I am I allowed to Visit while CR-1 is being processed?

[saddlepatch 6]

I'm getting very mixed answers for this one so figured I'd start a thread about it.

I'm Canadian, I'm the Beneficiary. Is it true that I cannot visit my wife in the states while the CR-1 is processing or visit the states at all? (I live on a boarder community and it would be great if I could go over and start shopping over there to save some money on top being able to visit my wife :/ ) I keep reading that they put a big warning thing on your file at the boarder that says you're showing intent to move and you are denied right away, even if you've never done anything wrong illegally or anything, but then I see people on here that have visited to the states during this time, so I'm a little confused. And the fact that my wife can come see me without issue though just confuses me more. Can anyone for sure clarify on this?

Again I'm Canadian so I don't need a visa to visit the US, just a passport.

[Hotter Otter 1,211]

Yes you are allowed to visit during CR1 processing but It's down to the discretion of the officer who questions you at the point of entry. If you can demonstrate that you will return home after the visit and still have ties to Canada you shouldn't have any problems. Be honest when questioned and don't volunteer information unless you are asked. Ways to prove you will return home include having a return ticket, proof of employment in your home country, house rental/ownership documents etc. If you don't have a job and live with your parents etc so no ties to Canada it will be harder to prove that you will return. There has been debate on here as to whether the border officer can see you have applied for a visa, I've never seen it conclusively confirmed or denied. USCIS doesn't have your passport number when you apply for the 1-130.

I'm waiting for my CR1 and visiting my wife next week and I have a copy of my flight itinerary, a letter from my employers stating when I'm expected to return, a copy of my CR1 petition to show I'm applying for a visa legally and a copy of my housing contract to show I'm paying for accommodation in the UK still. Good luck!

Edited November 25, 2013 by Hotter Otter

[A_Singh 21]

Hey don't worry, you are absolutely allowed to visit the us while ur CR1 is in process. I have done that more than 15 times. I am an Indian, Canadian PR and as of 10 AM this morning, my CR1 Visa was pending, today I had my interview at montreal and it was approved

However you need to ensure you have some sort of paperworrk to prove that u will be back to Canada and not live there and file adjustment

What I used to take was the following

1. Copy of current lease of apt/car/ or anything

2. Copy of employment letter or latest paycheques that you are still employed

3. Return tickett if flying (i used to cross by road so took my car lease )

4. Copy of current bills - Phone/Cable/ etc.

Just be honest at border and u will be fine. Good Luck.

[saddlepatch 6]

Okay, yeah I didn't think that made sense that you couldn't visit you spouse since this whole thing is about proving the bonafideness of the marriage, so that's kinda silly that you're automatically denied no questions asked right when you try to enter.

So yeah we always have our return tickets and I always bring work paystubs with me to the boarder.

Thanks so much for the clarification! My wife and I want to go on vacation sometime in the new year so we just needed to know how we could go about doing it, whether we could save money and fly from the US or if we would have to both fly out of Canada haha!

[mtlguy 59]

I'm in the same boat as you. My wife is a US citizen and a Canadian PR. We're planning a short trip to the States around x-mas. I ended up calling the border crossing and spoke to a US immigration officer. She told me If I have proofs that tie me to Canada, then it should be no problem at all. Letter of employment, mortgage docs, etc.. are all examples. Just be honest and you should be ok.

cheers.

[ricky and elaine 8]

I have travelled a few times during the process and have never had a problem. I brought proof of ties to Canada but was never asked. I was asked if I was going to work...clearly not., And, I did have my passport stamped on entry...I always wondered how they would know I left 17 days later as they don't stamp on departure. hmmmm. I am going again soon and don't expect any problems.

[Ryan H 3,796]

Moved from IR-1/CR-1 Progress Reports to Working & Traveling During US Immigration forum.

[twin810s 23]

Same with the above answers, my husband (a Canadian) comes to visit me all the time (US Citizen) with no problems. In past posts I've mentioned I get question more than he does coming back into the states haha. I don't think they've even ever asked him for ties to Canada yet.

[joeber 1]

My wife is Canadian and I am a USC, she has visited me at least 6 times since we've began the process, each time without incident. My advice is to be honest and to only volunteer information that the POE officer directly asks for. Good luck!

[Rose13 30]

Same response here. I lived in Windsor and visited my hubby in Detroit at least twice a week while our CR1 was being processed. I always had proof of Canadian residence but was only asked for docs once ot twice.