Jump to content
sean.law

Beneficiary helping petitioner move to the US to establish domicile - Border issues?

5 posts in this topic

Recommended Posts

Hello!

We just received our NOA1 today. Very exciting! The plan is for my wife (the petitioner) to move back to the US from Canada before our case goes to the NVC so she can show domicile for the AOS. Where she's planning on moving is about an hour from here so I'd like to help her with the moving. I expect I might have some problems crossing the border with us both in a moving van. If I were to bring proof that I'm returning (copy of rental lease in Canada, letter from employer stating I'll be returning to work, copy of moving van rental agreement showing the van must be returned to the Canadian location), will this suffice? Or would I be better off going in a separate vehicle?

Thanks!


2015.07.20: Sent I-130 package

2015.07.26: NOA1 (routed to CSC)

2015.08.19 NOA2 (25 days approval INSANITY)

2015.09.07 NVC receives case (19 days)

2015.09.18 NVC assigns case #

2015.09.21 DS-261 submitted

2015.09.21 AOS bill paid

2015.10.27 AOS/IV package arrives at NVC

2015.10.28 DS-261 reviewed (didn't call)

2015.10.28 scan date for AOS/IV (30 day review)

2015.10.29 IV bill paid

2015.11.03 DS-260 submitted

2015.12.09 Case complete at NVC

2015.12.15 Receive interview date

2015.12.22 Medical exam

2016.01.28 Interview - approved!

2016.01.29 Visa is issued

2016.02.01 Receive waybill number

Share this post


Link to post
Share on other sites

Honestly, I would go in a separate car. See it from CBP's point of view, here is a USC coming in a moving van with a foreign spouse, asking to enter the US... That shows both ties to the US and intent to immigrate. In my opinion, it's just not worth the risk.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

Share this post


Link to post
Share on other sites
Moved from IR-1/CR-1 Process & Procedures to Canada regional forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

Right, I agree it would be hard for them to let me through. Even with all the evidence of returning I don't think they could let me do it.

Another option is to go separetly but then I need to lie to them when they ask why I'm going to the US. Plus when my wife goes over the border in the van they're likely to ask her a number of questions and surely the visa application will come up. Will this put the border guards on the look out for me? So if I were to cross after her they wouldn't allow me in? I can always go first but they might want to know where I am when my wife is questioned and it might come out that I'm already in the US. I don't think they'd like that very much. We don't want to lie so I'm not sure how to do this. Any ideas?

We might need to hire movers for her across the border so she can go solo and they can help her move. Once she's there I can attempt to visit.


2015.07.20: Sent I-130 package

2015.07.26: NOA1 (routed to CSC)

2015.08.19 NOA2 (25 days approval INSANITY)

2015.09.07 NVC receives case (19 days)

2015.09.18 NVC assigns case #

2015.09.21 DS-261 submitted

2015.09.21 AOS bill paid

2015.10.27 AOS/IV package arrives at NVC

2015.10.28 DS-261 reviewed (didn't call)

2015.10.28 scan date for AOS/IV (30 day review)

2015.10.29 IV bill paid

2015.11.03 DS-260 submitted

2015.12.09 Case complete at NVC

2015.12.15 Receive interview date

2015.12.22 Medical exam

2016.01.28 Interview - approved!

2016.01.29 Visa is issued

2016.02.01 Receive waybill number

Share this post


Link to post
Share on other sites

Others have gone down to help the USC spouse move.

If you're not far from the border give it a shot. Gather everything single thing you can think of from the NOA1 to dentist or doctors appointment saying you will be back for that.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×