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
Anyone wondering what happened to my case. I went to YYZ pre-clearance at first she said she doesnt know if it applies to K1. but she sent me to secondary inspection they did 20-30 min research without asking much and they revalidated it under AVR until the original date.
