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Visiting my Fiance in the U.S. while immigration is in process

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Filed: K-1 Visa Country: Canada
Timeline
Posted

Hi All,

I would appreciate some feedback and experiences of VJers who have visited their fiance during the immigration process. Right now we are still waiting for NOA2, so we are early into it.

My fiance came to Canada to visit me and the children in February - no problems for him at all.

I am going down (just me) to visit him in May for two weeks (leaving May 20th). I have read that I should bring proof of ties to Canada so that they will allow me entrance into the USA. My problem is - is that I don't have an employer. I work freelance from my home.

I am going to bring the following with me:

- my flight itinerary

- a copy of my lease on my house from my landlord

- a letter from my children's school stating that they are enrolled in school until June 30th.

- a copy of my custody order stating that I have sole custody of my children (they will be staying with their father while I am away).

Is this enough? Any other suggestions?

The last time I went to visit him in November 2011 (before we filed any immigration papers) I got such a hard time from U.S. Customs.. Why? Because I told the truth... I said that I was going to visit my fiance. Well.. they hauled me into secondary security.. delayed me... asked me all kinds of questions and finally gave me an I94 valid for 30 days. The customs officer was very rude and basically told me that if I did not comply with the I-94 then a warrant would be issued for my deportation and that I would have an extremely difficult time marrying my fiance in the future. :wow:

I only wanted to spend Thanksgiving with him and his family! Luckily I got through and caught my plane. Now this time I am kinda stressed about it... so I want to make sure I'm prepared ahead of time.

Should I say that I am just visiting friends? Or will I be flagged in the system already as soon as they scan my passport?

Looking forward to your replies! :D

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

I would also bring a photocopy of your NOA1 since it's proof that you are following the immigration process. Combined with the other things you listed you should be good to go.

I don't think your passport will be "flagged" when it's scanned however I would say that you're visiting your fiance and only intend to stay the two weeks. Your NOA1 is important proof here.

It sounds like you caught an officer on a bad day :/ I visited my then-fiance a few times and didn't have any evidence of ties (I didn't know about VJ at the time) and still was let through. Since you are bringing proof of ties now you should be okay (although nothing is 100%, of course.)

Edited by pocheros
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Do not under any circumstances lie, or lie by omission, you're in the computer with the I-94, the next CBP officer is going to know about it, and you're going to be grilled. Be honest, keep your answers short and to the point, and take your proof with you.

My husband had no problems what so ever until last Christmas (2010), he was taken into secondary, grilled for 45 min and missed his flight. Luckily US Air was awesome and got him on another flight with in the hour. Last summer we crossed by land at Pembina/Emerson. He was again grilled, but was not taken into secondary. They didn't give him an I-94 or take his prints, but she stamped his passport of the date he entered. She told him "Be back here when you say you will, and you won't have any problems" He made dang sure he was back on the exact date he told her!

When he flew here in January for my grandmother's funeral he had a stack of paperwork showing his ties to Canada, his NOA1, and a letter from his work. They asked for none of it. Let him through, no problems and the CBP officer even said "I'm sorry for your loss"

The morale of the story, they know who you are, they know the details of every time you have crossed, so don't try to BS them, or dodge their questions and you'll be fine!

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

Filed: K-1 Visa Country: Canada
Timeline
Posted

I personally agree with both posts above. Nobody has been punished for telling the truth. Look at them in the eyes and get to the point with yours SHORT answers. Taking the NOA1 with you is EXTREMELY important, it tells me that you serious about the k1 process and you need to be back in Canada in order to continue the process. make sure you present yourself calmly if its possible :).

Good luck!

Cam & Ellie

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

Very simple--always tell the truth. If in any way they think you are lying/falsifying info, they can make ur life very miserable. A simple denied entry is no big deal in the grand scheme of things, if they slap you with a ban, well life wil really suck! As yes you will get to ur k1 interview AND then have to file a waiver! And you think Mtl is slow now, wait for them to act on that waiver! So simply always tell the truth and u will be fine and bring evidence, esp any immigration paperwork

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Filed: K-1 Visa Country: Canada
Timeline
Posted

Okay thanks everyone.

It is nerve-wracking, but I have nothing to hide. Thanks for the tip on bringing the immigration papers.

If I'm telling the truth (which I always do) and answer their questions, bring my papers.. I should be

just fine.. :thumbs:

I can't wait to see my hunny again! (L):)

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

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

I absolutely agree with bringing a copy of your nao1. My husband just hands it to the officer when he pulls up to the window now and he gets much less hassle.

Married 10-27-2011

I-130 Sent : 11-12-2011

I-130 NOA1 : 11-22-2011

I-130 Approved : 5-25-2012

NVC Received : 6-19-2012

Received NVC Case # : 6-22-2012

Received DS-3032 / I-864 Bill : 7-9-2012

Pay I-864 Bill 7-9-2012

Receive I-864 Package : 7-10-2012

Return Completed I-864 :7-10-2012

Receive IV Bill : 7-17-2012

Pay IV Bill : 7-18-2012

Emailed DS-260: 7-22-2012

RFE: 7-30-2012

Sent RFE docs: 7-31-2012

Case Complete 8-7-2012

Interview Date: 9-24-2012

Interview Result : APPROVED!!!!! YEA!!

POE:9/29/2012

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

Have you considered getting a Nexus card?

I had one from before we got engaged and it helped TREMENDOUSLY.

I don't know if they'll issue you one since you have the visa pending but it might be worth a shot.

Saved me SO much aggravation.

Timeline
04-23-2011
- Married
05-06-2011- I-130 Application sent via UPS
05-11-2011 - NOA1
08-04-2011 - NOA2 - Approved
08-09-2011 - NOA2 Hardcopy Received
09-09-2011 - NVC Case # Received (35 day wait)
09-13-2011 - Completed DS-261 Online for Choice of Agent
09-16-2011 - AOS Invoice shows as "PAID" online
09-16-2011 - Conf Email for OPTIN of Electronic Processing

09-21-2011 - Emailed I-864/AOS Package to NVC Electronic
09-23-2011 - Paid/Received IV Bill
11-05-2011 - Submitted DS-260 & Supporting Documents

11-09-2011 - Case Complete @ NVC!
11-17-2011 - Received packet 4 email Interview scheduled for Dec 19, cannot attend due to Christmas plans sad.png
11-17-2011 - Rescheduled Interview
02-22-2012 - Medical in Toronto
03-28-2012 - Interview in Montreal - APPROVED!!! smile.png

03-29-2012 - Visa Received from Loomis
05-05-2012 - POE @ Toronto Pearson

02-11-2014 - Mailed I-175 to California Service Center

03-17-2014 - Biometrics Appointment

05-20-2014 - Approved!

Filed: K-1 Visa Country: Canada
Timeline
Posted

Nexus is a life safer in more than one way! The best $50 I've ever spent. I've used mine countless of times while going state side (and back) and it has saved me mega in TiME! And did you know...now in terminal 1 at YYZ not only does having a nexus card expedites customs but also security (personal screening and bag checking)! I'd recommend getting one and while your at it....your kids too if you plan on having them join you on your trips to the US.

Filed: K-1 Visa Country: Canada
Timeline
Posted

I think that my next trip will be the last one before I get the K1 Visa. However, the kids and I will be travelling back and forth to Canada twice a year once we move to the USA (so they can visit their father). Will Nexus work for us then, while living in the US?

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

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

I think that my next trip will be the last one before I get the K1 Visa. However, the kids and I will be travelling back and forth to Canada twice a year once we move to the USA (so they can visit their father). Will Nexus work for us then, while living in the US?

Yes.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

Filed: K-1 Visa Country: Canada
Timeline
Posted

Yes Nexus can be used where ever there is a US-Canada border...flying or driving. Its a life saver if going by car and customs is seriously backed-up. Problem is, in order for you to use Nexus by car...is everyone in the vehicle has to be a Nexus card holder. It is also a life saver in cutting lines at the airport too. Note: Nexus is the easiest when having nothing to declare...(which is why I love it) as the same rules apply for declaring goods as everyone else. I'd google it to be sure its right for you.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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