Travel to US while waiting for green card in Canada - is it allowed?

[The Mean Lady 604]

I know what you meant when you and speedwell said "my husband" and that your husbands are the beneficiaries. I can read your sig and have paid attention to how people post. Most often I can accurately guess who is who. I guess you misunderstood that my husband is the USC.

In the petition stage I believe they do the background checks on the USC. In the NVC stage they do it on the beneficiary. I don't think we need avatar warnings. I would hope that most people remember basic facts about the stages after they're no longer new. I find too that people mention it in some post or another. Anyhow, severely off-topic!

No way.

Too many times I see generic threads where I can't tell what people are.

"Should I include my BC in the I-130 petition"

No idea how to answer that w/o knowing who they are

Also, there are some checks done on the beneficiary because I-130 interviews used to be for when the beneficiary had a history of overstaying or had been in immigration proceedings.

[Darnell 8,479]

avatar warnings? why? that was a cool movie! What's wrong with it ?

[NikLR 13,234]

No way.

Too many times I see generic threads where I can't tell what people are.

"Should I include my BC in the I-130 petition"

No idea how to answer that w/o knowing who they are

Also, there are some checks done on the beneficiary because I-130 interviews used to be for when the beneficiary had a history of overstaying or had been in immigration proceedings.

I know exactly how to answer it.

"If you are the USC you will need to provide proof that you are one. You can include a photocopy of both sides of your birth certificate, or a photocopy of your entire passport. If you are naturalized you should include a photocopy of your naturalization certificate too. You do not include originals unless asked at this stage.

If you are the beneficiary you do not need to include a photocopy of your birth certificate but know that some local offices have asked for it, so including it or not is a personal choice. Again just a photocopy is required at this stage."

There may be some checks done but they really don't have the information they need to run a proper background check without the DS-230/260.

now...

Edited January 22, 2013 by NikiR

[lilt 0]

Yes you can visit as normal.

As a side note, when in summer do you plan to move? If you just filed this month, it will likely be autumn or winter by the time your interview comes around...

Good to hear that you are all able to still visit the US while waiting for green card. Does anyone know if there is any quote on the USCIS site that actually states it's OK to do so? Just curious.

We're hoping to move in July since our daughter is enrolled in school to start in September and we want to settle in. We already have a home to move to. It's grade 4 - she's young, so I really want to be there for her. I realize that it's unlikely that my green card will be ready, but I'm really hoping that at the border they'll understand that I need to be there for my daughter. I'll just return to Canada when it's time to complete the process. At this stage I'm trying to feel out what the experience has been for others.

[lilt 0]

In a perfect world, I would move in late June and be there for my sister's wedding.

But I filed back in November.

However, I'm not really expecting that.

Prob looking at Late July or August.

So you're not expecting to be at your sister's wedding because you'll not be able to cross the border before then?

[lilt 0]

If you're only filing your timing might not work out to move this summer. Just keep that in mind. As far as traveling goes, I go every other weekend and filed in October. We haven't had a glitch at all along the way.

I'm aware that I probably won't get my green card before July , but does that necessarily mean that I won't be able to be in the US for when my daughter needs to start grade 4 that she's enrolled in? I'm hopingto somehow be there for that and return to Canada when paperwork is ready.

[Ms Hogan 296]

Well you won't be allowed to "move" there until you have your visa approved either. Is your daughter already enrolled in school there? I can't register my children yet as they require their SSN before they can even sign up and we have to be permanent residents before we can get those. Maybe where you are moving that is different but I'm not even able to register them yet.

[Ms Hogan 296]

Good to hear that you are all able to still visit the US while waiting for green card. Does anyone know if there is any quote on the USCIS site that actually states it's OK to do so? Just curious.

We're hoping to move in July since our daughter is enrolled in school to start in September and we want to settle in. We already have a home to move to. It's grade 4 - she's young, so I really want to be there for her. I realize that it's unlikely that my green card will be ready, but I'm really hoping that at the border they'll understand that I need to be there for my daughter. I'll just return to Canada when it's time to complete the process. At this stage I'm trying to feel out what the experience has been for others.

Each time you have to cross the border you are getting permission from that individual officer to come in. It is up to them each time. Is your daughter also applying to immigrate or is she a US citizen? I didn't re-read your original post so I don't remember. But when you cross, you are arriving as a visitor and you can't cross with intentions to stay longer than they give you permission for. As Canadians we are able to come up to 6 months at a time in a 1 year period however, that is only as a visitor. They won't let you in if they believe you are intending to stay permanently. It is our burden to prove that we are coming back to Canada and not trying to immigrate at that time.

[Ms Hogan 296]

Yours has gone very fast. I think you filed after me and I'm still waiting. Sometimes I worry we didn't supply enough evidence which is why this is taking so long, but we haven't gotten an RFE so I think we're okay. But then they haven't touched it yet I think. I know my husband is passing any background check with flying colours! LOL

We did file a couple weeks after you. BUT ours never left the NBC so it didn't get caught up at a local office. If it helps, the evidence I sent was 30 pages. 2 photos per page for the most part of my husband with my kids. I'm the one taking the pics so not in many of them. Contract from the wedding chapel. Some boarding passes from when we took the kids to Disney World, some concert tickets and a check from our joint account. I think that's about it. It wound up being 30 pages long.

It seems that many sitting at local offices are doing just that. Sitting waiting. But then when it does get "touched" it will fly through!

[lilt 0]

Well you won't be allowed to "move" there until you have your visa approved either. Is your daughter already enrolled in school there? I can't register my children yet as they require their SSN before they can even sign up and we have to be permanent residents before we can get those. Maybe where you are moving that is different but I'm not even able to register them yet.

Since my husband is a US citizen, and our daughter was born in Canada (I'm Canadian), we declared her birth abroad at the our US embassy (got the certificate), and recently I got her SSN, and am going to get her a US passport. The school she's enrolled in has been one that my husband's family has been attending for generations. I guess they just knew that she'd be getting her SSN eventually.

In regards to my "moving"...I understand that I need the visa approved first. I'm hoping to just tell the border guard, when we cross, that I'm going to simply help my husband and daughter make their move and then return to Canada once the visa is ready. You can see why I'm a little nervous about the whole thing.

[lilt 0]

Each time you have to cross the border you are getting permission from that individual officer to come in. It is up to them each time. Is your daughter also applying to immigrate or is she a US citizen? I didn't re-read your original post so I don't remember. But when you cross, you are arriving as a visitor and you can't cross with intentions to stay longer than they give you permission for. As Canadians we are able to come up to 6 months at a time in a 1 year period however, that is only as a visitor. They won't let you in if they believe you are intending to stay permanently. It is our burden to prove that we are coming back to Canada and not trying to immigrate at that time.

Yes, my daughter is a US citizen. I'm just about to get her US passport. No worries there. I just need to let the border officer know that I'm only intending to help us move into our home (which we already have there) and overlook renovations on it, and help my daughter start Grade 4, but that I fully intend on coming back to get my visa and complete the process. I'm going about the whole process as need be, so they shouldn't give me a problem. I'll have all my paperwork in hand.

[Ms Hogan 296]

Yes, my daughter is a US citizen. I'm just about to get her US passport. No worries there. I just need to let the border officer know that I'm only intending to help us move into our home (which we already have there) and overlook renovations on it, and help my daughter start Grade 4, but that I fully intend on coming back to get my visa and complete the process. I'm going about the whole process as need be, so they shouldn't give me a problem. I'll have all my paperwork in hand.

That definitely makes it easier for your daughter! I think it makes it harder for you though. You will need to have strong proof to show you don't plan to move there yet. With an application in progress they'll know you plan to move their eventually so they'll just need to know you're coming back to Canada and the burden is on you to do so. Things like recent pay stubs, a letter from your employer, lease/mortgage agreement, are the items most-recommended here for people to bring with them to show ties. Don't bring too many of your own things with you when you cross. But be honest. Don't lie no matter what!

Do you cross often?

[The Mean Lady 604]

So you're not expecting to be at your sister's wedding because you'll not be able to cross the border before then?

no. i will be there.

it will just cost me more in gas.

im a usc. they have to let me back lol

[lilt 0]

That definitely makes it easier for your daughter! I think it makes it harder for you though. You will need to have strong proof to show you don't plan to move there yet. With an application in progress they'll know you plan to move their eventually so they'll just need to know you're coming back to Canada and the burden is on you to do so. Things like recent pay stubs, a letter from your employer, lease/mortgage agreement, are the items most-recommended here for people to bring with them to show ties. Don't bring too many of your own things with you when you cross. But be honest. Don't lie no matter what!

Do you cross often?

We travel to the US about 4 times a year, almost always to visit with family. I'm self employed and we'll have sold our house by then. Honestly, I think everything will be fine. I learned too late the timing of this entire process (and the process itself!), so the whole thing is just a timing issue.

no. i will be there.

it will just cost me more in gas.

im a usc. they have to let me back lol

I figured that. Have fun!

[The Mean Lady 604]

Yes, my daughter is a US citizen. I'm just about to get her US passport. No worries there. I just need to let the border officer know that I'm only intending to help us move into our home (which we already have there) and overlook renovations on it, and help my daughter start Grade 4, but that I fully intend on coming back to get my visa and complete the process. I'm going about the whole process as need be, so they shouldn't give me a problem. I'll have all my paperwork in hand.

at that point in the process youd prob just be waiting for your interview if anything.

its much less likely imo that youd look like you were intending to stay.

why spend that much money and get that far in the process just to jump ship?

that would make no sense lol

i just realized im replying to the wrong post but you get my point.