Traveling To and From Canada during CR-1 Processing

[thewarface 0]

So...I've been looking around these forums trying to find the exact question, but I haven't been able to.

The reason why I think this is different from other topics is because Canadian citizens don't need a special visa to travel to and fro to the US. So, the question is simple. If my wife is in Canada, and I put in the CR-1 paperwork, can she still travel to the US? I read, in the guidelines, that they can't travel into the US once the processing starts. Does this apply to Canadian citizens seeing as no other special visa is required?

[Emsi.ismE 1]

Don't know about spouses, but in our case, my fiance can't come over into the US. I can go there, but he can't come here. I was even questioned about it going back into the US on a recent trip. They wanted to know if he had been trying to come into the US during all of the process, and I said no. The agent responded "Good, that just makes things messy and complicated." I'm sure there are more experienced people on the forum who can shed more info than just my one perspective. Best of luck on your journey.

[Krikit 1,163]

This is the first I'm hearing that spouses can't visit. Where is this coming from? I'm going to move your thread to the Canada forum so you can read all about it.

Emsi.ismE, was your fiance denied entry to the US?

Canadian K-1 and CR-1/IR-1 beneficiaries usually have absolutely no problems visiting.

[Flames9_RN 358]

lol, u need to work on your search skills as this question is asked weekly here,lol

Majority of Cdns have NO problem visiting during the k1//cr-1//ir-1 process.. Yes some do, why?? They answered the POE officers question wrong, such as used the word "live" vice "visit" or POE officer is having a bad day, etc etc.

I traveled monthly to DC,never had a problem. Ensure 1 has ties to Canada with them to help prove ur case that u will be returning to Canada. My 2 cents is listed below in my signature.

[Kathryn41 3,205]

You should have no problems visiting unless there is some sort of immigration violation in your background ( previous overstay/ban, etc) or a criminal charge that makes you inadmissible. On each and every request to cross the border, however, it is up to the border authority whether or not to allow you to cross. Their concern is that you may not wish to return home and will try to violate immigration law on that visit. Your job is to reassure them otherwise. You do that by bringing with you (on each and every visit) proof of your ties to Canada - lease/mortgage, proof of ongoing employment, return tickets or return plans at the very least, proof of ongoing financial responsibilities in Canada; proof of ongoing personal responsibilities in Canada, things like that. When you have immigration related paperwork - a copy of your petitions and notices from USCIS, etc. - include those as they do count as proof that you are aware of the correct immigration process and are following it, so are less likely to be an immigration risk.

Anyone can be denied on any visit and that is basically what Canadians have - a de facto B2 Visitor's visa. They just don't have to apply for a paper visa at the Consulate before visiting the US but they are still held to the same restrictions as if they do have that hard copy visitor visa. Just remember that when your wife visits, that is what she is doing- visiting. She isn't allowed to live in the US and she isn't allowed to overstay her visits as that will definitely cause her problems with immigration,

[Kathryn41 3,205]

Don't know about spouses, but in our case, my fiance can't come over into the US. I can go there, but he can't come here. I was even questioned about it going back into the US on a recent trip. They wanted to know if he had been trying to come into the US during all of the process, and I said no. The agent responded "Good, that just makes things messy and complicated." I'm sure there are more experienced people on the forum who can shed more info than just my one perspective. Best of luck on your journey.

I'm sorry you were given such bad information from the border guard. Unfortunately, the border guards don't seem to know a lot about actual immigration processes. Visiting doesn't make it messy and complicated. If you are prepared with proof of your ties to Canada and observe all of the appropriate immigration processes, (and are not otherwise inadmissible) you should have no problems visiting. My now husband and I visited back and forth regularly in both directions during the year it took for our K-1 to be processed.

Good luck with your K-1 journey.

[dukeandduchess 141]

Just bring proof of ties to Canada - return ticket, letter from your employer, lease/rental agreement, bank statement, etc. A lot of VJ members say to carry a copy of your NOA1 (proof you're immigrating legally).

Always say you're going for a visit - don't pack more things than you need it looks suspicious.

Last but not least, never ever lie. Ever.

[Shawn and Strata 3]

Tell them the truth. You're in the middle of your CR-1 visa processing, and you're going to visit your spouse. You've submitted your I-130, or you're at the point where you <insert where you are> and so on.

I've had no issue travelling back and forth, thankfully, and I do it a lot. I even had a few border guards compliment me on how much information I had about it. I tell them now when and where my interview is, and always have your WAC, or MTL, or whichever number handy with you, and copies of the letters. They show you're doing it the right way.

I've never had to show them, but had two different guards tell me that it's a good idea to bring them along. They appreciate that you're doing things the right way.

Also, as stated, things like rental agreements, and return tickets help a LOT when showing that you're going to be coming back.