Travelling back and forth from Canada to the U.S. during visa process??

[maple_25 0]

Hello everyone,

I am a Canadian citizen who has been visiting my boyfriend in the United States since the end of January and we have now decided to apply for the fiancee visa. I have been here for 2 1/2 months and is wondering...

Will I be able to visit the United States after the petition has been approved and the visa is being processed?

I realize that I have to be in Canada for the interview, but would I be able to return to the United States after that?

Can I visit the States longer than 6 months? If I return to Canada after July, can I come back to the States?

How long do I have to wait until I can return?

It is very hard to find answers to these questions so if anyone else knows about this could you let me know?

Also...would I be allowed to obtain a visa to visit another country in the world during this time?

Thank you so much!

[zenaxe 22]

The fiancee visa means you are not in the USA and have to wait to have this visa approved before you can enter. Once you get approval, you enter the USA, it's a one time entry visa, for the sole purpse of marrying the person you intend to marry. You have 90 days to marry once the visa is approved and once you cross the border into the USA. So you shouldn't be in the USA while you await approval of a fiancee visa, as far as I know.

The fiancee visa doesn't allow you to travel out of the USA , hence a one time entry visa, or allow you to work. You have to , after your visa is approved, also apply for employment authorization document (EAD) to work legallly, and if you wanted to travel you would require advanced parole (AP) otherwise if you leave the USA after entering, you cannot return. Once you marry you file to adjust status and work toward the green card.

Get familiar with the guides on visa journey, they are helpful.

[maple_25 0]

So were you and your husband married in the United States before obtaining a fiancee visa? Have you been allowed to remain in the United States? Thanks!

[HeatDeath 431]

Hello everyone,

I am a Canadian citizen who has been visiting my boyfriend in the United States since the end of January and we have now decided to apply for the fiancee visa. I have been here for 2 1/2 months and is wondering...

Will I be able to visit the United States after the petition has been approved and the visa is being processed?

I realize that I have to be in Canada for the interview, but would I be able to return to the United States after that?

Can I visit the States longer than 6 months? If I return to Canada after July, can I come back to the States?

How long do I have to wait until I can return?

It is very hard to find answers to these questions so if anyone else knows about this could you let me know?

Also...would I be allowed to obtain a visa to visit another country in the world during this time?

Thank you so much!

1 ) Yes, you can visit the USA after the petition is approved. You will need to present the consistent and truthful impression to the customs officer that you are going to return to Canada promptly and not attempt to immigrate prior to the approval of the visa. You can accomplish this by flying down, having a return ticket already purchased, and carrying a folder showing financial ties to Canada - mortgage/rental agreement, employer letter, that sort of thing.

2 ) It is very unlikely that you will be allowed to enter the US as a tourist when you have an approved fiance visa in your passport. It might be possible, depending on how good a mood the customs officer you get is in, and how much (s)he feels like bending the rules,but it is very very unlikely to be allowed. After the interview, in all likelihood, your next trip to the US will be moving down to stay.

3 ) You are not technically allowed to have any single visit to the US be over 6 months. If you attempt to return to the US within a few months after returning from a 6 month visit, the US customs officer is likely to believe you are trying to live in the US, and refuse you entry. The good news is that such a refusal would not affect whether you would be allowed to enter with a fiancee visa.

4 ) It is generally expected that any visit to the US would be followed by a stay in Canada at least as long as the trip was. This is more of a guideline than a hard-and-fast rule. However, if you do happen to spend more than 6 months of a given year in the US, you may very well become required to file US taxes as a nonresident. You don't really want to do that if you don't have to.

5 ) Having a pending visa application with the US government will have absolutely no bearing on whether or not you will be able to get a visa from another government. And the vast majority of possible visas should have no impact whatsoever on your visa application with the US. As long as you aren't traveling to any place with whom the US has current major diplomatic issues (Iran, Syria, Cuba, Venezuela, Pakistan, etc) or vice versa, it shouldn't be a problem at all.

Edited April 10, 2010 by HeatDeath

[Hugglebuggles 60]

There is no law that you cannot visit your fiance in the US while your K-1 is pending. As a Canadian citizen you are technically allowed to remain in the US as a visitor for 6 months, regardless if you have a visa petition being processed. It is always up to the discretion of the officer at the POE to let you in, and be aware that they can limit your visitation time by issuing you an I-94 with a set return date on it.

You absolutely cannot stay in the US for more than 6 months. Technically you can come back to Canada for a few days then try to cross back into the US and stay for another 6 months. However, in reality very few people get away with this. Again, the decision weather or not to let you in the US is discretionary, and if the CBP feels as though you are spending more time in the US than Canada and thus attempting to take up residency without the proper visa you will likely be denied entry.

Having very strong ties to Canada will help you in your efforts to visit while your visa is being processed. This usually comes in the form of a letter from your employer with an expected return date, evidence of a lease or mortgage, a return plane ticket to Canada, etc. If you are asked for ties to Canada and are unable to produce them, you may be denied entry, especially if you are intending on staying for a long period of time.

Come visit us in the Canada Regional forum, these questions about visiting come up all the time

[zenaxe 22]

So were you and your husband married in the United States before obtaining a fiancee visa? Have you been allowed to remain in the United States? Thanks!

Hey there, we didn't obtain a fiancee visa. I'm in Canada and my wife is American. I went into the USA and we got married. I stayed about a week after we married; we filed our I 130 petition for the CR1 visa path shortly after we married, I left and returned to Canada. Since we got married I have visited her in the USA twice. I just got back actually. I intend to go back there at the end of June/early July for a few weeks for vacation. I'm hoping the next time I go down is to active the green card when I cross the border.

A fiancee visa petition is essentially a one time entry visa that allows you to go into the USA to marry and remain there. Once there you adjust your status to apply for the green card. But you can go to the USA , marry and return to Canada. The difference is that if you file for the I 130 (CR1 visa) you can't remain in the USA while the petition and visa get processed. That's the illegal part. You can marry but can't stay in the USA awaiting the immigration process. With a fiancee visa, once granted, it allows you to go into the USA and remain there ; but there are rules ie can't work or travel outside of the USA without getting additional documentation etc. After you marry you file to adjust status as I had mentioned before.

Also it costs more to go the fiancee visa route than it does the CR1 - once you get the CR1 visa, you are legal to work and travel. With fiancee visas you also pay to file the adjustment of status (approx $1000 for that form). You are adjusting from a non immigrant visa (fiancee) to an immigrant visa (Cr1).

I'm presently living and working in Canada and I visit when I can. I'm hoping to be approved to immigrate by September....we'll see how it goes.