Travelling to USA

[SH1983 0]

My husband and I just got married in the USA last week. He is American and I am Canadian. We are about to begin the process for the CR-1 Spouse Visa. Am I still able to go into the USA to visit as his wife before we start the process? What about after we begin the process?

[lost_at_sea 995]

You can travel as you may have before on the VWP (I assume that's what you were on, anyway), within the rules of that system (max 90 day stay etc. etc.). Remember to travel with proof of ties back home, return travel info and such, though, particularly now you're married as they may ask more questions about your intent and stay. You can travel before you start the process and after - the immigration officials on the border will have no awareness that you've filed a petition and are starting a visa process unless you tell them so (and you should if they ask you).

[SH1983 0]

Thank you!

[speedwell 224]

Canada is special with regard to the VWP... they get 180 days. But don't arrange to use that much or you risk the border official thinking you are using it to live in the US impermissibly (after all the I-130 shows you have immigrant intent, and they may well show it in their system even if you do not speak of it to them).

[The Mean Lady 604]

Canada is special with regard to the VWP... they get 180 days. But don't arrange to use that much or you risk the border official thinking you are using it to live in the US impermissibly (after all the I-130 shows you have immigrant intent, and they may well show it in their system even if you do not speak of it to them).

It does not show in their system, but when you disclose you are married to a USC, they will most likely ask what your plans are in which case you would disclose that you are filing immigration paperwork.

Prior to filing, you actually pose a little more of a risk so make sure you bring several ties to canada.

After filing, bring a copy of your NOA1 showing you've begun filing and any additional paperwork during the filing process after that.

[lost_at_sea 995]

Canada is special with regard to the VWP... they get 180 days. But don't arrange to use that much or you risk the border official thinking you are using it to live in the US impermissibly (after all the I-130 shows you have immigrant intent, and they may well show it in their system even if you do not speak of it to them).

I don't think the border officials see pending petitions. I'm sure I came across a thread around here somewhere that shows that they don't have access to that from their terminals. Given the state of most government software systems, I'd be super impressed if they were that joined up!

[speedwell 224]

I don't think the border officials see pending petitions. I'm sure I came across a thread around here somewhere that shows that they don't have access to that from their terminals. Given the state of most government software systems, I'd be super impressed if they were that joined up!

Ha, totally. I'm a database analyst and I know you can neither overestimate or underestimate a database. Though it's safe to err on the side of inefficiency.

[NikLR 13,220]

KDH is right. Bring proof of your ties to Canada when you visit and a return ticket or date of return. Also make sure you always tell the truth when crossing the border. I've never had any issues and I always said "I am visiting my husband." They will likely ask you more questions but be straightforward, polite and truthful.

congrats on your wedding!

[angeldaemon13 42]

About a month ago, i went to the US Embassy in Winnipeg to Report a Birth Abroad as hubby is USC. While there, I did tell him I was filing I-30 and if I could travel. He told me as long as I have proof I am returning to Canada, it should be fine. He said it is always the discretion of the border patrol. He stated they are 2 separate entities and they won't know I am filing but because hubby is USC it does raise flags.