into the process if we can't get an interview before the work permit expires?

She will not be able to interview if she is out of status in Canada. US consulate in Montreal will ask for proof of residency in Canada. I believe you can request to have the interview moved to her home country.

I had my interview last month. I filed August 2018.

1 hour ago, Wendy said:

After 18 years as a green card holder, I finally applied for citizenship.  I went to my biometrics appointment yesterday, and when I went to put my ID away today, my green card was gone.  I have looked EVERYWHERE.  What should I do?  Should I spend $455 to replace it so that I can hand it over to them to destroy soon after?

Wow that really sucks. I applied after 13 years and had to apply for a replacement green card as I had lost mine. You will need to turn in the card when you get your citizenship. 

6 hours ago, MariKi said:

Hello everyone. I’m an Italian citizen, my boyfriend lives in the USA but he can’t visit me right now. Because of this, I tried visiting him. I landed in Detroit but they deported me and revoked my ESTA because they thought I would overstay, which is not true. Now I want to apply for a tourist visa as that is my only option right now. But I’m wondering, will they deny me without second thought? I’m a student with no job, I live with my family, have no kids or anything. My only ties are my school and my family. I feel like that will be a problem. I don’t know what my options are at this point. Is there anything I can do to ensure they don’t deny me? 

If he is in Detroit, you can visit Canada and meet in Windsor. It's right across from Detroit. 

Wow Montreal got slow again? It took me 5 months to get my interview date after sending in packet 3 to the consulate. This was in 2007. In 2008 I was looking at timelines and it was taking 2and 1/2 to 3 months to get the interview date. 4 months is a long time but its a little better than the 5-7 months it was taking in 2007. Hopefully everyone waiting will get their interview dates soon.