I'm curious to know if anyone has entered the US while their case is pending and if that was difficult?

I have filed an I-130 and an I-129F. My son and I are going to Texas for Easter to visit my husband. We will be returning the weekend after ... we have return tickets. I work for the Canadian Federal Government, I own a home here, my son attends school here etc.

I plan to say I'm going to visit family. This isn't illegal is it? I'm getting nervous now as I will not lie.

I would definitely take proof of your ties to Canada with you, such as your mortgage/lease papers, a letter from your employer stating the date you are expected back, your most recent pay stub, as well as a letter from your son's school with the expected date of his return.

It is a very good idea not to lie when going thru the POE. If you tell them you are going to visit your husband for Easter, but plan to return after your "visit", and you have lots of proof of ties to Canada, you shouldn't have a problem. But, of course, there is never any guarantee that you will be let into the U.S., no matter how much proof you have with you. It is completely up to the POE officer to determine if you will be allowed entry. You could even take your NOA's to show that you have applied for, and are awaiting approval of, visas for yourself and your son.

I entered the US several times while our K-1 Visa was being processed without any problems, but I drove across the border, rather than fly into the U.S.

Good luck and have a happy Easter with your husband.

It is not illegal. Your husband is "family". We're going to visit family for Easter is a perfect reason for travel. Your round trip ticket is probably all you'll need but the other documentation would be good to have on hand in case something more is asked for.

Must be Monday,lol this question (by canadians) is brought up weekly on VJ,lol

1)bring ties to canada (mortgage, lease, letter from empoyer, etc)
2)Answer all questions honestly, but dont add on to much, dont blh blah blah
3)Don't bring a lot of luggage!!
4) look confident
5) Pretty much all comes down to the POE officer, so be polite!!!
6) And have a back up plan in case u get do get denied entry!! Its not a big deal if u do, as long as u were honest!!
I travelled monthly to DC and never had aproblem, but other s have been denied!! Best of luck!!

I did it and it wasn't a problem entering or leaving. That was even weeks before I did get my visa.
Just get in line as usual and don't even mention your filing case. They asked, whom I was visiting and I did say it was my fiance back then, the officer was friendly and didn't cause me any trouble. You might want bring some evidence of returning, like proof of returning to your job or/and ownership/rent house, just in case, but I didn't need it.
So enjoy your easter with your husband.

Hello everyone!

I'm new to all of this. I'm a Canadian citizen and have been married to an American citizen for over a year. We haven't applied for my visa as yet as we're just trying to do research first to figure out how we go about filing everything while I'm in Canada.
I'm just curious/confused...Is everyone saying that they have been travelling back and forth while waiting for their K-3 visa's to go through? I was under the impression that you couldn't leave the country until the K-3 visa was approved. Am I mistaken? (I'm sorry maybe it's something else you're talking about, and I'm coming up with my own ideas. Like I said though I'm new to all of this, so please be patient with me.)

**I too would like to go visit my husband for the long weekend and I'm wondering if any of you know what happens if you're denied entry even before you start applying for the visa? Does that ruin your chances of having it approved? How does it affect your application?

Thanks in advance everyone for you patience and advice!
Canadian_Butterfly

By the way, I agree with having as much information to prove that you're coming back and that you're only going for a visit. Good luck with getting across and enjoy your time with your husband!

From what opther VJ'ers wrote, being denied did not affect their visa. They were asked at the interview, they stated yes, and the interviewer stated it does happen. As long as ur honest all should be ok!! Many people travel to see thier other half while the K1, cr-1, Ir-1 visas are in process, there is a lot of misinformation out there. You can go see them, but at the same time you may be denied, all comes down to the POE officer, you can have a ton of evidence proving ties to Canada, and he may not belive it,and he doesnt have to. Saying that I never had a problem, and would do it again if I had to. Peopkle have been denied, but truthly who knows why, maybe they were not polite, tons of luggage, said something wrong, or the POE officer was having a bad day!! Best of luck

I think you will be fine! You have strong ties to Canada.

Have a great Easter!!

I have been denied twice. They felt I didn't have enough ties to Canada.

Come Interview time, I am not worried about it. I was honest at the Border and I will be honest at the Interview.

It does still make me a little mad. As a tourist I never had a problem travelling- now that I am married and going through the Legal process of Immigration, I get denied entry. Sigh.

You were denied twice? That's terrible! What didn't you have to convince them that you might not return?

I did get a letter from my employer today, we have round tickets, I'll bring my most current mortgage statement from the bank ... *sigh* ...

My fear is ... I'll get nervous ... like I'm doing something wrong!

I guess I really must be getting the wrong informtion from the lawyers I've been speaking to and even the immigration officers at the border...Because I was really under the impression that if you're denied entry into the U.S. that it doesn't help your application for the visa, as well you can't keep entering the U.S. (I don't know what you would have to do to get back, but that's what they were telling me.) Also the lawyers told me I can't travel-go to the U.S. or even leave Canada for at least 6 months, until I get that K-3 visa. They told me once that's approved then I could go back and forth but until then don't leave or that cancels the petition. AAAAAAAHHH I don't know what's right now!

Neen_in_Ottawa did you already get this K-3 visa and just waiting on something else now? I'm so confused about everything. This stress is going to kill me...

Thanks for your help everyone!

Canadian_Butterfly

**Just a note...I got stopped the night of our 1 yr wedding anniversary Feb 4th going across the border with my husband and they did eventually let me go but the guy said that he'd flag me and if I didn't put through my papers while I was visiting my husband in the U.S. then I would be denied entry the next time I tried to enter. That's why I too am worried about crossing the border this weekend. I don't know if the immigration officer was just trying to scare me or if I'm really flagged in the system. **

Neen_in_Ottawa... I get nervous too EVERY time I get near the border or even going to fly over. I feel so sick to my stomach! They make you feel like you did/are doing something wrong when you're not! It's horrible that we have to feel that way, when we just want to see our husbands! It's hard enough being away from them!

All the best with getting through at the airport, I'm sure you'll be fine since you'll have all that info. and you have a return flight. For me on the other hand, it could be harder.

Please let us know after your visit if everything went alright! Good Luck!

Canadian_Butterfly

You poor lil thing Canadian Butterfly ... don't stress .... there are bigger problems in the world! This forum has better information, real life examples .. better than a lawyer can offer! You'll get through it! Stay strong!

I don't have a K3 ... have filed but haven't been approved yet!

I like living on the edge ... I'm going for it!

Good response Neen_in_Ottawa!! I love it! You live on the edge... and you go for it!! LOL
I think I'm going to go for it this weekend too! I won't let the chance of being denied ruin my weekend and chances of being with my husband.
I think this site will help me figure out what's actually right and what is just WRONG!

Canadian_Butterfly

By the way Neen_in_Ottawa are you going through a lawyer or doing it yourself with the help of this site?

Canadian_Butterfly

I travelled often to see my husband without problems; and was asked basic questions and answered straight forward and short answers!!

Go for it Canadian_Butterfly ...

I'm doing it all myself ... with the help of the great people here!

I guess Easter is not so big a deal in the US ... my husband works Friday & Monday!

Ya, I hear you Neen_in_Ottawa...My husband is also working Friday & Monday too. And I think I will try doing it all myself too, with the help of everyone here of course!

Canadian_Butterfly

to add to my list, don't leave areas blank!!! put not applicable, none, etc

The problem is, that they will be able to see that you are in the system, and have the right to refuse you admittance into the US. I think that the problem is, that they believe that someone with a case pending, could enter the USA, stay here, and file a change of status to stay as a spouse of an American citizen. I have heard of people doing that, and at the same time I have heard of people being refused admittance into the country. It could be easier if he were coming to visit you, as I don't think that this would be looked at in the same way!

The first time I didn't have a return ticket. At that time me and Mel were clueless about the Immigration process, I didn't think I would have any problems coming home for a 2 week visit. We had just filed the I 130 in the US about a month before I came home. Looking back, I think it for the best I came home and am doing the process here. I don't know if staying in the US while it was processing may have complicated things or maybe I would have been sent back to Canada anyway? Don't know.

The second time I wanted to go for Mardi Gras. I had a return ticket, letters, bank statements, whatever I could bring. At that time I wasn't working. I don't own a home here in Canada- that is a big tie to Canada. I was nice, I was honest but still got denied.

I cant say enough how easy its been for us crossing back and forth. Maybe I have an honest face , maybe I act too dumb to be a threat, i dunno. I am so painfully honest with them, Im surprised they have charged me duty on anything. When we got engaged I pulled up to the booth waving my ring and squealing LIKE A GIRL ( cuz I am a girl). The guy laughed , congratulated me and sent me on my way.Everytime I cross I greet them as if they are an old friend, smile big and have my id in hand. Ive been thanked for having all of my docs ready when i approach the booth. I have a friend who would always include her business card with her id, showing 2 things 1) she has a job to return to and 2) she is offering to prove it without being asked. I can say, since filing, my husband has carried the majority of the travel burden which has been an every 2 week to a monthly thing. He is military and maybe that is in the info they have......I'd think the threat of being AWOL is bigger than being denied and if they have his job documented in their records , they know he's going back.

I'd sure hate to be the one who says " hey go for it, there wont be any trouble' and then have you get turned back BUT I think the odds of having a trouble free crossing are better than the odds you'll get in Vegas.

Have a great weekend

Success! We are here in Dallas!

The officer asked us where we were going (Dallas) who we were visiting (my husband)... and he said "have a great visit" and that was it!

Glad to hear you made it there w/ no problems Neen_in_Ottawa! I hope you're enjoying your time with your hubby! Happy Easter!


Canadian_Butterfly

(Sad to leave my hubby today....)

I've been to the US three times since we filed for the fiancée visa, and never had any problems. They asked how much luggage I had, how much cash I brought with me, how long I was staying and why I was there. On two occasions they asked when we were planning on getting married and I simply replied that it was up to the USCIS and that we were waiting for the approval. The immigration officers have never been anything but pleasant and corteous.

I just noticed you were going for easter... I hope you had a good trip.