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Crossing the US Border during the CR-1/K-1 process

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Filed: Timeline

I am a Canadian planning on marrying a USC, we are still deciding whether to do the K1 or the CR-1, but I had a question for all those that are currently having the K1 and CR 1 process…or have already went through the process….

Were you guys able to enter the US during your K1 or CR1 process?

If yes, what questions were asked and what proof did you provide that you will go back to Canada?

Is it possible to apply for the CR 1 and then wait it out for 6 months in Canada and then wait out the other 6 months in US – but then come back to Canada for the interview? Has someone did this?

Is it easier to cross the border by road or by air?

Do they record whatever information you provide them such as “I am visiting” etc into their system?

Any suggestions would help! Thanks in advance!!


2008 July 5 -- We met!

2008 Aug 9 -- He Proposed, I said YES !!

2009 Aug 21 -- Officially got engaged in front of family!

2009 Nov 22 -- We got married`

USCIS Journey: California Service Center

2010 Jan 08 -- Filed I-130 !

2010 Jan 11 -- I-130 Delivered!

2010 Jan 14-- NOA 1

2010 Jan 20 -- Touched

2010 Apr 01-- RFE notification via text/email =( [on my birthday]

2010 Apr 15-- Touched

2010 Apr 21-- Text recieved by USCIS indicating Approval-- NOA 2 hard copy mailed out Apr 20--[unbelievable how fast they responded with the approval in 4 working days]

Your I-130 was approved in 96 days from your NOA1 date.

x---x---x

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2010 Apr 26-- NVC Case Number Assigned

2010 Apr 27-- Email Addresses of Petitioner & Beneficiary given to Operator

2010 Apr 27 -- OPTIN EP & Sent DS-3032

2010 Apr 28 -- OPTIN EP Confirmation Rcvd

2010 Apr 28 -- AOS Fee Bill Payment Info Rcvd

2010 May 01 -- AOS Fee Bill Payment Status: PAID

2010 May 05 -- I-864 form and supporting documents emailed!

2010 May 12 -- IV Fee Bill Paid

2010 May 16 -- DS-230 Form and supporting documents emailed!

2010 May 19 -- Email recvd from NVC-Case Complete- SIGN IN FAILED!!

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Filed: Citizen (apr) Country: Canada
Timeline

There were many Canadians married to Americans who were able to visit during the CR-1 process (and the K-1 process too). The important thing is that when you arrive at the border - either air or land - you have with you proof of sufficient ties to Canada. This includes such things as a letter from an employer allowing for the time off (if you are going over for more than a few days/week) and advising when you are to return to work; a lease or mortgage for which you are responsible; ongoing bills (utilities, insurance, etc.) for which you are responsible; proof of enrollment in a university, etc. It is also a good idea to carry a copy of the CR-1/K-1 paperwork including any NOAs to show you are pursuing the proper immigration course. It is up to the border official each and every time you cross the border to decide if your evidence is sufficient. If they believe you are actually 'living' in the US rather than visiting, or if your ties are insufficient they may turn you back. Now that passports are required to enter they do record the passports into the system. It is hard to say whether they keep track of the 'I am visiting" or "I am shopping" or whatever reasons are given or not. I would presume on the safe side that yes, they do keep track of that type of information.

While it is possible for a Canadian to visit the US for up to 6 months, it is up to the border official to approve the request to visit. It is hard to provide evidence of ties to Canada if you are in the US for 6 months at a time. Generally, you should be able to provide evidence of a lease or a mortgage you are maintaining, utilities you are maintaining during that time, and explain how you are supporting yourself if you are away from work (or unemployed) for at least 6 months. Don't be surprised if you get turned back at the border if you plan an extended visit.

You need to be in Canada not just for the interview but for the medical examination, and to obtain the necessary documents requested by the Consulate. You would be better off to plan to spend the last part of the waiting process in Canada, not the US. You are also better off planning shorter trips during the process rather than spend extended amounts of time in the US.

You may wish to post your question in the Canadian forum where other Canadians who have pursued a CR-1 visa can give you the benefit of their experiences.

(Moving this topic to the CR-1 forum from the K-3 forum.)

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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