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roshee

As a Canadian (married to American) can i visit during I-130 processing?

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Filed: Other Country: Canada
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:blink:

My husband ( as of march 12) and I , like all the rest of you out there, want to be together as soon as we can.

We have looked at his coming to Canada and my going to AZ.

We have begun the process of my going to the States.

We don't even know if it is allowed to have him apply to come to Canada at the same time as I apply to go there ? Has anyone done this?

My main question right now is....

How can I get to go to see him for a month this summer?

I have both a Canadian and a British passport.

I have heard horror stories about how I cant go there at all to visit now??? and about how long this visa k3 and I-130 can take. We had no idea it would be like this and are feeling so down today.

We are new to this site and I am so glad we found it now!

Hope to hear from any one of you who can offer any input!

Thanks so much. :innocent:

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Filed: Other Timeline

Yes, you can visit the US while your petitions are in process. Just have obvious and strong ties to Canada, like a job, a home, bills to pay etc. There's no guarantee they'll let you in, but lots of people do it all the time. See the Canada forum and have a search for similar topics for more tips.

And what do you mean have him apply to Canada at the same time? you mean have your husband apply for permanent residency to Canada at the same time as he's petitioning for you to move to the US? You could try it, but if either immigration office finds out somehow, one or both will be rejected outright if they think you're not serious about becoming a permanent resident of either particular country. Pick one and work on that. If it doesn't work out, *then* do the other one.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Yes, you can visit the US while your petitions are in process. Just have obvious and strong ties to Canada, like a job, a home, bills to pay etc. There's no guarantee they'll let you in, but lots of people do it all the time. See the Canada forum and have a search for similar topics for more tips.

And what do you mean have him apply to Canada at the same time? you mean have your husband apply for permanent residency to Canada at the same time as he's petitioning for you to move to the US? You could try it, but if either immigration office finds out somehow, one or both will be rejected outright if they think you're not serious about becoming a permanent resident of either particular country. Pick one and work on that. If it doesn't work out, *then* do the other one.

Rejection on what grounds???

Do you have any info on this?

Naturalization

Son's N-400 Timeline

08/14/2020 - Sent N-400 and I-912 waiver to TX lockbox

09/18/2020 - NOA via text

06/05/2021 - Notification of biometrics scheduled

09/17/2021 - Interview - decision cannot be made

11/24/2021 - Denial letter, 30 days to appeal

12/24/2021 - Appeal sent back with I-912 waiver

12/24/2021 - Motion to terminate deportation proceedings from 2013 filed

 

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Filed: Other Country: Canada
Timeline
Yes, you can visit the US while your petitions are in process. Just have obvious and strong ties to Canada, like a job, a home, bills to pay etc. There's no guarantee they'll let you in, but lots of people do it all the time. See the Canada forum and have a search for similar topics for more tips.

And what do you mean have him apply to Canada at the same time? you mean have your husband apply for permanent residency to Canada at the same time as he's petitioning for you to move to the US? You could try it, but if either immigration office finds out somehow, one or both will be rejected outright if they think you're not serious about becoming a permanent resident of either particular country. Pick one and work on that. If it doesn't work out, *then* do the other one.

Thanks for your input Reba ! That was so nice of you to let me know your thoughts and confirm what we had wondered about doing both processes at the same time. I pray I can get in to see him this summer or I feel like I will go nuts! I live in far northern Ontario, small town.... I don't like feeling like I have no control over anything! Looks like you and your husband had to wait quite a while to be able to live together. Glad it all seems to have worked out for you both!

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Filed: Other Timeline
Rejection on what grounds???

Do you have any info on this?

Rejection on the grounds that USCIS would consider that the couple do not intend to live permanently in the US, so why should they bother to process the petitions and applications?

There was a Can/Am couple a few years ago who had both processes going, the Canadian half was living in the USA with a 2 year green card and application in to remove conditions, (IIRC) and they sent in the applications to CIC for her husband to be able to move to Canada. She went home for a short visit, and upon her attempt to return to her husband in the US, border officials recinded her green card, they said because she did not actually intend to live permanently in the US but in Canada. How it came up I have no idea, but she ended up stuck in Canada for a year and a half while her husband was in the US waiting on CIC to approve his applications.

roshee, yes, my husband and I went thru hell with both immigration processes. We were close to our 3rd wedding anniversary before we were able to actually live together in the same country. Lots of people are able to visit during the process though, so don't fret too much about it. I was able to visit for about 5 months after I'd lost my job up home. Then I had to go back and wait and wait and wait...

We'll be re-starting the Canadian immigration ####### this year. I wanna go home.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Filed: Country: Canada
Timeline
Yes, you can visit the US while your petitions are in process. Just have obvious and strong ties to Canada, like a job, a home, bills to pay etc. There's no guarantee they'll let you in, but lots of people do it all the time. See the Canada forum and have a search for similar topics for more tips.

And what do you mean have him apply to Canada at the same time? you mean have your husband apply for permanent residency to Canada at the same time as he's petitioning for you to move to the US? You could try it, but if either immigration office finds out somehow, one or both will be rejected outright if they think you're not serious about becoming a permanent resident of either particular country. Pick one and work on that. If it doesn't work out, *then* do the other one.

Thanks for your input Reba ! That was so nice of you to let me know your thoughts and confirm what we had wondered about doing both processes at the same time. I pray I can get in to see him this summer or I feel like I will go nuts! I live in far northern Ontario, small town.... I don't like feeling like I have no control over anything! Looks like you and your husband had to wait quite a while to be able to live together. Glad it all seems to have worked out for you both!

Hi there,

I am from the Toronto area and I visited my husband who lived in Iowa quite afew times. I only had a problem once and it wasn't so bad. I don't think you will have a problem visiting him but it is a good idea to have proof that you will be returning to Canada. There were afew times that the border officer just said to me "you can't stay longer than 6 months...o.k.". As far as applying to both countries, it doesn't make sense. You need decide which country you are going to live in. I spent alot of time in the u.s. while waiting for my k-3 interview in Montreal. Good Luck

I-130

06-16-07 - I-130 sent

06-26-07 - I-130 NOA1 rec'd

12-03-07 - I-130 approved

I-824

12-17-07 - sent I-824 to california

12-28-07 - NOA for I-824

04-09-08 - NOA - file transfering to NVC

04-22-09 - called NVC-"haven't rec'd file as of yet". I was told to wait till I get the next action and then write a letter to them stating "will be persueing AOS"

I-129F

07-13-07 - I-129 sent

07-19-07 - I-129 NOA1 rec'd

12-03-07 - I-129 approved

01-02-08 - rec'd letter from NVC "will be sending i-129f to Montreal"

01-17-08 - rec'd Package 3

mailed Police Search Request to Hamilton Police Dept. with $40- money order

01-22-08 - mailed Package 3 to Montreal (checklist, ds-230 with attachments,

ds-156 filled out application ONCE but sent 2 copies)

03-29-08 - picked up police search results (came up negative....which is good)

02-04-08 - got medical done Dr Seiden Toronto Ontario

04-04-08 - picked up medial results from doctor's office - xrays of my chest and sealed envelope

13-04-08 - going to Montreal by car with my girlfriend-staying at hotel across from embassy, staying for 2 nights

04-14-08 - INTERVIEW DATE - Approved

04-16-08 - Rec'd passport back from embassy

04-21-08 - Port of Entry - Sarnia Ontario

EAD

05-02-08 - Sent I-765 to California

05-06-08 - NOA - California rec'd I-765 (work auth)

08-21-08 - Biometerics appt - took 5 minutes once we got there NOT ENOUGH SPACE TO FINISH MY JOURNEY............

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Filed: Other Country: Canada
Timeline
Yes, you can visit the US while your petitions are in process. Just have obvious and strong ties to Canada, like a job, a home, bills to pay etc. There's no guarantee they'll let you in, but lots of people do it all the time. See the Canada forum and have a search for similar topics for more tips.

And what do you mean have him apply to Canada at the same time? you mean have your husband apply for permanent residency to Canada at the same time as he's petitioning for you to move to the US? You could try it, but if either immigration office finds out somehow, one or both will be rejected outright if they think you're not serious about becoming a permanent resident of either particular country. Pick one and work on that. If it doesn't work out, *then* do the other one.

Thanks for your input Reba ! That was so nice of you to let me know your thoughts and confirm what we had wondered about doing both processes at the same time. I pray I can get in to see him this summer or I feel like I will go nuts! I live in far northern Ontario, small town.... I don't like feeling like I have no control over anything! Looks like you and your husband had to wait quite a while to be able to live together. Glad it all seems to have worked out for you both!

Hi there,

I am from the Toronto area and I visited my husband who lived in Iowa quite afew times. I only had a problem once and it wasn't so bad. I don't think you will have a problem visiting him but it is a good idea to have proof that you will be returning to Canada. There were afew times that the border officer just said to me "you can't stay longer than 6 months...o.k.". As far as applying to both countries, it doesn't make sense. You need decide which country you are going to live in. I spent alot of time in the u.s. while waiting for my k-3 interview in Montreal. Good Luck

:star:

Your input has put a smile on my face today. I AM SO THANKFUL that you 'gals' took the time to give me some advice and words of encouragement! I can't wait til July now! I am going to ask my employers for letters that I have a job to return to and that I am of good character, photocopy my bank statement in June and see what else I can take as evidence that I shall return 'home' after my visit. I will let you know how it goes :-) All the best to all of you out there.

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Filed: Other Country: Canada
Timeline

WOW , Rebecca! 3 years for you two! I see you are now doing the paperwork for the two of you to return to Canada. GOOD LUCK!! I hope all goes a LOT faster for you! I am going to give living in the USA with hubby a try for a bit, and then we will see if Canada is the better route to go for us after that.

SO, just to confirm, I dont, as a Canadian filing for US, need a B 2 visa then?? Just evidence I am going to be returning here - so that I can show this to the border people at Pearson airport?

Have a good day/night!

Roshee

Rejection on what grounds???

Do you have any info on this?

Rejection on the grounds that USCIS would consider that the couple do not intend to live permanently in the US, so why should they bother to process the petitions and applications?

There was a Can/Am couple a few years ago who had both processes going, the Canadian half was living in the USA with a 2 year green card and application in to remove conditions, (IIRC) and they sent in the applications to CIC for her husband to be able to move to Canada. She went home for a short visit, and upon her attempt to return to her husband in the US, border officials recinded her green card, they said because she did not actually intend to live permanently in the US but in Canada. How it came up I have no idea, but she ended up stuck in Canada for a year and a half while her husband was in the US waiting on CIC to approve his applications.

roshee, yes, my husband and I went thru hell with both immigration processes. We were close to our 3rd wedding anniversary before we were able to actually live together in the same country. Lots of people are able to visit during the process though, so don't fret too much about it. I was able to visit for about 5 months after I'd lost my job up home. Then I had to go back and wait and wait and wait...

We'll be re-starting the Canadian immigration ####### this year. I wanna go home.

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Filed: Other Timeline

No, you do not need a B2 visa, just your passport and evidence that you will in fact be returning to Canada when you say you will.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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  • 1 month later...
Filed: Other Country: Canada
Timeline
No, you do not need a B2 visa, just your passport and evidence that you will in fact be returning to Canada when you say you will.

Im not taking a chance on crossing the border and trying to go home (Arkansas) for a visit..I was refused entry Feb 2007 and just dont have the nerve to even go close to the border till I'm through with immigration. Way I see it red flagged once, is red flagged till I have permanant status in hand. I fully understand the ups and downs, high times and low times, and the worse is the frustration when it all seems to take forever, with no real clear reason as to why or how come's..Hang in there, and hope for the best..

Darcy

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