K-1 & Canadian Border

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Old Feb 5th 2001, 3:37 pm
  #1  
zhighuli
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Is it only Canadians who can cross the Canadian border on a K-1 visa without AP before
they have filed AOS? I mean, once my fiance gets here from Ukraine on his K-1, will he be
allowed to re-enter the US without AP even if we haven't ? I guess he might not even be
allowed into Canada in the first place without a visa.
 
Old Feb 5th 2001, 3:42 pm
  #2  
Perdue
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Is it only Canadians who can cross the Canadian border on a K-1 visa
> without AP before they have filed AOS? I mean, once my fiance gets here from Ukraine on
> his K-1, will he be allowed to re-enter the US without AP even if we haven't ? I guess
> he might not even be allowed into Canada in the first place without a visa.
>

You're right, he would need a visa. Once he has his green card, he is free to enter Canada
without one, but prior to that he'd have to have a visitor's visa.
 
Old Feb 5th 2001, 4:20 pm
  #3  
Andy Platt
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Perdue answered the question about a need for a visa to visit Canada - I will address the
issue of using the K-1 for multiple trips across the border. It doesn't matter which
nationality you are in making use of this part of US immigration law - Canadian, Ukraine
or Martian are treated equally in this respect. The only requirements are that you are
still unmarried, within the 90 day period and have a trip less than 30 days.

Andy.

--
I'm not really here - it's just your warped imagination.

> Is it only Canadians who can cross the Canadian border on a K-1 visa without AP before
> they have filed AOS? I mean, once my fiance gets here from Ukraine on his K-1, will he
> be allowed to re-enter the US without AP even if we haven't ? I guess he might not even
> be allowed into Canada in the first place without a visa.
 
Old Feb 5th 2001, 4:26 pm
  #4  
Jer & Missy
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In article <[email protected]>,
> [email protected] wrote:
> > Is it only Canadians who can cross the Canadian border on a K-1 visa without AP before
> > they have filed AOS? I mean, once my fiance gets here from Ukraine on his K-1, will he
> > be allowed to re-enter the US without AP even if we haven't ? I guess he might not
> > even be allowed into Canada in the first place without a visa.
> >
>
> You're right, he would need a visa. Once he has his green card, he is free to enter
> Canada without one, but prior to that he'd have to have a visitor's visa.
> >
>
Also to note, the situation is not if one has applied for AOS, it is if the couple has
gotten married. There have been a number of people in the group who have entered the
US on a K1 visa and returned to Canada and then re-entered the US before they were
married. This same situation was explained to me at the POE by the INS officer when I
entered with my K1. As long as I was not married and it was before my I-94 had
expired, I could return to Canada then re-enter the US without AP. Once married this
would not be possible unless one has applied for AOS and received Advance Parole.

Jer & Missy Our Visa Site: http://my.voyager.net/~hockeybabe/visasite/ POE Rolling List:
http://www.k1poelist.com
 

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