How can a Canadian enter the US while awaiting 130 approval

[Hopefully3 0]

Hi there, I know it's been asked by users before- "can my wife come to the US while awaiting her green card", "can I visit my spouse before my i-130 is approved if I get a visa". Normally I wouldn't even use sites like these because my husband is in the US Navy and we have legal resources available to us for immigration matters but my situation is a bit time sensitive. This is going to be a lengthy post so please bare with me.

 

I am a Canadian Citizen and I've been married to my husband for 3 years. The first year was spent living separately, two years ago my husband was stationed overseas in Italy where I was able to accompany him as I am on his orders. We started looking into the process of green cards and citizenship when we moved to Sicily, but we weren't able to submit our finished i-130 until about a week ago. The legal representative who guides people through the process and ensures we have compiled the necessary documents said that I needed my permit of residency as part of my package seeing as Italy was the country I lived in most recently. But base legal didn't give me this document until last month, so I had to wait these two years. While we waited for this, an old injury my husband had suffered during deployment in 2011 started flaring up and causing him debilitating pain. We learned he is being separated from the Navy due to this, but legal assured us we would have ample time to get my green card as they were having it expedited so it would take a month and a half. 

 

Before mailing my i-130 and other forms off, my husband and I asked Legal for confirmation that I would have my green card in time to lawfully return to the US with my husband, and they assured us so we submitted it. The day after submitting the application and it arriving to Rome my husband learned from his command that they had bumped up his leave-by time by months and that he is expected to leave Italy to begin the process of separation in Virginia in less than ten days. So for the past few days I have been trying to find out if I can enter the US legally while awaiting approval of my i-130. Base legal said it was impossible. I called the USCIS office in Rome and they also said it was impossible. I called the USCIS office nearest my husband's home town in Texas and they were the third people to tell me there was no way to enter the US while awaiting a green card. I started doing some digging and on the actual USCIS website it said I could enter the US while waiting for my green card if I had a K3 visa, which made me suspect that the people I had asked weren't knowledgeable and had given me misinformation. I called USCIS back and told them what I had found on their site, and they said that I could enter the United States with a K3 or a tourist visa. I was relieved. I called back with my husband later that evening to get information on the tourist visa. The new person that answered also said I could enter on a tourist visa, but forwarded my call to immigration visa people since they didn't have any information on it. We were on hold for an hour, and the person that answered again confirmed that I can enter the united states with a visitor visa, but said they were not the people to talked to and forwarded our call again to another department that handles non-immigration visas. We were on hold for an hour and a half, and the person who answered said that since I am a Canadian I do not need any visa. I asked if that was true if I was waiting on my green card and she said I would have to ask the immigration visa department and hung up. 

 

I just need to know my options for entering the United States within the time constraints that have been placed upon us. I need to know who to contact that won't give me the run around, and I need it in the next few days so I can make arrangements. The navy will not pay to have me return to anywhere but stateside and I cannot stay in Italy after my husband returns to the US. I do have a trip planned to see my parents in June but we are of course waiting to purchase the tickets until after we figure out what is happening. Nobody can seem to agree on what I should be doing right now. I'm hoping a few users of this site can provide some insight based on personal experiences. I appreciate any information or recommendations. 

[Hopefully3 0]

As well, I am wondering if anyone can tell me whether visiting the united states with a visa waiver or with a visitor visa has compromised their i-130 application because I am hearing conflicting opinions about that as well.

[Ben&Zian 4,399]

 

These threads may be helpful.

Edited April 10, 2017 by Ben&Zian

[p-ana 933]

As a Canadian you don't really need a visa to try and enter the US, but to get permission for entry, you'll have to satisfy cbps requirements, showing that you won't stay and adjust (fraud) and you'll got back to your country. Seeing that you have an immigrant petition pending and also (apparently) don't have an established domicile in Canada or anywhere else, chances are you're going to have a hard time proving to cbp you're not staying.

K3 visas are obsolete, so I would not look into that

Edited April 10, 2017 by p-ana

[Hopefully3 0]

Just now, p-ana said:

As a Canadian you don't really need a visa to try and enter the US, but to get permission for entry, you'll have to satisfy cbps requirements, showing that you won't stay and adjust (fraud) and you'll got back to your country. Seeing that you have an immigrant petition pending and also (apparently) don't have an established domicile in Canada or anywhere else, chances are you're going to have a hard time proving to cbp you're not staying.

 

That makes sense. Honestly I don't even have a bank account in my home country of Canada, and I personally didn't think my impeding visit was enough even though a few online sources have suggested a ticket to visit my parents and an invitation by them would suffice. I don't want to ruin chances at a life with my husband by doing the wrong thing and a month and a half of processing time isn't such a big deal in regards to waiting. I'm just at a loss as to what I should do now as I am about to be left behind in a country that isn't even my home country. hahahahahahaha.......

[p-ana 933]

13 minutes ago, Hopefully3 said:

That makes sense. Honestly I don't even have a bank account in my home country of Canada, and I personally didn't think my impeding visit was enough even though a few online sources have suggested a ticket to visit my parents and an invitation by them would suffice. I don't want to ruin chances at a life with my husband by doing the wrong thing and a month and a half of processing time isn't such a big deal in regards to waiting. I'm just at a loss as to what I should do now as I am about to be left behind in a country that isn't even my home country. hahahahahahaha.......

The cr1 process takes about a year. Do you know where your i130 was sent to? 

[Hopefully3 0]

26 minutes ago, p-ana said:

The cr1 process takes about a year. Do you know where your i130 was sent to? 

The USCIS office in rome, then the department of homeland security.