Can I visit the US

[us_know 0]

Heyyy Guys

I have received my I-130 receipt. I would like to know if I can visit the US for a month and come back - is it possible ??

thanks

[Chris_Жанна 11]

Heyyy Guys

I have received my I-130 receipt. I would like to know if I can visit the US for a month and come back - is it possible ??

thanks

You're going to get mixed reviews on this one.....

Technically yes, you can. But if you are coming to visit the U.S. You will have to prove to the CBP officer very strong ties to Canada and even then they (CBP) still has the right to deny you entry in the U.S.

So, really it's a ####### shoot. If they deny your entry it will not hurt your I-130 but you are entering into the U.S. with dual intent.

My fiancee visited me from Russia and we waited for our NoA2 together and we had absolutely no problem at the PoE at JFK when she arrived. You may want to post this in the Canada regional discussion there are many ppl who can help you that are in a similar situation.

Good luck.

[Wyatt's Torch 45]

My educated guess is that it shouldn't be a problem, so long as you are polite and honest with them. I'm contemplating an extended visit to see my wife fairly soon as well. So far I've had a few one-week trips down there, even while our case (formerly a K1, but that's another story...) was in process.

It might help to get a NEXUS pass, since you're Canadian.

I would also try to pack as light as possible.

P.S.: Chris is right...there IS a similar thread to this down in the Canuck forum.

Edited October 16, 2009 by Wyatt's Torch

[Lancelotte25 1]

I am planning the same thing to visit my wife in CA, but our lawyer said this will cause problems with the processing of our CR-1. I don't know exacty what is the certain reason why this may cause a problem, besides I don't intend to stay longer than the period that will be given for me just incase they will allow me to enter the US while we are on the process of CR-1. I got my job here in Saudi, so I really have the intention to go back after the certain period of visiting my wife.

[sachinky 464]

You have to prove really strong ties that you're going to go back. For me, it's hard to prove because I just got married, my husband is there, I just got out of college so I can no longer say I have to return on so-and-so date for school, I am here for only a few months to wait for the visa processing so I am not working full-time. I don't really own property either. So yes, I would not apply as I cannot demonstrate sufficient cause for coming back. Even though I spoke to the US consulate and they said yes you can go, they also mentioned I might be denied at the POE.

[us_know 0]

Heyyy Guys

I have received my I-130 receipt. I would like to know if I can visit the US for a month and come back - is it possible ??

thanks

Thanks guys - I appreciate all the help

[amy83 0]

Hello, I too am from Canada and we haven't had any major issues crossing while CR-1 is in progress...and I don't have ANY ties to Canada whatsoever. We are always prepared and sometimes get a rude border guard, but so far no issues, and I come back and forth monthly - at least. We just received our NOA2 and I crossed into US soon after - we just said we were in immigration process and they let us through. I had a couple of issues (being pulled into secondary) while pregnant and before we were married, but now we have been very lucky. Good luck, bring all yoru immigration info with you. Once I was asked how they knew I wasn't going to illegally stay and I said unfortunatly you will just have to take my word that I don't want to screw up my immigration chances and that they could see how much back and forth travel I have been doing...I keep coming back to Canada.. if I was going to stay illegally wouldnt' I have done it by now?! He didn't look totally amused with my response, but said have a good trip!

[amy83 0]

Hello, I too am from Canada and we haven't had any major issues crossing while CR-1 is in progress...and I don't have ANY ties to Canada whatsoever. We are always prepared and sometimes get a rude border guard, but so far no issues, and I come back and forth monthly - at least. We just received our NOA2 and I crossed into US soon after - we just said we were in immigration process and they let us through. I had a couple of issues (being pulled into secondary) while pregnant and before we were married, but now we have been very lucky. Good luck, bring all yoru immigration info with you. Once I was asked how they knew I wasn't going to illegally stay and I said unfortunatly you will just have to take my word that I don't want to screw up my immigration chances and that they could see how much back and forth travel I have been doing...I keep coming back to Canada.. if I was going to stay illegally wouldnt' I have done it by now?! He didn't look totally amused with my response, but said have a good trip!

Like the previous poster said...pack lightly and think about he things you pack...I once stupidly gave my husband a pot and pan set I wasn't using and the border guard was like why the heck would you travel with pots and pans when trying to prove your not moving over here illegally??!! I was like you cant use copper bottom pans on a flat stove like my parents have so I gave it to him...the border guard just said looks bad, but have a good trip! So a very stupid move on our part, but diddn't cause much issue in the long run. I leave some clothes, etc for my son and I at my husbands, and then we don't have to pack very much.;..they always look in my bag, and I haven't been pulled into secondary in a long time. Good Luck, worst that will happen is you get turned back

[us_know 0]

Hello, I too am from Canada and we haven't had any major issues crossing while CR-1 is in progress...and I don't have ANY ties to Canada whatsoever. We are always prepared and sometimes get a rude border guard, but so far no issues, and I come back and forth monthly - at least. We just received our NOA2 and I crossed into US soon after - we just said we were in immigration process and they let us through. I had a couple of issues (being pulled into secondary) while pregnant and before we were married, but now we have been very lucky. Good luck, bring all yoru immigration info with you. Once I was asked how they knew I wasn't going to illegally stay and I said unfortunatly you will just have to take my word that I don't want to screw up my immigration chances and that they could see how much back and forth travel I have been doing...I keep coming back to Canada.. if I was going to stay illegally wouldnt' I have done it by now?! He didn't look totally amused with my response, but said have a good trip!

Like the previous poster said...pack lightly and think about he things you pack...I once stupidly gave my husband a pot and pan set I wasn't using and the border guard was like why the heck would you travel with pots and pans when trying to prove your not moving over here illegally??!! I was like you cant use copper bottom pans on a flat stove like my parents have so I gave it to him...the border guard just said looks bad, but have a good trip! So a very stupid move on our part, but diddn't cause much issue in the long run. I leave some clothes, etc for my son and I at my husbands, and then we don't have to pack very much.;..they always look in my bag, and I haven't been pulled into secondary in a long time. Good Luck, worst that will happen is you get turned back

Thanks so much Amy - I am on my way to the US

[us_know 0]

Hey amy

When did u receive your NOA2 - did u get an email about it or did u receive it by mail

[Wyatt's Torch 45]

Hey amy

When did u receive your NOA2 - did u get an email about it or did u receive it by mail

I'm not Amy, but I'm in the same boat in terms of visa process etc.

You WON'T get an email about it. You should check your case status online with the receipt number of your NOA1. They WILL mail it out to you, but usually it's up to two weeks after the actual approval. And as we all know, two weeks feels like a very long time when you're waiting for the next step!

Yours could be processed quite soon, given recent timelines for I-130s. It was only four weeks from NOA1 to NOA2 for mine, so it may be similar for yours. Good luck!

Edited October 16, 2009 by Wyatt's Torch

[us_know 0]

Hey amy

When did u receive your NOA2 - did u get an email about it or did u receive it by mail

I'm not Amy, but I'm in the same boat in terms of visa process etc.

You WON'T get an email about it. You should check your case status online with the receipt number of your NOA1. They WILL mail it out to you, but usually it's up to two weeks after the actual approval. And as we all know, two weeks feels like a very long time when you're waiting for the next step!

Yours could be processed quite soon, given recent timelines for I-130s. It was only four weeks from NOA1 to NOA2 for mine, so it may be similar for yours. Good luck!

Thanks so much - I get so paranoid sometimes - just want to be with him asap - promise myself not to think much abt it - but just cant help it - thinkin of gettin pregnant - mayb that will distract my attention

[Wyatt's Torch 45]

Hey amy

When did u receive your NOA2 - did u get an email about it or did u receive it by mail

I'm not Amy, but I'm in the same boat in terms of visa process etc.

You WON'T get an email about it. You should check your case status online with the receipt number of your NOA1. They WILL mail it out to you, but usually it's up to two weeks after the actual approval. And as we all know, two weeks feels like a very long time when you're waiting for the next step!

Yours could be processed quite soon, given recent timelines for I-130s. It was only four weeks from NOA1 to NOA2 for mine, so it may be similar for yours. Good luck!

Thanks so much - I get so paranoid sometimes - just want to be with him asap - promise myself not to think much abt it - but just cant help it - thinkin of gettin pregnant - mayb that will distract my attention

I hear ya! My wife and I initially filed for a K-1 visa back in March, completely unaware that we weren't supposed to get married until we received approval on it. It sounds like a really dumb mistake, especially now that I've come across Visa Journey and all its resources...but at the time, we just assumed we could change status after we filed. Shortly after our wedding in July, my wife went to change the filing, and it was then that we realized our mistake. So then we filed for a K3, though the I-129 was denied because the I-130 was processed sooner. I was optimistic about being down there this calendar year until I found out a couple of days ago that ONLY K visas are done at the Vancouver consulate, and that I'll need to fly to Montreal...and that there's a huge backlog there. So as with most people in this forum, it's a series of ups and downs for me too.

Not sure getting preggers at this juncture is your best bet, though lots of practice can't hurt!

[amy83 0]

Hi,

didnt receive it via email - hard copy was in mail. USCIS didn't update website until after NVC actually got our case. NOA2 date was sept 18

Hey amy

When did u receive your NOA2 - did u get an email about it or did u receive it by mail

I'm not Amy, but I'm in the same boat in terms of visa process etc.

You WON'T get an email about it. You should check your case status online with the receipt number of your NOA1. They WILL mail it out to you, but usually it's up to two weeks after the actual approval. And as we all know, two weeks feels like a very long time when you're waiting for the next step!

Yours could be processed quite soon, given recent timelines for I-130s. It was only four weeks from NOA1 to NOA2 for mine, so it may be similar for yours. Good luck!

[Al13 0]

Hi everyone, I just wanted to see if anyone could answer this question (which I have not been able to find an answer to in this or other threads):

First a few hard facts about our situation:

I am a norwegian citizen and I just got engaged to my American fiance.

I am currently here in the US on the VWP and have stayed for 2 out of the 3 months allowed.

We sent in our I-129F petition on the 28th of september and received NOA1 shortly after.

Background:

I obviously want to be with my fiance as much as possible and am desperate not having to go back to Norway for 2-4 months (all depending on how long this petition will take) and spend all that time away from her.

So to the questions:

As I will not be granted another stay on the VWP programme straight after the one I have entered on, I take it my only option is to apply for a B1 or B2 visa.

I also know that it is illegal to marry while in the US on the VWP or B1/B2, so upgrading my status is not an option.

Will I be let into the US (this is Boston) after having stayed a full 3 months on VWP just recently, and how long will the allowed stay be for?

If I provide them with the necessary proof of funds/ties to home country/etc at the border and the us embassy in norway, do you think its possible to get a 3 month B1 or B2 visa while my K-1 is pending?

I would really appreciate any help here!

Great website (which helped us a lot throughout the application process) and thread by the way!