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Crossing the border after filing I-130

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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!!!


USCIS

07/06/10: Package Sent to Chicago Lockbox

07/07/10: Package Received

07/17/10: NOA1

07/26/10: Touched

11/03/10: Case Transferred to TSC

11/30/10: Touched! FINALLY

12/01/10: Touched, AGAIN!

12/02/10: Touched, YET AGAIN!

12/03/10: TOUCHED!

02/14/11:I-130 Approved Happy Valentines Day!

Case was approved in 212 days

NVC

02/18/11: Received NVC Case number

02/20/11: Optin email sent

02/22/11:Submitted DS-261 (Choice of Agent)

02/23/11: AOS invoiced and paid

02/25/11: AOS I-864 Emailed to NVC

03/02/11: IV Bill generated & Paid!

03/08/11: Optin Accepted

03/17/11: DS-260 completed

03/24/11: DS-260 Supporting Documents emailed

03/24/11: Emailed my I-864 AGAIN because NVC is saying they did not receive it.

04/08/11: NVC robot says they are "Awaiting my Biographic Data" which I assume means they reviewed my I-864

04/11/11: NVC is saying I am missing info, that I did not send in all my documents.

04.14.11: NVC is saying i never emailed anything. I contacted my senate office, who is getting things handled for me at NVC.

05.12.11: OMG SIF!

07.11.11-INTERVIEW DATE!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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!!

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Filed: Citizen (apr) Country: Canada
Timeline

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


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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.

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