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Travelling to USA

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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?

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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).


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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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'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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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.


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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!


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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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. :)


I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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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!


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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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.


10/28/13-I-130 Sent via USPS to Chicago Lock Box from Abroad

11/01/13-I-130 received at facility

11/12/13-Contacted Chicago Lock box to find info on our petition and was told it is being returned.

11/14/13-Received package back from Lock Box with RFE to resend it with correct filing fee.

(Money Order not drawn on US account)

11/25/13-I-130 Sent via USPS to Chicago Lock Box from Abroad with correct method of payment.

12/06/13-Received NOA1 via Email stating our case has been transferred to Nebraska Service Center.

12/12/13-Checked USCIS site for Case Status. Seen our case is in initial Review.

12/16/13-Received Hardcopy NOA1 in mail.

Feb 5-crossed border to US to see hubs and son off at airport. Flew to CA to establish domicile.

Feb 11-Case touched to update hub's change of address

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