K-1 visa holders are eligible for automatic visa revalidation.
Table of Contents
Question
I’m in the United States on a K-1 fiancé visa, which, according to what I’ve read, allows for just one entrance into the country. However, in order to prepare for the wedding, a friend of mine has offered to take me shopping in Toronto, Canada. Someone informed me that everything was OK, and that I could return on the basis of my fiancé visa. Is that correct?
Answer
Although the K-1 visa is only valid for one entrance, its bearer may take use of a concept known as “automatic revalidation.” That means you may take a brief journey – up to 30 days – to either Canada or Mexico without having to surrender your I-94.
However, you must provide a copy of your Form I-94 as well as your passport. (For added security, make duplicates of each and leave them with a friend in the United States.) If you are within the time restriction on your I-94 when you seek to return and have not been inadmissible to the United States, you should be given readmission for the remainder of the period on your I-94.
This option is based on Section 41.112 of the United States Code of Federal Regulations.
However, each time you leave the United States, you are taking a risk. A border officer in the United States may be unaware with this section of the law, may not believe that you are still intending to marry, or may conclude that you have become inadmissible. Consult an expert immigration lawyer for a customized assessment.
You also did not specify which nation you are from, but if it is one of those designated by the US as “state sponsors of terrorism,” you will be disqualified for automatic visa revalidation. Iran, Syria, and Sudan were on the list as of late 2016.