Crossing the border after filing I-130

[TSC Blackhole 11]

Hi there,

I am finally sending off my I-130 papers to bring my Canadian husband to the USA. I am just wondering if he will have issues crossing the border to come visit me during the whole visa process. We have been going back and forth for 11 years and lived together in Canada for 5 years and never had any issues. Would like to hear anyone elses experiences with this. Thanks in advance!!!

[CanAmBride 5]

It is up to the border guard whether to let your husband enter. Technically, they can deny your husband entry because, now that he has filed for his CR-1, he could be intending to stay in the US without a visa instead of just visiting. But, most border guards understand the situation and do not make an issue out of it. Some don't even ask!

My husband has crossed into the US twice since we filed our I-130 in February. Both times, they only asked him where he was going and he said to visit family and they let him through with no problem.

Make sure your husband brings proof of ties to Canada (lease/mortgage paperwork, employment paperwork, mail sent to his Canadian address...etc), and then just cross your fingers and hope you don’t end up with a border agent on a power trip that day.

Good luck!!

[canadian_wife 1,791]

I was denied entry twice so it can and does happen. To help you avoid his, I suggest you bring strong ties to your country to show that you intend to return.

Also, bring a copy of your packet to each crossing to show your intentions

Good luck

[trailmix 77]

Hi there,

I am finally sending off my I-130 papers to bring my Canadian husband to the USA. I am just wondering if he will have issues crossing the border to come visit me during the whole visa process. We have been going back and forth for 11 years and lived together in Canada for 5 years and never had any issues. Would like to hear anyone elses experiences with this. Thanks in advance!!!

Hi,

The fact that you have now filed your petition should have zero to do with whether you are allowed entry or not. In fact, once you get your NOA1 (Notice of Action from USCIS, basically a receipt that says you have filed) take that as proof as well - that you are aware of the immigration laws and you are not trying to circumvent them. The onus is always on the traveller to provide proof of ties to Canada regardless.

That said, some border guards are confused and think you can't enter because you have filed a petition.

That's somewhat rare.