Visiting USA while CR-1 is pending

[shewolf 0]

Hi everyone, I want to know where can I get concrete proof that a foreigner (eg. me: Canadian) is allowed to visit his/her spouse in the US while the CR-1 visa is pending? I have flown to LA 3 times, for 2.5 to 3 weeks at a time, to visit my husband.. yet each time they tell me that next time I will not get through because my visa is pending, and THIS time (which is every time) they are doing me a favor of letting me through.

PS, every time I visit I bring evidence of having an apartment in Vancouver and being in University here (online courses), and having a job (signed note from manager with contact number etc.), bringing bills such as hydro and cable.. also bringing my NOA1 and NOA2 to show that obviously I'm gonna return to Vancouver for my interview... why would we waste thousands of dollars on travel and the immigration process... and to get to the interview scheduling stage only so I can go to LA two months before the interview and move there illegally... Where is there written proof that someone can travel to the states and visit their spouse if they have sufficient ties to their home country?

Thank you!!!

Edited June 7, 2010 by shewolf

[210045803 1]

Hi everyone, I want to know where can I get concrete proof that a foreigner (eg. me: Canadian) is allowed to visit his/her spouse in the US while the CR-1 visa is pending? I have flown to LA 3 times, for 2.5 to 3 weeks at a time, to visit my husband.. yet each time they tell me that next time I will not get through because my visa is pending, and THIS time (which is every time) they are doing me a favor of letting me through.

PS, every time I visit I bring evidence of having an apartment in Vancouver and being in University here (online courses), and having a job (signed note from manager with contact number etc.), bringing bills such as hydro and cable.. also bringing my NOA1 and NOA2 to show that obviously I'm gonna return to Vancouver for my interview... why would we waste thousands of dollars on travel and the immigration process... and to get to the interview scheduling stage only so I can go to LA two months before the interview and move there illegally... Where is there written proof that someone can travel to the states and visit their spouse if they have sufficient ties to their home country?

Thank you!!!

You actually posted a question that I am looking for the answer to as well. I am afraid of doing the CR-1 because I am afraid they will deny my canadian wife entry into the USA to even visit me while the paperwork is being processed.

In my situation I am a US citizen and she is a canadian citizen and we are going to get married on june 26 in Toronto and then go to city hall where I can get a marriage certificate. After we get this certificate I was going to file the I-130 along with the G-325A and G-325 here in the usa. Do you know how long this will take approximately?

Thanks to anyone with any information!

I was thinking of doing the K3 so she can visit me though. Like you I am not sure if they will deny entry to the usa.

[Krikit 1,163]

I don't know where you would find concrete proof that you can visit because the CBP has the final say and they, as you know, are subjective in their interpretation of policy. You may try to pose your question on their website. If you read down to the bottom of this link you will see where you can do that: https://help.cbp.gov/app/answers/detail/a_id/757

[TheMatrix 6]

Concrete proof... hmm ... how about the fact that a visitor's visa or a tourist visa is a non-immigrant visa which is given on the condition that the applicant has no intent to immigrate.

An immigrant visa and a non-immigrant visa are like apples and oranges - two completely different types of entry permits.

By marrying a US citizen and applying for an I-130 you have clearly showed an intent to immigrate. You are risking being accused of visa fraud by traveling on a non-immigrant visa.

I sought legal opinion on this recently and I was told that the visitor stands a chance of being denied entry at the airport but that the ongoing immigrant visa process would not be affected. She also asked me to just

I just wonder if you repeatedly flout the norms, whether at some stage they just might make a little note in your ongoing case.

[Krikit 1,163]

I just wonder if you repeatedly flout the norms, whether at some stage they just might make a little note in your ongoing case.

With all due respect, visiting during the process is the norm for Canadians. The variable is the officer and their individual interpretation of the policy..... and they have the final say no matter what is written anywhere. They don't make notes in any active applications but they do enter flags in their own database which can be seen at the Consulate level. Denied entries are "forgiven" at the interview stage providing there are no waivers required.

[shewolf 0]

Ya every time they say that they do make a note and then I always get through and they says NEXT time you won't get through. I think it depends on the person's day..

I know it's up to the customs, but is it written somewhere on the internet about the sufficient ties and that the person is allowed to go through? How can it always be a gamble to buy flight tickets and not know if you're going to get through?? Isn't there a concrete answer that says if you have sufficient ties, you will get through?

Concrete proof... hmm ... how about the fact that a visitor's visa or a tourist visa is a non-immigrant visa which is given on the condition that the applicant has no intent to immigrate.

An immigrant visa and a non-immigrant visa are like apples and oranges - two completely different types of entry permits.

By marrying a US citizen and applying for an I-130 you have clearly showed an intent to immigrate. You are risking being accused of visa fraud by traveling on a non-immigrant visa.

I sought legal opinion on this recently and I was told that the visitor stands a chance of being denied entry at the airport but that the ongoing immigrant visa process would not be affected. She also asked me to just

I just wonder if you repeatedly flout the norms, whether at some stage they just might make a little note in your ongoing case.

[Krikit 1,163]

Ya every time they say that they do make a note and then I always get through and they says NEXT time you won't get through. I think it depends on the person's day..

I know it's up to the customs, but is it written somewhere on the internet about the sufficient ties and that the person is allowed to go through? How can it always be a gamble to buy flight tickets and not know if you're going to get through?? Isn't there a concrete answer that says if you have sufficient ties, you will get through?

Read to the end of this link: https://help.cbp.gov/app/answers/detail/a_id/619/kw/canadian

Like I said..... it doesn't matter one iota what is written where. If the officer chooses not to let you cross, they have the final say.

[TheMatrix 6]

With all due respect, visiting during the process is the norm for Canadians. The variable is the officer and their individual interpretation of the policy..... and they have the final say no matter what is written anywhere. They don't make notes in any active applications but they do enter flags in their own database which can be seen at the Consulate level. Denied entries are "forgiven" at the interview stage providing there are no waivers required.

Good for Canadians!

[shewolf 0]

Oooh so there are no active notes..! hmm.. interesting... Do they put a flag if they deny you or can they also put a flag if they let you through and feel like screwing you over for next time you try to cross??

[Krikit 1,163]

Oooh so there are no active notes..! hmm.. interesting... Do they put a flag if they deny you or can they also put a flag if they let you through and feel like screwing you over for next time you try to cross??

The flag would have some sort of reason attached to it. Yes, they can flag you if they let you cross. They can also reduce the amount of time they allow you in the US by giving you an I-94 with an expiry date.

[shewolf 0]

Oooh so there are no active notes..! hmm.. interesting... Do they put a flag if they deny you or can they also put a flag if they let you through and feel like screwing you over for next time you try to cross??

[shewolf 0]

Yes every time I've crossed I've been given an I-94 with an expiry date (usually my return date on my ticket). It just blows my mind that there is no real rule about this... how can couples be kept apart for months and waste money going to the airport with roundtrip tickets and not know whether they will be turned away or not? How terrible...

[zenaxe 22]

Hi everyone, I want to know where can I get concrete proof that a foreigner (eg. me: Canadian) is allowed to visit his/her spouse in the US while the CR-1 visa is pending? I have flown to LA 3 times, for 2.5 to 3 weeks at a time, to visit my husband.. yet each time they tell me that next time I will not get through because my visa is pending, and THIS time (which is every time) they are doing me a favor of letting me through.

PS, every time I visit I bring evidence of having an apartment in Vancouver and being in University here (online courses), and having a job (signed note from manager with contact number etc.), bringing bills such as hydro and cable.. also bringing my NOA1 and NOA2 to show that obviously I'm gonna return to Vancouver for my interview... why would we waste thousands of dollars on travel and the immigration process... and to get to the interview scheduling stage only so I can go to LA two months before the interview and move there illegally... Where is there written proof that someone can travel to the states and visit their spouse if they have sufficient ties to their home country?

Thank you!!!

I've never had a problem and I've visited a few times after we were married. I always bring strong ties ie letter from my employer detailing when I'm scheduled to return to work, I bring copies of the NOAs, mortgage title documents, utility bills, current insurance on the house etc. Never been asked to see any of these documents but I had them. I have another trip planned at the end of June and a few weeks before my interview in July. I can't imagine that I'll have a problem.

The 'written proof' actually says the opposite - that because you are married to a US citizen you are considered inadmissable to the US because you are viewed as an 'intending immigrant'. As such, it's not illegal to visit - it's only illegal to marry and remain in the country while your immigration status is pending. How will they know you won't stay? You require proof you won't. So that means that it's up to the POE official to determine whether you will be admitted or not. And even if you are denied entry, it won't affect your visa petition, assuming it was a denial not related to criminal issues of course.

If you bring strong ties to Canada you'll be fine. Enjoy your trip.

Edited June 7, 2010 by zenaxe

[pony1076 0]

Hi everyone, I want to know where can I get concrete proof that a foreigner (eg. me: Canadian) is allowed to visit his/her spouse in the US while the CR-1 visa is pending? I have flown to LA 3 times, for 2.5 to 3 weeks at a time, to visit my husband.. yet each time they tell me that next time I will not get through because my visa is pending, and THIS time (which is every time) they are doing me a favor of letting me through.

PS, every time I visit I bring evidence of having an apartment in Vancouver and being in University here (online courses), and having a job (signed note from manager with contact number etc.), bringing bills such as hydro and cable.. also bringing my NOA1 and NOA2 to show that obviously I'm gonna return to Vancouver for my interview... why would we waste thousands of dollars on travel and the immigration process... and to get to the interview scheduling stage only so I can go to LA two months before the interview and move there illegally... Where is there written proof that someone can travel to the states and visit their spouse if they have sufficient ties to their home country?

Thank you!!!

The last time I crossed a few weeks ago taking my husband back to the Detroit Airport, we were pulled into Immigration. They did what they called a "Status Update". The officer asked us all kinds of questions, when we were married, what date did we file our I-130 and entered all of this into their computer. I was also asked for proof of where I worked and recent pay stubs. Now I have all of this, plus the lease to my apartment, flight info, park & fly confirmation, traveller's insurance, a letter for work, in a folder to carry across with me.

I am going to visit him again at the end of the week and hoping that I will be able to cross without any problems.

[msd 3]

I've read this question very often now since I'm in this forum. What do the mods think about posting a sticky with a general statment saying something along the lines of:

There is no law forbidding you to enter the country during the visa process, HOWEVER (atleast for visa waiver countries) you are under the mercy of an immigration officer. Should you not have enough binding ties that support your intent to return to your homecountry after the visiting period is over, entry may be declined.

?

That said, we are currently going through the CR-I process and I am in the US now. The officer was very nice, didn't want to see any binding ties apart from my itinerary for the return ticket. He didn't even ask about an immigrant visa or how we intend to continue the marriage.

My guess is that he saw in his computer that we filed for CR-I.

Note: We didn't have the NOA2 at the time that I entered.