Question about going to America while i-130 is in processing

[Sharon Shelvy 0]

Hello,

I've been reading all of your posts and stories for a few months now, and now I have a question of my own.

My husband and I filed our i-130 and recieved our NOA 1 on October 25th, 2012. We are still waiting for our NOA 2.

As a Canadian citizen, i am entitled to travel to America for 6 consecutive months at a time. Does this change now that we are filing for immigration? I miss my husband terribly, and would like to spend a few months with him! Any insight on this would be helpful.

We hired an immigration lawyer (which I now realize was a HUGE mistake and waste of money) and he said travelling to the US for an extended time during the visa process is out of the question, but couldn't provide a solid reason why. I think the lawyer may be more familiar with the immigration process from Latin American countries, and may not be aware of all the rules regarding Canadian travel.

Thanks in advance for your help. I searched the forum in advance but didn't find any answers similar.

[squirrelisan 23]

Yes, but it's a YMMV kind of thing, and at the complete discretion of each individual US customs agent, and won't effect your I-130 if you get denied. Make sure you have a return ticket, bring documentation proving strong ties, and don't bring 6 suitcases with you.

This question is probably one of the most commonly asked questions, and there are hundreds of threads on this.

[squirrelisan 23]

Here's a nice recent thread for you...canadians on here so maybe ask them directly?

http://www.visajourney.com/forums/topic/404967-crossing-the-border-while-cr1-is-in-process-from-canada/

[Sharon Shelvy 0]

Thanks for your answer.

The thread you provided is more about being granted entry for short weekend or week-long visits, rather than 3-6 months. As I said, I searched the forums prior to posting to see if there were any existing topic strings pertaining to my situation, and came up empty.

I will try asking my question there.

[MedRoni 161]

As it was mentioned, it will be up to the sole discretion of the customs agent. They may let you in, they may not. Some have had success, others not. The key here is to make sure you have as much proof you are returning to Canada as you can, like a return ticket, a letter from your employer stating you have a job when you return, prrof of home ownership or lease, etc. The more you have the better your chances.

Also... as squirrelisan said - do not bring 6 suitcases, or tons of stuff from home. I know you want to stay for months but if it looks like you are movin' in you will most likely run into a hiccup.

Best of luck!

[squirrelisan 23]

Thanks for your answer.

The thread you provided is more about being granted entry for short weekend or week-long visits, rather than 3-6 months. As I said, I searched the forums prior to posting to see if there were any existing topic strings pertaining to my situation, and came up empty.

I will try asking my question there.

How about this one...

http://www.visajourney.com/forums/topic/311958-6-months-at-a-time-or-6-months-total-per-year/

[NikLR 13,227]

Actually you're not entitled to anything. As Canadians, we are given permission to stay UP TO 6 months without needing a visa. The decision to let us stay for X amount of time is completely on the decision of the CBP officer. If they feel you're immigrating or living in the USA, they will deny you. You cannot bring your stuff down. You cannot live in the USA. The longer you stay the more proof you need that you have ties to Canada and intend to return.

There are many topics in the Canada forum about proof of ties and I'm to request that your thread be moved there. It's a bit slow on weekends however so you'll get a better response next week most likely,

[FlyCal 0]

Like said before, entry into the US is not an issue as long as you can show proof that you do not intend to live there. The I-130 in theory shows your desire to live, not visit, so you might have some real explaining to do.

Personally, I have been across the border twice since starting the process and both times was held up for a few mins having to explain my reasoning for heading over. One of the officers even stamped a 30 day stay limit on my passport, and cautioned me to be back within the 30 day window.

It's a ####### shoot..:but then again, so is everything else in life.