My wife's visa is pending

[petitioner 0]

Hi

I am a US citizen. I have sponsored my wife who lives in Canada. Our case is still pending she is waiting for an Interview appointment. I was wondering while she is waiting for an interview in Canada can she still enter US and stay here?

I appreciate your help

[Carlawarla 1]

Hi

I am a US citizen. I have sponsored my wife who lives in Canada. Our case is still pending she is waiting for an Interview appointment. I was wondering while she is waiting for an interview in Canada can she still enter US and stay here?

I appreciate your help

Sure, she can visit anytime during the process, however she needs to ensure she brings evidence of her ties to Canada. Things like perhaps a letter from her employer saying when she'll be away and when she's supposed to be returning to work, lease agreement, mortgage papers, an appointment letter or card from maybe a doctor or dentist...depending on where she is in the process, she could bring a copy of her NOA1 or NOA2 that would indicate she's currently in the process of legally obtaining permission to permanently move down there.

Here's a few links for you to check out, not only for this question, but for further ongoing support and information!

Canada forum here on VJ:

http://www.visajourney.com/forums/index.php?showforum=93

VJ Wiki page:

http://www.visajourney.com/wiki/index.php/Canada

Come on over and introduce yourself!

[YuAndDan 153]

THIS IS A FAQ: http://www.visajourney.com/faq/k1k2visa-application.html#4.6 (Allies to all)

She can "VISIT" but NOT STAY.

Note the origional reason for the K-3 was so that a couple could be reunited and wait for I-130 Approval.

NOTE The K-3 is an OPTIONAL visa the original intent no longer exists, USCIS has been tying the petitions together and approving then the same day, this negates the reason for the K-3, entry to USA and WAITING for I-130 approval.

USCIS has all but eliminated the reason the K-3 exists. K-3 was developed as an OPTION at a time when it was taking a LONG time to approve the I-130 for a spousal visa, K-3 allowed spouse to enter the USA and wait for I-130 approval before they could then move on and interview for a spousal visa or adjust status. Since USCIS has been tieing the I-129F and I-130 together for K-3 and approving them at the same time, this eliminates the whole reason for K-3 (Entry and waiting for I-130 approval). You can get a CR1 spousal visa in just about the same time as K-3.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC and USCIS has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[Moosker 7]

She can definitely visit! I came back & forth A TON of times! It's always a "risky" trip, because you never know if you'll get turned away, but most people get across without a problem. I always made sure I brought proof of my ties back to Canada, banking statements, credit card bills, student loan papers, rental agreements, anything that says "I have to go back..." The longest I stayed was 90 days, but typically they were around 1 month visits.

Good luck!