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Saylin

Can I visit USA while I-130 is pending?

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Here's my story:

I'm a Canadian citizen and I met my current husband, a US citizen, online in January this year. I met him in person in March and knew he was the one for me. I visited him again two more times in April, getting engaged on one of those trips. We decided to marry on my next visit which would be for the summer (halfway through May up until the beginning of August). I came back to Canada about two weeks ago. I was planning on going back to the USA yesterday, but was denied entry by customs/immigration since I had the intent of immigrating without having a visa. I was told by the officer there to file for either an immigration visa or a K3 visa. But when I researched these visas, I'm looking at a 5+ month wait. I don't want to wait that long without seeing my husband.

My question:

Is there something I can apply for that will let me visit my husband while the I-130 is pending? Or should I file for something else that can let me stay in the USA while it's pending?

He's willing to visit me, but he works and can't take that much time off, while I'm unemployed at the moment and can stay abroad for longer periods of time without having to worry about work.

I'm not concerned about costs. I'd much rather pay more money if it means I can be with him.

Thanks for any replies.

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

Hello

Unfortunately they have considered you as an intended immigrant because you filed for the the spousal visa but it used to be where k3 visas were processed much faster than the immigrant spousal visa and that is not the case any more as the USCIS current processing time for both visas is almost the same.

I wish you good luck


Find a job you love to do, and you will never work another day in your life.

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Filed: Citizen (apr) Country: Canada
Timeline

Of course you can visit! Many Canadians have visted their spouses during this process. You cannot, however, 'stay'. You may visit but it must be just that, a visit.

Because you have filed the I-130, I suggest you bring ties to Canada to show your intent on returning. This can include a mortgage/lease, employment letter (difficult to get I understand if you are unemployed), enrollment in school, etc.

Good luck, head over to the Canada forum if you'd like


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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Samoray, I never actually filed anything yet. I told customs that I was planning on filing forms once I returned to the USA.

canadian_wife, how long can I "visit" for? And when I come back to Canada, how long do I have to wait before I can go "visit" again? Can I mention to customs that I'm visiting my husband at all?

As for having proof on intent to returning, I live with my father so I don't have any mortgage or lease to show. I'm unemployed and waiting to get one in the USA once all of this is over. I was going to school last semester here in Canada, but didn't register for any classes this semester since I was expecting to be in the USA. All I have as evidence would be a return ticket. Would that be enough?

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Oh, another question. Would I need something like a visitor visa to be able to visit the USA or can I go without?

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you don't need any visas based on your country's consul http://www.consular.canada.usembassy.gov/canadians.asp


I-130 for wife and kids

---------------------------------------------

02/11/2010: I-130 as an LPR mailed certified

02/25/2010: Recvd letters-I-130s was recvd

06/17/2010: Oathtaking - Became a US Citizen

06/21/2010: Called USCIS to let them know to update my I-130 from an LPR petition to a USC petition.

06/25/2010: Case for both sons Touched

06/28/2010: Petition updated to a USC petition (Oldest son)

06/30/2010: Petition updated to a USC petition (Wife & youngest son)

07/19/2010: G-325A returned. Incomplete.

07/30/2010: Completed G-325A mailed back via certified mail

08/04/2010: Certified mail delivered at Laguna Niguel

08/07/2010: Touched - UCSIC received reply to RFE

08/13/2010: I-130 APPROVED!!! (recvd email update)

NVC JOURNEY

08/20/2010: NVC recvd I-130 and case number assigned

09/01/2010: Recvd AOS fee bill & DS-3032 via email

09/02/2010: Paid AOS fee & DS-3032 sent back via email

09/13/2010: AOS packet mailed via UPS

09/15/2010: AOS signed for by NVC. IV fee for wife & kids ready.

10/07/2010: Per AVR/NVC - Need to correct I864W for kids

10/11/2010: DS-230 packet & corrected I-864W sent to NVC via UPS

10/15/2010: Recvd and signed for by NVC

11/02/2010: NVC online fee payment portal SIF. NVC adviced that final stages of review.

11/03/2010: AVR - APPLICATION COMPLETED!!

11/10/2010: Medical...1st day at St. Luke's

11/12/2010: Pick up results for Medical - PASSED!

11/16/2010: USEM interview scheduled on 12/14/10

12/14/2010: VISAS APPROVED!!!!

12/20/2010: Visas received

02/22/2011: Cali bound

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Filed: Citizen (apr) Country: Canada
Timeline

No, you don't need a visa to visit. You can stay for up to 180 days. You must, however, be living in Canada and not the US. If you enter the US, stay for 180 days, it's generally preferred that you spend a few months in Canada before attempting to return.

YES, you certainly should tell them you are visiting your husband, not a friend, not 'family' but you want to be honest.

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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Thanks, canadian_wife. I'm not planning on staying 180 days, probably just 4 months or so if I can until the I-130 has been approved. And then I'll return.

At the border, should I mention I have an I-130 pending or only if they ask?

I called up Customs and Border Protection and talked with a woman on the phone. After explaining my situation, she suggested I don't visit at all while it's pending since I don't have any strong ties to Canada. I don't wish to spend $600 on a plane ticket just to be denied entry again at the airport. But I don't want to be apart from my husband for so many months. I'm not sure what I should do.

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Filed: Citizen (apr) Country: Canada
Timeline

Duplicate post, see below :unsure:

Edited by OBX

USCIS

NOA1 08/19/08

NOA2 01/20/09

NVC

Received 01/26/09

Completed 02/13/09 (19 Days)

Interview Assigned 03/27/09 (6 weeks after NVC completion)

Medical

04/14/09 (Toronto)

Interview

Montreal 05/12/09 (88 days after NVC completion) **APPROVED**

POE

06/16/09 Buffalo

07/02/09 Welcome Letter Received

07/07/09 Applied for SSN

07/10/09 "Card production ordered" email received

07/13/09 SSN received

07/14/09 "Approval notice sent" email received

07/17/09 GREEN CARD received

Removal of Conditions

03/21/11 I-751 mailed to VSC

03/23/11 I-751 received at VSC

03/29/11 Cheque Cashed

03/30/11 NOA1 received (3/24/11)

04/11/11 Biometrics appointment notice received

05/05/11 Biometric appointment

12/13/11 **Approval date** (5 days short of 9 months!)

12/19/11 Approval letter and green card received

Naturalization

05/16/2019 Filed online (estimated completion February 2020)

05/18/2019 Biometrics scheduled

05/21/2019 Receipt notice and biometrics notices posted to online account.05/23/2019 Hard copy of NOA1 received

05/24/2019 Hard copy of biometrics appointment received

06/07/2019 Biometrics appointment (estimated completion January 2020)

12/31/2019 Email received "Interview scheduled"

01/01/2020 Interview date notice posted to online account (02/19/2020)

01/05/2019 Hard copy of interview appointment received

02/19/2020 Interview (**Approved**) and same day Oath Ceremony. 

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Filed: Citizen (apr) Country: Canada
Timeline

Thanks, canadian_wife. I'm not planning on staying 180 days, probably just 4 months or so if I can until the I-130 has been approved. And then I'll return.

At the border, should I mention I have an I-130 pending or only if they ask?

I called up Customs and Border Protection and talked with a woman on the phone. After explaining my situation, she suggested I don't visit at all while it's pending since I don't have any strong ties to Canada. I don't wish to spend $600 on a plane ticket just to be denied entry again at the airport. But I don't want to be apart from my husband for so many months. I'm not sure what I should do.

You must always answer their questions honestly but keep it short and to the point. Having your NOA1 with you may help as it indicates you are following the legal process to move to the US. However, without any other ties it may not be enough to convince the border official you do intend to return to Canada. The bottom line is there are never any guarantees. Your entry is always at the discretion of the border official. With a $600 ticket on the line you might not want to risk it.

Edited by OBX

USCIS

NOA1 08/19/08

NOA2 01/20/09

NVC

Received 01/26/09

Completed 02/13/09 (19 Days)

Interview Assigned 03/27/09 (6 weeks after NVC completion)

Medical

04/14/09 (Toronto)

Interview

Montreal 05/12/09 (88 days after NVC completion) **APPROVED**

POE

06/16/09 Buffalo

07/02/09 Welcome Letter Received

07/07/09 Applied for SSN

07/10/09 "Card production ordered" email received

07/13/09 SSN received

07/14/09 "Approval notice sent" email received

07/17/09 GREEN CARD received

Removal of Conditions

03/21/11 I-751 mailed to VSC

03/23/11 I-751 received at VSC

03/29/11 Cheque Cashed

03/30/11 NOA1 received (3/24/11)

04/11/11 Biometrics appointment notice received

05/05/11 Biometric appointment

12/13/11 **Approval date** (5 days short of 9 months!)

12/19/11 Approval letter and green card received

Naturalization

05/16/2019 Filed online (estimated completion February 2020)

05/18/2019 Biometrics scheduled

05/21/2019 Receipt notice and biometrics notices posted to online account.05/23/2019 Hard copy of NOA1 received

05/24/2019 Hard copy of biometrics appointment received

06/07/2019 Biometrics appointment (estimated completion January 2020)

12/31/2019 Email received "Interview scheduled"

01/01/2020 Interview date notice posted to online account (02/19/2020)

01/05/2019 Hard copy of interview appointment received

02/19/2020 Interview (**Approved**) and same day Oath Ceremony. 

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So, OBX, you think I should just mention that I'm visiting my husband? And if they ask further, then I should mention I have an I-130 pending? I would be willing to wait a bit for the NOA1 if it would increase my chances of getting to the USA successfully. Did you visit while your I-130 was pending?

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Filed: Citizen (apr) Country: Canada
Timeline

So, OBX, you think I should just mention that I'm visiting my husband? And if they ask further, then I should mention I have an I-130 pending? I would be willing to wait a bit for the NOA1 if it would increase my chances of getting to the USA successfully. Did you visit while your I-130 was pending?

It is very difficult to know how the border official will respond. I would follow their lead but always be truthful. I did not travel to the US at all during the process. I owned my own home(so no lease), my workplace did not know about my intent to eventually move (so no employment letter), my children were older (so no real need to return due to childcare). As a result I decided not to risk being turned away. You might want to post this question in the Canada forum. I know many filers did visit throughout the process and they might be able to help you a bit more.

Here is one thread that discusses it:Ties to Canada

Good luck with whatever you decide.

Edited by OBX

USCIS

NOA1 08/19/08

NOA2 01/20/09

NVC

Received 01/26/09

Completed 02/13/09 (19 Days)

Interview Assigned 03/27/09 (6 weeks after NVC completion)

Medical

04/14/09 (Toronto)

Interview

Montreal 05/12/09 (88 days after NVC completion) **APPROVED**

POE

06/16/09 Buffalo

07/02/09 Welcome Letter Received

07/07/09 Applied for SSN

07/10/09 "Card production ordered" email received

07/13/09 SSN received

07/14/09 "Approval notice sent" email received

07/17/09 GREEN CARD received

Removal of Conditions

03/21/11 I-751 mailed to VSC

03/23/11 I-751 received at VSC

03/29/11 Cheque Cashed

03/30/11 NOA1 received (3/24/11)

04/11/11 Biometrics appointment notice received

05/05/11 Biometric appointment

12/13/11 **Approval date** (5 days short of 9 months!)

12/19/11 Approval letter and green card received

Naturalization

05/16/2019 Filed online (estimated completion February 2020)

05/18/2019 Biometrics scheduled

05/21/2019 Receipt notice and biometrics notices posted to online account.05/23/2019 Hard copy of NOA1 received

05/24/2019 Hard copy of biometrics appointment received

06/07/2019 Biometrics appointment (estimated completion January 2020)

12/31/2019 Email received "Interview scheduled"

01/01/2020 Interview date notice posted to online account (02/19/2020)

01/05/2019 Hard copy of interview appointment received

02/19/2020 Interview (**Approved**) and same day Oath Ceremony. 

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

I cross the border frequently (usually every 3 weeks) and my i-130 is pending. This last trip has been the only one that has given me trouble and that is because I am staying in the USA for a longer time and I had my husbands car packed with groceries and other household stuff that was on sale that week along with a bunch of random items such as speakers, my laptop, sewing machine, etc. But after an hours wait while our car was searched and the border officers did whatever investigating they do in their systems on me they let us drive away no problem.

When I cross the border I have a copy of all of my visa paperwork that I have sent in, every notice that I have received plus our marriage license and wedding invitation. Most of the time they look at my paperwork, ask me if I'm moving there to which I respond "no" and say that I don't want to jeopardize my visa and they always let me go, usually wishing me luck on the visa.


03/08/2010: Wedding

03/26/2010: I-130 Mailed

04/16/2010: NOA1 via email

09/21/2010: NOA2 via email

10/27/2010: NVC Case number

11/28/2010: AOS fee paid

03/15/2011: AOS packet sent

11/28/2010: IV fee paid

02/15/2011: IV packet sent

04/01/2011: Case Complete at NVC

04/13/2011: Interview Date Assigned

XX/XX/2011: Package sent to Embassy

05/11/2011: Medical Completed

05/24/2011: Interview Date APPROVED!!!

XX/XX/2011: Visa Received

XX/XX/2011: POE

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