We got married in September. He's a french citizen living in Canada for many years, I'm a US citizen.

After we got married, he had to go back to Canada to work and we knew it would have to be that way for a while. We are going to file K-3 when he returns tomorrow.

Now, we are hearing horror stories of being banned, etc. upon entering the U.S. and we are getting really scared! Is it wrong for him to come back here to file for K-3? We understood that was the option that allowed coming back and forth.

Please help, we are getting paranoid...

Another option is to file for CR-1, this visa allows travel as well as work, costs less, and directly results in green-card (NO AOS $1010)

For Canada CR-1 takes only a bit longer than K-3.

CR-1 is I-130 WITHOUT I-129F

He does not have to come back for you to file for CR1 or K3. File the petitions when you have all the documents and proofs in order to the appropriate service center. He can try to come back and forth while the petitions are pending as he has in the past.... just be honest in answering questions at the border. Have proofs of ties to Canada as it may be needed. He may not be allowed to enter, that is always a risk if they think he is not going to leave.

I am unsure whether you meant that your husband would stay permanently when he returns tomorrow, so have covered both scenarios:-

Your husband cannot enter the US as a visitor if the intention is to stay permanently (this is visa fraud).

If he is entering the US to visit and intends to return to Canada without overstaying his allowed visiting period, then he is allowed to visit at any point of the process (for either K3 or CR1). However, he should bring strong ties to Canada each time he visits incase he is asked by the border officers to prove his intentions to leave. The border is within it's rights to refuse entry to the US if it believes he is intending to stay permanently. It is your husbands responsibility to supply enough evidence to prove otherwise.

Hope this is helpful

He has already got the ticket to come here and I miss him!! I want him to come here to be with me for a few weeks at least... I want to file this stuff together.

We don't have anything filed yet... what does he say to the border agent? "We are going to start the immigration process and to visit?"


Thanks, we are really stressed.

I would think that you just tell the POE you're coming to visit. You don't need to give anymore information than what they ask for.

If it's only for a few weeks, I see no problem with that.

All he has to say is he is visiting friends and family.

thank you... yes that is what we want to do... just visit for now (and get the papers filed together). We plan on doing a lot of back and forth from US and Canada. He's an interpreter and there is not that much need in the Southern US for that! (french)... He has all the papers that tie him to Canada with him... hopefully that will be enough.

I'll be glad when he is here safely... it's really stressful esp. to him. We are both so surprised on how complicated it can be for 2 adults to be together if they are not from the same country!

He will just have to answer each question honestly. I would say "to visit", unless filing is his MAIN reason for returning to the US.

Answer all questions directly and do not offer more information than is asked of him. Be sure to have supporting evidence of returning to Canada (return ticket, letter from his employer stating he is in permanent employment INCLUDING the date he will return to work, proof of owning property or anything else you can think of that proves his intention to return).

As I said, visiting is allowed as long as he can prove that he intends to leave (burden is on him to do so). You may want to look at your US consolute home page and print the question regarding visiting while applying for a visa.

Is this the same situation if we have already filed for an I-130 application? My husband is going to ask for a block of time off from work and come visit for a month in May. USCIS hasn't even entered our information yet so I do not have a lot of hope that it will be completed before May. Can he come over on a Visa to visit me?

This link should be helpful. It's in the K-1 section but it's applicable to all who are visiting the US.

Very much appreciated Thanks!