Flight Attendant applying for K-1 status.

[Sparker 0]

Hello all!

Mike and I (Steph) decided to get married! Hopefully sometime this winter.

He is in the american army and I am a flight attendant for a canadian airline.

I am planning on keeping my job, at least for the time being and am concerned about the limitations that the Petition for Alien fiancee and K-1 visa will pose on my ability to travel.

We have been scouring the USCIS and travel.state.gov website but have been unaable to find the answers to theses questions...

As well the "non-immigrant visa application" asks: "have you ever been to the US? When? For how long?" and "Enter additional visits." I have lived close to the border my whole life and I have travelled to the US on many occasions that way. I have also been flying there for over a year now. And I will continue to commute to work in Vancouver from Hawaii. Sooooooo......

What do I answer to those questions and how do I ensure that my work is still possible?

Any information would be greatly appreciated,

Steph

Edited December 20, 2007 by Sparker

[mox 298]

First, realize that nothing about the K-1 filing limits your visits to the US. So numerous (legal) trips to the US before and during the process have no affect, assuming you're not doing anything fraudulent. For argument's sake, we'll say you're not traveling to commit fraud.

As for what to put on the application, you'll probably want to write up an attachment documenting your numerous trips and your occupation. If you were traveling on Visas, note it. Just be as forthcoming as you possibly can. If you can't remember dates, be as specific as you can. Don't sweat it too much, they're not going to be looking to nail you on an incorrect date here or there.

[Sparker 0]

k so even when we file that application and, for argument sake it is approved, we get married, I can still travel in and out of the US?

and I can do this while waiting for my change of status application to be approved?

[ddkm 0]

I would speak with your employer

[SonoranSongbird 3]

My fiance is Canadian and I asked about that question because I am quite sure he cannot possibly remember every trip he has ever made to the US. What other Canadians have done is put things like "various trips to the US between (whatever dates). You might want to include an attachment for that saying in essence what you said here but giving dates that you've worked in your job, dates you've visited him in the US, and so on.

As for traveling to the US while the application is pending, it should not be a problem. What WILL be an issue is once you have the visa, it is a single entry--and you will obviously need to be able to fly in and out of the country multiple times before you've adjusted status or gotten the AP that allows you multiple entries. You might want to try asking this on the Canada Branch. There are a few couples who live in border towns and had to commute across the border and had this issue.

[Mike and Elisa 0]

Where does the limitation on travel come from?

In the case of a K-1 visa, is the limitation on travel simply a practical matter due to the fact that the K-1 is a single entry visa and if you leave without an AP, you have no way to get back into the country without a new visa, or does the immigration law say "NO TRAVEL without an AP".

If it's simply a matter of not being able to get back into the country, then I wouldn't think it would make any difference to you because a Canadian citizen doesn't need a visa of any form to enter the US and you could come and go as you choose just as you always have. If the travel limitation is due to a law, then it's a different story.

Once you're on AOS, I believe the LAW says you can't leave without an AP. In which case you would be out of luck until you can get an emergency AP.

I'm hoping that someone with more knowledge than I have can respond.

[desert_fox 32]

I dont think that they would care. You prob have a C or D visa as a member of the flight crew, and therefore cannot adjust status if you use it to enter the US.

[mox 298]

k so even when we file that application and, for argument sake it is approved, we get married, I can still travel in and out of the US?

and I can do this while waiting for my change of status application to be approved?

That's a whole different question. Take a look at the guides under "advance parole." You need to have applied for and received parole to be able to leave and re-enter the country.

[eau_xplain 2]

If the OP does have a C or D visa, then they might want to consider getting married and going through the K3 or CR1/IR1 route. Since she is free to travel in and out of the US, they can get married on one of her trips down to the US. When she returns, they can file the K3 or CR1/CR2. While that is being processed, she can continue to travel on her C or D visa as part of her work.

[luukee 18]

If the OP does have a C or D visa, then they might want to consider getting married and going through the K3 or CR1/IR1 route. Since she is free to travel in and out of the US, they can get married on one of her trips down to the US. When she returns, they can file the K3 or CR1/CR2. While that is being processed, she can continue to travel on her C or D visa as part of her work.

Hello Eau_xplain - I'm new here and was wondering if you can expand on this further or if there is somewhere else that you can point me to.

So is it possible for a flight crew on a C1D visa to enter the U.S. and get married here in the U.S. After which they continue to go back to their country and work as a flight attendant while the U.S. Spouse files for a K3 or CR1/IR1 Visa?

Thanks so much for your help.

Edited December 20, 2013 by luukee

[B & G 200]

Hello Eau_xplain - I'm new here and was wondering if you can expand on this further or if there is somewhere else that you can point me to.

So is it possible for a flight crew on a C1D visa to enter the U.S. and get married here in the U.S. After which they continue to go back to their country and work as a flight attendant while the U.S. Spouse files for a K3 or CR1/IR1 Visa?

Thanks so much for your help.

This particular thread is over 6 years old and the member you are addressing your question to has not logging in since sep 2012.

You will get more answers if you post your question in the Work Related forum.

[luukee 18]

This particular thread is over 6 years old and the member you are addressing your question to has not logging in since sep 2012.

You will get more answers if you post your question in the Work Related forum.

Thanks for the advice B&G!

[TBoneTX 43,059]

Ancient thread closed.