have to use k1 on first entry>

[astoria718]

I am planning to bring my fiancee on a k-1 visa from canada. But we would like to take a trip outside the USA post our religious ceremony. Can she come over on her canadian passport (as a visitor) and then one the return from the honeymoon, she invokes the k1 visa? I guess in simplicity, does the k1 have to be used on the first usa visit after it is granted or can that be acted upon at any time during its validity?

[MrsAllen2b]

The K-1 is a one-shot deal. If your fiance has it, then he has to advise the immigration office of this when he comes in. He'll be processed in as a K-1 holder. At that time you will have 90 days to get married. If he leaves without filing for AOS, your K1 will be null and void. Your best bet is to take the trip outside of the US prior to coming into the US on the K1.

[nichole]

So you want to marrry, honeymoon outside the US, then use the K1 entry?

Think about it. At that point she is no longer a fiance. She is a spouse and would need a K3 or CR1 visa to enter (immigrate).

[astoria718]

We are doing a religious ceremony in Canada, but from a legal perspective that would have no change in our status. From MrsAllen2b, seems like that once the K1 visa is issued, upon entry to the US that is the visa that must be used even if she has the ability to come in on visitor visa from Canada.

[nichole]

We are doing a religious ceremony in Canada, but from a legal perspective that would have no change in our status. From MrsAllen2b, seems like that once the K1 visa is issued, upon entry to the US that is the visa that must be used even if she has the ability to come in on visitor visa from Canada.

I just don't understand where/when the marriage will take place. When you say religious ceremony, I think wedding. Is that after a US marriage or before? People who have ceremonies in the foreign country have been denied at POE and told to get a K3 visa. They either slipped and used the word "wife" instead of fiance or had wedding photos in their bag or on their cameras. People have also talked Canadian land crossing people to not activate the K1 visa on a particular trip. But there's nothing certain that you can count on except the real immigration rules which is first crossing the K1 visa is used, marry, file for EAD/AP/AOS, and don't leave the US until the AP paper is received.