What are the travel restrictions if you are waiting for a case from the NVC and have a K1 visa?

I live in the US he lives in Canada. We had already booked for him to travel here to see our baby in a sonogram before the K1 application had been approved at USCIS. He will only be here a week. Is he allowed to travel during the time at NVC and being sent to the Montreal embassy? Will it effect our K1 visa? We can’t seem to get any answers from NVC or the embassy.

Asked on September 10, 2015 under Immigration Law, Texas


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he is a Canadian citizen he does not need a visa to enter the US as a visitor for up to 6 months so he should be able to do that even with the pending K1 petition and once the interview is scheduled in montreal he can return there for the interview.

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