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Filed: Other Timeline
Posted
I am in the process of submitting an I-130 application for my Canadian Spouse to the Phoenix, Arizona office for my wife who lives in Vancouver, British Columbia, Canada.


I am CONFUSED about her right to travel to the U.S. if our intention is to do a consular interview. She has a Canadian passport.


I-130 PROCESS:

Submit I-130 --> National Visa Center (if I-130 approved) --> Consular Interview (visa granted if approved)


In the timeline above, I have the following questions:


1. Can she freely travel between the countries (U.S.-Canada) after the I-130 is submitted, once the I-130 is approved and prior to the consular interview?


2. Can she freely travel between Canada and other countries other than the U.S. after the I-130 is submitted, once the I-130 is approved and prior to the consular interview?


3. What documentation does she need to have at the border or at the airport to enter the U.S. during any of the times of the I-130 process?


Thanks!


Filed: IR-1/CR-1 Visa Country: Greece
Timeline
Posted

She can travel after you have submitted your I-130 petition, and at any stage after that.

She can freely travel from Canada to other countries as much as she likes. There is no restriction on travel just because you have filed your petition.

For travel to the US, that's a different story. She must prove strong ties to Canada and must convince the CBP officer that she is only visiting, should the officer start questioning her reasons for entering.

Check out this topic for tips and advice on entering the US. http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

Even though its in the K1 fiancee visa forum, the same applies for people filing for a spousal visa too.

CR1 Visa

USCIS
08/13/2013 -- I130 Sent
08/14/2013 -- I130 NOA1 (email)

02/20/2014 -- I130 NOA2 (189 days - email)

NVC

02-28-2014 -- NVC received
04-03-2014 -- NVC case number assigned

05-22-2014 -- Case completed!!!!!!!
05-30-2014 -- Interview scheduled for July 16th 2014 08:30am

05-31-2014 -- Interview Letter received
Embassy
06-24-2014 -- Medical

07-16-2014 -- Interview Approved!!!!!
07-21-2014 -- Visa in hand
09-24-2014 -- POE

 

ROC
09-09-2016 -- I-751 sent
09-17-2016 -- NOA received

10-14-2016 -- Biometric appointment

08-07-2017 -- New card ordered
08-10-2017 -- New card mailed ( still no approval letter)

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

3. What documentation does she need to have at the border or at the airport to enter the U.S. during any of the times of the I-130 process?
Thanks!

The interviewer needs to be convinced that she will definitely return home after the visit. So, evidence of property, significant assets, investments, a job, family/relatives, etc. need to be shown.

==========================================================================

K-1 Visa Timeline (Denied, 3 years, 29 days total)
==========================================================================

2009-8-21 - K-1 sent

2009-10-27 - NOA1 received
2009-11-22 - Received request for DS-230
2009-11-26 - DS-230 sent
2010-1-22 - NOA2 received, medical check & interview date (2010-2-11)
2010-2-11 - Interview! Received Blue Slip for China Communist Party membership. sad.png
2010-3-26 - RFE sent, written statement explaining disassociation from CCP
2010-7-22 - Sent an inquiry every month starting 7/22, always still in AP
2010-12-1 - Senator Feinstein's official inquiry, still under AP (yep, doesn't help. Immigration > Senator)

(…many monthly inquiries later…)
2012-6-12 - Final interview scheduled (9/18/2012)

2012-9-18 - K-1 was denied. :cry: We could not overcome INA212(A)(3)(d)

==========================================================================
CR-1 Visa Timeline (Approved, converted into IR-1, 2 years, 1 month, 29 days)
==========================================================================

2012-12-10 - Married in Beijing! <3

2013-5-1 - I-130 sent
2013-5-6 - NOA1 received

2013-12-6 - Case transferred to the TSC

2013-1-9 - (Bogus) RFE received

2013-2-24 - RFE sent

2014-5-2 - NOA2 received

2014-5-6 - Case shipped to NVC

2014-5-14 - Case received at NVC

2014-6-16 - NVC Case Number Assigned

2014-11-15 - NVC Case Complete!

2015-1-6 - Guangzhou Consulate received

2015-1-26 - Interview date!

2015-1-26 - 221(g) denial (again)! :cry: Case being transferred to Washington for a SAO.

2015-5-21 - Consulate e-mailed us and asked for her passport! Approved?

2015-5-23 - Submitted passport to CITIC Bank

2015-6-29 - Passport with visa arrived :dancing:... but expires in 16 days, time to hustle!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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