Rules on staying in the country

[Karen&Coby 0]

I was wondering if I could be in the country after we've sent the paperwork.

I'm from Canada and I am planning on going down to Texas for a couple of months at the end of this month to spend some time with him and we were going to just start the paperwork when I got there and send it in as soon as possible.

Is it okay for me to be there while its being processed?

Thankss

[TracyTN 237]

Makes no difference whatsoever.

[VanessaTony 3,567]

I was wondering if I could be in the country after we've sent the paperwork.

I'm from Canada and I am planning on going down to Texas for a couple of months at the end of this month to spend some time with him and we were going to just start the paperwork when I got there and send it in as soon as possible.

Is it okay for me to be there while its being processed?

Thankss

You do not need to remain in canada while the paperwork is being processed, however I have recently read that being denied while visiting (or trying to) on the VWP can result in significant delays. (60 - 90 days one person wrote).

Also, you will need someone to be monitoring your mail so that they can let you know if you receive any communication (such as RFE's or whatever).

You will also need to return for medicals, police check and eventually the interview. Usually the NOA1 to NOA2 takes around 3 months (sometimes faster, sometimes slower) so this would time out well if you visit at the start of the process rather than nearer the end.

Have a good trip

[canadian_wife 1,791]

Not to confuse the OP - Canadians do not travel on the Visa Waiver Program

yes karen&coby, you can be in the US during the initial filing of the petition, you can visit while it is being processed. Be careful not to overstay and bring strong ties to Canada when you visit.

Good luck.

PS - I was denied entry twice to the US, it did not cause us any delays. That case you cited - very little is known about it the details of the case FWIW

[Karen&Coby 0]

You do not need to remain in canada while the paperwork is being processed, however I have recently read that being denied while visiting (or trying to) on the VWP can result in significant delays. (60 - 90 days one person wrote).

Also, you will need someone to be monitoring your mail so that they can let you know if you receive any communication (such as RFE's or whatever).

You will also need to return for medicals, police check and eventually the interview. Usually the NOA1 to NOA2 takes around 3 months (sometimes faster, sometimes slower) so this would time out well if you visit at the start of the process rather than nearer the end.

Have a good trip

Thanks:)

I read about the VWP situation too, but I don't think that applies to Canada and US? I know I am able to spend up to 6 months there without a visa of any kind, so I think I'll be fine if I'm home before than.

[VanessaTony 3,567]

Thanks:)

I read about the VWP situation too, but I don't think that applies to Canada and US? I know I am able to spend up to 6 months there without a visa of any kind, so I think I'll be fine if I'm home before than.

You're right, I apologise, there's a different thing in place for you guys but the sentiment is the same, denial can cause issues. There is always risk though and it sounds like you've made other trips without issues so this bodes well for you (like a good credit history, you have a good travel history) so have a good trip and congrats on starting the process

[VanessaTony 3,567]

PS - I was denied entry twice to the US, it did not cause us any delays.

That you know of. You might not have been informed but it's likely your case was triple-checked and your papers really looked at. Which makes sense because denial means they thought something about you was a little dodgy (off) so they denied you entry (not being offensive). When I went to the States on the VWP I wasn't even questioned except "when's your return flight?" and this was at LAX. I didn't need to show any proof of strong ties to my home country.

No-one says it'll mean denial, just means that they will look closer at your case cause border control is trained to look for dodgy people.

Out of interest, if you're denied entering (and you weren't going for this K1 visa), under the Canadian entry thing, what happens? For the VWP if you're ever denied then you can no longer use the VWP. You have to apply for a proper visitors visa. Is it the same for Canadians?

Edited January 6, 2010 by Vanessa&Tony

[Karen&Coby 0]

That you know of. You might not have been informed but it's likely your case was triple-checked and your papers really looked at. Which makes sense because denial means they thought something about you was a little dodgy (off) so they denied you entry (not being offensive). When I went to the States on the VWP I wasn't even questioned except "when's your return flight?" and this was at LAX. I didn't need to show any proof of strong ties to my home country.

No-one says it'll mean denial, just means that they will look closer at your case cause border control is trained to look for dodgy people.

Out of interest, if you're denied entering (and you weren't going for this K1 visa), under the Canadian entry thing, what happens? For the VWP if you're ever denied then you can no longer use the VWP. You have to apply for a proper visitors visa. Is it the same for Canadians?

My cousin married a woman from the states and they have crossed the boarder manyyyyy many many times and they almost always get across. If you don't make it across they just turn you around and tell you to go home. The only time, that I know of, that you can't cross the boarder is if a) you have a criminal record or B) you have been in the states more than 6 months in the past 365 days.

And I dont really know if it would effect it because I think the one reason you would be turned away is fear of you staying more than 6 months and living their illegally. Thats at least what I'm most afraid of. My mom is driving down with me, strictly because in the past when I've crossed alone I got more questions, but when my mom was there it was all fine and good. Plus road trips are fun;)

[VanessaTony 3,567]

My cousin married a woman from the states and they have crossed the boarder manyyyyy many many times and they almost always get across. If you don't make it across they just turn you around and tell you to go home. The only time, that I know of, that you can't cross the boarder is if a) you have a criminal record or B) you have been in the states more than 6 months in the past 365 days.

And I dont really know if it would effect it because I think the one reason you would be turned away is fear of you staying more than 6 months and living their illegally. Thats at least what I'm most afraid of. My mom is driving down with me, strictly because in the past when I've crossed alone I got more questions, but when my mom was there it was all fine and good. Plus road trips are fun;)

Thanks for letting me know and yes I agree, road trips are fun

[Kathryn41 3,205]

Canadians can visit the states while K-1 and even CR-1 visas are being processed but it is up to the border guard to decide whether or not they will allow you to enter. While Canadians theoretically are allowed to visit for up to 6 months, you need to provide strong evidence at the border that you will be returning to Canada. The longer the intended visit, the stronger that evidence needs to be. If the border guards believe you intend to 'live' in the US they will deny you access as an immigration risk.

Trying to show strong ties to Canada while visiting for 6 months will be difficult. Proof of ties include statements of employment and an anticipated date of return to work, ongoing residential expenses such as mortgage and rent payment; ongoing utility bills and daily living expenses, statement of enrollment at a University or College, close family ties (ie child or spouse) remaining in Canada, etc.

It is probably much safer to plan several shorter trips and be prepared with as much evidence as possible. Once you file the I-129f and receive the NOA1 carry a copy of the whole application with you as well. The two times I was pulled into secondary inspection while crossing into the US for a visit (usually less than a week maximum each time) during my K-1 process, once the border authorities came to my K-1 file they closed up the file of documents and let me go on my way.

[Karen&Coby 0]

Ekkk yeah, I'm really afraid of being denied.

I mean I've never ever had a problem crossing so I'm hoping my luck lasts.

I just quit my job totally but they said they would want me to come back so maybe I should think about getting them to write a letter saying I intend to come back.

I don't even know what I'll do if I get denied besides cry haha.

Do you know if there is any rules on like how often I can try?

Like can I just go right back the next day or even drive to the closest boarder and try again?

[canadian_wife 1,791]

I was denied entry twice, it is difficult to get back in once you are denied. If you are denied for failing to produce strong ties, then going right back the next day will simply yeild another denial. You'll be given a piece of paper which outlines what they consider strong ties, and unless you have what's on that paper, you'll be denied again.

I think you'll be fine, but bring ties just in case they ask!

good luck.