Visiting to US with pending I-130

[mnmq13 0]

Hi all,

My wife is a US citizen and resident and she recently submitted an I-130 form to initiate the application process for my green card. I am a Canadian Citizen who will be visiting the US in the coming months (I will not be staying for more than a week during any of these visits) and I wanted to know what my chances are of being allowed entry into the US with a pending I-130 form. I know this question has been raised numerous times by other members of this forum but I wanted to know if my circumstances puts me at a high risk to a US border agent at the Pearson Intl Airport.

After doing my own research on this topic, I concluded that as long as I have evidence to show that I have strong ties to Canada such as an employment letter, a return ticket clearly showing the date when I return back to Canada, copy of my lease agreement to my apartment, bank statement, tax return forms etc (all of which I can provide), then there should not be any reason for me to be denied entry to the US. In addition, I have traveled to the US several times in the past year and a half and never stayed for more than 5 days. Given all of this, am I ok to travel down south? Are there any pertinent questions other than those about my connections to Canada that I should be ready to answer?

The reason why my wife has started the application process is because we have families on both sides of the border and I will be traveling to the US frequently going forward. I believe that having a green card will make it easier for me to cross the border with my wife (after she moves to Canada. I am also planning to apply for her Canadian residency). Furthermore, I want to have the option to move to the US in the future though I do not have the intention to move right now as I am happily employed.

The other question that I wanted to ask is if I should consider my wife withdrawing the I-130 form (and forfeiting the $500 fee paid in the process). If this application poses a significant detriment to me visiting the US then perhaps this option should be taken. We are having a wedding ceremony in the US this year and I do not want to put my entry into the US at risk. I admit that I found out about this issue after my wife submitted the I-130 form. But despite this, I don't think this should be a major issue as long as I have all my documents ready at the point of entry. Some of the stories that I have read on this website related to this issue almost makes it sound like a crime to visit the US with a pending I-130 form.

Thank you and I am looking forward to your opinions and advice.

[Inky 1,110]

Sorry but a green card is not a transit document. It is for living permanently in the USA. You will be wasting money and time getting a green card to use for traveling only. You will be caught if you are not living in the USA and following the terms of the green card.

Get a nexus card to travel with if you want easier traveling between the countrys.

[canadian_wife 1,791]

A green card is not for you. For one main reason, when you are granted your GC you'll lose your provincial health care as you are no longer a Canadian resdient, regardless if you are working there. If you do not intend to move to the US, do you want to lose your free health care?

Inky is right, if it is about traveling easier, get a NEXUS card

good luck

[Penguin_ie 5,986]

As the others have said, withdraw it now. Re-file if and when you want to live in the USA (well, about a year before you do).

[mnmq13 0]

Thank you for your responses. Living in the US was a long term goal and I thought by the time I receive a green card, I would be ready to move. But I think I will get my wife to withdraw the I-130 form and I will look to apply for a NEXUS card instead. I will resubmit when I am ready to make that move.

Would withdrawing my application risk my entry into the US even if I am visiting? I guess it removes the assumption that I am not intending to live in the US but I want to make sure. And would a pending I-130 form - before US immigration receives and processes the letter to withdraw the I-130 form - greatly impact my visits to the US?

[NikLR 13,220]

No to both questions. Immigration has nothing to do with CBP until you go to move. They can deny someone they feel is a threat or has immigration intent. They won't even know you were thinking of getting a green card unless you tell them. It's still a good idea to being proof because you're married to USC.

It takes longer for your wife to become a Canadian PR than for you to get a green card but in general, IMHO, it's the better route. Right now it's snowing where I am so I'm more than ready to leave this province! Lol!

Edited April 15, 2013 by NikiR

[gleigh 0]

I rarely find anything at all related to my situation. Here it is:

I am a USC, married to a Canadian who is a pilot working for a Canadian airline. He just sold his home, but will have a small apartment in Montreal because that is where his work is based out of at this time. He wants to apply for a Green card, because that is the only way to then apply to work for a USA airline (most favorable way from what airline websites say).

Right now, my husband is here at my home in the USA about 10-14 days a month, he has a Nexus card, zips right thru customs. From what I have been reading, once I send the I-130, it will be a pain for him to come to USA. Also, he flies to USA sometimes as part of his job....so will the I-130 cause some disruption in his crossing the border to fly planes?

Seems a lot more simple to do as we have done the past five years and come and go to each others country as we wish without paying fees and submitting paperwork! Because neither of us stay an entire six months in a year. I make no Canadian income, he makes no USA income. He has an apartment in Canada and income and does not need a green card for any other reason other than his desire to be based out of the USA one day. I know if we were not married, then there are other visas to apply for; but since he has a USA spouse, seems like GC would be the way to go..... any thoughts?

[NikLR 13,220]

Nope your husband won't have any trouble visiting you. He has a good job which is a great tie to Canada. He has an apartment which is also a good tie. He has a NEXUS card that makes it easier to go back and forth without hassle when he isn't flying. Pilots have a bit more privilege than other people I would think

[gleigh 0]

Thanks for your reply! To me, it all seems so simple, yet reading online makes me wonder how anyone figures out how to immigrate to USA. The reason my husband wants a green card is so that he can apply for jobs at USA airlines. The projected goal is for us to live here together in USA with him also working here. This is nothing we need to do in a rush. He is currently in USA with me about two weeks per month - same as he would be here if working for a USA airline. However, when applying at a USA airline, the longer you have had your green card, the better it looks. Also, I dont think he can move any personal belongings here without a green card. He has furniture in storage which we would like to move here in order to not pay any storage fees. I called CBP and the rep said to claim it as mine but...I dunno about it clearing customs. I have read things that say I cannot do that.

[xprecious32 50]

I am Canadian citizen married to a US citizien. Husband filed the I-130 Jul 24 2013. I plan on going to visit him in 3 weeks time. I do have a job here in Canada, but I don' have a rental agrrement or such as I moved in with my mother. I have been travelling back and forth to the US to visit him about once a month(never stay for more than 2 weeks) for the past 4 years never had any problems. With only my job as a tie to Canada, will they give me a hard time?

[NikLR 13,220]

Thanks for your reply! To me, it all seems so simple, yet reading online makes me wonder how anyone figures out how to immigrate to USA. The reason my husband wants a green card is so that he can apply for jobs at USA airlines. The projected goal is for us to live here together in USA with him also working here. This is nothing we need to do in a rush. He is currently in USA with me about two weeks per month - same as he would be here if working for a USA airline. However, when applying at a USA airline, the longer you have had your green card, the better it looks. Also, I dont think he can move any personal belongings here without a green card. He has furniture in storage which we would like to move here in order to not pay any storage fees. I called CBP and the rep said to claim it as mine but...I dunno about it clearing customs. I have read things that say I cannot do that.

You're correct about not being able to move his personal belongings. When he immigrates to the USA he can move his items duty free, and has up to 10 years to do so. I would wait until he can legally move.

I am Canadian citizen married to a US citizien. Husband filed the I-130 Jul 24 2013. I plan on going to visit him in 3 weeks time. I do have a job here in Canada, but I don' have a rental agrrement or such as I moved in with my mother. I have been travelling back and forth to the US to visit him about once a month(never stay for more than 2 weeks) for the past 4 years never had any problems. With only my job as a tie to Canada, will they give me a hard time?

You have other bills too right? Like a cell phone? You can draw up a rental agreement with your mother as well if you are paying her money each month to help with expenses. But otherwise I don't see any problems as long as you're honest and stay for short periods vs long.

[jpborn 0]

Hi everyone,

This is pertinent to me as well, and so it's a very useful topic! My situation is a bit more problematic than the above, would like to get some feedback. I'm married to a Taiwanese woman, was working/living in Taiwan but now back living permanently in US. We have submitted the I-130 and are still waiting to hear from the government. In the meantime, she wants to come visit me. Taiwan has VWP and we got the ESTA no problem obviously...the problem is she recently quit her job to move back home while we wait for the I-130 application and I'm getting nervous that they will just send her back, since I guess she doesn't have a lot of ties. Obviously she will have a return ticket etc, but she doesn't have a job, nor an apartment at this point since she lives at home...

Any thoughts? If she gets sent home will it effect the application for green card etc?

[NikLR 13,220]

If she's denied entry it will not effect the process. Only a ban would effect the process and require a waiver or waiting until the ban is done.

[jpborn 0]

Well, so I guess the question is, what are the chances that she will get sent back??

[NikLR 13,220]

It's really up to the individual CBP officer. She should be truthful, polite, positive, and bring any proof of ties in case asked for it. Short visits (1-2 weeks) go over better than long visits. But with VWP they can't stay longer than 90 days anyhow, but staying less is definitely recommended (do not overstay!)