Jump to content
Sign in to follow this  
Jaeden85

What route is best

11 posts in this topic

Recommended Posts

I am a Canadian citizen, currently engage to an American soldier and we have 9 month old baby boy. We have know each other for 5 years or more and been together for two, we plan to get married with in the next month. Since the baby was born it has been my fiancée coming here to visit, but being in the military his vacation times are obviously limited. Our sons birthday and Christmas is coming very soon and we want to be together for that. I feel like our best option would have been to apply for a fiancée visa, but he can not get his housing in the army for our family until we get married making this impossible. So that leaves a spouse visa, our issue is I would like to go down to visit him from approx. Oct.25- Dec.30. But am very concerned they will not let me across the border, I am a stay at home mom living with my parents right now so have no proof of ties to my country, even though I have every intention of returning to canada after the two months. I just really don't want my fiancée to miss more of his sons life (birthday,Christmas), it would break his heart, and because of his attachment to the military he can't come here. So my question is would it be best to wait on filing till I've gotten to the states, tell them I am just coming to visit friends/vacation? File once I am across the border, and then head back to canada after Christmas and take care of my end of the paper work? I know this is a little shady, but it would destroy my partner to miss these events in our child's life an I don't see any way around it? I'm convinced if I show up at the border w an I-130 pending, an American baby and no ties to my country, they will turn me away. Is there any other route I can look to take? Thank you

Share this post


Link to post
Share on other sites

Once you are married you always have the option of requesting to be paroled into the US. Something to bear in mind.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

~~moved to Canada forum from IR1/CR1 progress reports. OP has not yet filed nor seems to be asking about a path or what path but on visiting issues unique to Canadians~~

Visiting for Canadians generally is not difficult honestly.

Have you applied for the CRBA for your son?

Feel free to look at the guides here


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

 

Share this post


Link to post
Share on other sites

Parole in Place - Military

My guess is that it is not an option used by many Canadians as they have an easy entry usually. But nice to have a back up.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Could you wait to file until after you're back? I don't think they'd give you a ton of grief regardless, but it might make it better not to have a pending I-130.

Share this post


Link to post
Share on other sites

You guys honestly think they woul let me threw fine with no proof of ties to Canada, I've just read some of the posts of threads here about visiting durring the visa process and everyone says it's a bad idea unless you have a bunch of paper work. Ideally we would like for him to fly here and then drive down with me, for safety and so at the boarder I for have to have a notarized letter for the baby. But I felt like that would look really bad on our part, I saw a post on here somewhere explaining the same situation (trying to drive across boarder with spouse) and they were denied. I just can't risk getting denied and not being there for these milestones in our babies life, so just looking for safest way to get across atm.

Share this post


Link to post
Share on other sites

First of all, your fiancé needs to talk to his CoC about what they can do for him. He can get help with the base legal services (free) for your immigration. He can also get approved to move off base, at his own cost, until you get there and get listed as a dependant under DEERS. Then he'll get housing allowance.

If you guys really want to get this done quickly, go the k1 route, move there once approved, get married.

Side note: with a fiancé in the military, you need a thicker skin and think about him missing LOTS of birthday and christmas. If he deploys, get sent on TDY, trainings, etc etc. It sucks, but thats what he signed for!

Good luck with everything!

Share this post


Link to post
Share on other sites

Tough spot you're in. My husband is also US military, and I was able to get B2 visas granted at the border (at Pearson airport) to spend entire summers with him. I don't remember exactly what they asked me about regarding my ties, but they asked me a lot about him (his branch, rank, his job, active/retired, shore/sea duty, etc). But this was always between semesters at university and I was working as well. I may have brought up school if they asked, but I never had to show them the letters my boss would write for me.

A friend of mine who met a guy in New Orleans got denied and sent home for not having any ties back to home (no job, not in school, etc). I think the picked up some ####### job at K-mart for like 2 months, then attempted to cross again and got allowed through. She hasn't come back since.

All I can really think of is if you spent a little less time, maybe one month instead of two. You absolutely want to have a return flight booked, and have your itinerary ready to produce. It doesn't mean a lot in the eyes of CBP sometimes (since you could always cancel it or change it once you're in the US), but it's better than nothing. Does dad have some leave time left (remember, they are supposed to have a minimum of 10 days saved up for emergencies, so he shouldn't be using every day) to come visit in October?

Definitely have him go to legal and see what his options are. Maybe he can get a notarized letter written up stating that he understands the consequences of fraudulent misrepresentation at the border, and intends to ensure that you follow the letter of the law, etc etc, but he really wants to spend Christmas with his family. Have that Fed-Ex'd to you, so you can have it at the border in case CBP asks for anything (I would keep it in the original Fed Ex packaging too and bring it to the airport in that). Don't ever present anything without them asking for it, by the way. Only give them what they ask for, and only answer what they ask of you, nothing more. Notarized letters from your family at home?

You really need to find some sort of ties - car payments, bills, a part time job, something.

DO NOT ever lie to CBP. It's better to get turned away than banned.


USCIS

Jul 15/11 - Sent I-130 Package from Honolulu

Jul 18/11 - I-130 package received & signed for in Chicago
Jul 19/11 - Priority Date
Jul 21/11 - NOA1/USCIS Acceptance Confirmation received
Jul 29/11 - Received I-797C hard copy
Aug 4/11 - Touched
Feb 16/12 - NOA2 Approval (212 days since Priority Date)


NVC

Feb 28/12 - NVC Case Number, BIN & IIN Assigned, Optin E-mail for EP Sent

Mar 2/12 - DS-261 Submitted
Mar 5/12 - Electronic Processing Opt-in Accepted, AOS Invoiced & Paid
Mar 7/12 - NVC receive IV electronic package, AOS shows "Paid", AOS Package Sent
Mar 9/12 - IV Bill Invoiced & Paid
Mar 12/12 - AOS fee shows as "Not Paid - Rejected": Human error. AOS re-paid.
Mar 13/12 - IV is "Paid." Will have to be re-paid post imminent "Rejected" status. NVC e-mail "Checklist Cover Letter" asking for my $$$
Mar 14/12 - IV is "Rejected - Not Paid", Re-paid, AOS is "Paid"
Mar 16/12 - IV is "Paid", DS-260 submitted & Package sent
Mar 19/12 - IV Package Received
Mar 20/12 - Case Complete E-mail Received (21 days at NVC)


Final Steps

Apr 10/12 - Interview date assigned: May 9 @ 8:30AM

May 1/12 - Medical Date
May 9/12 - Interview result: Approved!
Jun 22/12 - POE
Jul 23/12 - SSN assigned
Aug 10/12 - Green card in hand

ROC

Mar 25/14 - ROC sent to CSC

Mar 28/14 - Package delivered to CSC

Apr 1/14 - Check cashed

Apr 3/14 - Received NOA1, Receipt Date: 3/28

Jun 15/14 - Move to San Diego

Jun 23/14 - RFE / Package sent: Aug 6, ETA Aug 8

Aug 22/14 - New Card in Production

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×