American NB Citizen wife wants to bring her Canadian hubby home!

[SgtCalhoun 0]

Hello all!

 

My husband and I have been married since May of this year.  He currently resides in Nova Scotia, while I reside in southern Indiana.

 

Our original plan was to file for the K-1 (which I believe I posted about some time ago), though we threw out that plan in favor of marrying in his home country (as it would be easier to arrange travel based on my work schedule with regards to how my company structures vacation time, versus filing the K-1 and having to scramble for a wedding - also the CR-1 visa seems to be cheaper than the K-1 would have been anyhow).

So that's where we're at.

Some of the questions I have while looking at the forms we have to fill out for the CR-1 and other research are as follows.

1)  He was advised to voluntarily withdraw request for admission into the States in October - basically what had happened was CBP did not believe our marriage was legitimate (I have the marriage certificate, my name is legally changed in 90% of places and it's just a matter of getting it done - yes I know I should have prioritized this - my work ID, paystubs, and driver's license - basically everything short of the passport, my cable bill, and a couple credit cards.  Everything else is in my married name), or that he was not intending to return to Canada - he attempted to exit Canada two different days and was given two different explanations.  We thought, at the time, that he could come down under the VWP (if I remember that right - where people can enter the US without a visa?) and we would simply file for his Adjustment of Status there.  I believe this is a question on the 485 or the 130 form.  Does it count?

2)  What kind of documentation will USCIS want to see?  We talk to each other on Facebook daily, but for sensitivity reasons I'd rather not have the U.S. government reading through an entire history of our messages.  Will screenshots of phone records suffice?  We call each other through FaceTime primarily (though this is mostly because cell service can suck in my area).  Neither of us have said anything incriminating or anything like that, but the messages are not something I would, say, want my grandmother to see.

3)  How the hell long does it take?!  I've heard everything on a CR-1 visa from 5-7 months to 12-16 months to 20-24 months.  I honestly have no idea who to believe and the State Department(?)'s graph is very unclear.

4)  Will they want to interview me at any stage?  Will they not like the fact that the witnesses to our marriage were two of HIS friends and none of mine?  (The wedding was my first trip to Canada - every other time he's come here to Southern Indiana - about three times prior in the three years we've been together.  So we've seen each other four times in the span of three years).

5)  If I remember right, he'll be interviewed at the USCIS office in Indianapolis.  So at that point, would we have a good idea whether or not he can come?  Or would it be a last minute thing?  I don't want to run the risk of him not able to get his visa, so I don't know if we should book a return flight to Canada or not.

 

6)  If I remember right, since we're filing separately, I need to provide the last three years of my tax returns, one of which would need to contain my married name, is that correct?

 

I am really, really scared because I've heard the CR-1 visa approval is really up to the interviewer - he could deny my husband for wearing a green shirt that day, you know, that kind of thing.  Hyperbolic, perhaps, but I don't want to take this too lightly.

Edited December 28, 2017 by SgtCalhoun

[geowrian 22,344]

49 minutes ago, SgtCalhoun said:

1)  He was advised to voluntarily withdraw request for admission into the States in October - basically what had happened was CBP did not believe our marriage was legitimate (I have the marriage certificate, my name is legally changed in 90% of places and it's just a matter of getting it done - yes I know I should have prioritized this - my work ID, paystubs, and driver's license - basically everything short of the passport, my cable bill, and a couple credit cards.  Everything else is in my married name), or that he was not intending to return to Canada - he attempted to exit Canada two different days and was given two different explanations.  We thought, at the time, that he could come down under the VWP (if I remember that right - where people can enter the US without a visa?) and we would simply file for his Adjustment of Status there.  I believe this is a question on the 485 or the 130 form.  Does it count?

He was properly denied entry. It is fraud to enter the US as a Canadian without a visa (B1/B2 status) with the intent to stay / file for AOS. See INA 212(a)(7)(A)(i)(I). No cutting the lines.

He was lucky to be permitted to voluntarily withdraw his application...the officer could have chosen to issue an expedited deportation instead (with a 5 year bar on any future entry, and inability to ever enter the US without a visa again).

 

For reference, Canadians do not use the VWP...they have their own travel arrangement with the US for visa-less entry. VWP is limited to 90 days max, no extensions, and no rights to contest.

 

49 minutes ago, SgtCalhoun said:

2)  What kind of documentation will USCIS want to see?  We talk to each other on Facebook daily, but for sensitivity reasons I'd rather not have the U.S. government reading through an entire history of our messages.  Will screenshots of phone records suffice?  We call each other through FaceTime primarily (though this is mostly because cell service can suck in my area).  Neither of us have said anything incriminating or anything like that, but the messages are not something I would, say, want my grandmother to see.

Please see the guide: http://www.visajourney.com/content/i130guide1

Anything you have that shows a bona fide relationship is good. No need to send them every message you've ever sent. Personally, I sent just 1 page of chats for each moth we were together, and that was probably more than necessary. For a Canadian, you'll be fine...it's a very low risk country for marriage fraud.

Screenshots are fine to include for relationship evidence. If you don't want them to see something, then don't send it. Only send 1) required documents and 2) what actually helps your case.

 

49 minutes ago, SgtCalhoun said:

3)  How the hell long does it take?!  I've heard everything on a CR-1 visa from 5-7 months to 12-16 months to 20-24 months.  I honestly have no idea who to believe and the State Department(?)'s graph is very unclear.

Roughly 12-14 months from I-130 filing to visa interview, but it's trending longer right now. The average timeline changes regularly. Nobody can predict the timeline for an individual case as it depends on many different factors (including some luck!), but the12-14 months is what most people have seen over the past year or so.

 

49 minutes ago, SgtCalhoun said:

4)  Will they want to interview me at any stage?  Will they not like the fact that the witnesses to our marriage were two of HIS friends and none of mine?  (The wedding was my first trip to Canada - every other time he's come here to Southern Indiana - about three times prior in the three years we've been together.  So we've seen each other four times in the span of three years).

It's technically possible that they will interview the petitioner, but it's so uncommon that this is basically just a technical note. Do not expect an interview with USCIS, although it can be beneficial to be at the embassy interview with your spouse. It's by no means necessary, though.

I don't think they will care about the witnesses. If it's a legal wedding, you'll be fine there.

 

49 minutes ago, SgtCalhoun said:

5)  If I remember right, he'll be interviewed at the USCIS office in Indianapolis.  So at that point, would we have a good idea whether or not he can come?  Or would it be a last minute thing?  I don't want to run the risk of him not able to get his visa, so I don't know if we should book a return flight to Canada or not.

Incorrect. He will interview at the US Consulate General in Montreal for a CR-1 visa. You do not interview for a visa with USCIS or within the US. USCIS is under DHS. They adjudicate petitions and applications. The embassies/consulates are under DOS, which issue visas.

 

The CR-1 visa process is to file an I-130 to establish the legal relationship between you and your spouse. Once approved, that is sent to the NVC for processing. Once complete, the packet is sent to the embassy/consulate for the interview.

 

49 minutes ago, SgtCalhoun said:

6)  If I remember right, since we're filing separately, I need to provide the last three years of my tax returns, one of which would need to contain my married name, is that correct?

You must file an I-864 (at NVC and have one for the embassy interview as well) to show that you are able to support the intending immigrant and that they will not become a public charge to the US. Part of this means having filed the past 3 years of federal tax returns, and providing at least the most recent year's tax return (transcript is simplest, OR you can do the 1040 + all W-2s/schedules instead). None of them have to be in a particular name (although they must be able to match your name to the tax return's name....the marriage certificate typically being the instrument that does this).

Edited December 28, 2017 by geowrian

[SgtCalhoun 0]

6 minutes ago, geowrian said:

He was properly denied entry. It is fraud to enter the US as a Canadian without a visa (B1/B2 status) with the intent to stay / file for AOS. See INA 212(a)(7)(A)(i)(I). No cutting the lines.

He was lucky to be permitted to voluntarily withdraw his application...the officer could have chosen to issue an expedited deportation instead (with a 5 year bar on any future entry, and inability to ever enter the US without a visa again).

 

For reference, Canadians do not use the VWP...they have their own travel arrangement with the US for visa-less entry. VWP is limited to 90 days max, no extensions, and no rights to contest.

 

Please see the guide: http://www.visajourney.com/content/i130guide1

Anything you have that shows a bona fide relationship is good. No need to send them every message you've ever sent. Personally, I sent just 1 page of chats for each moth we were together, and that was probably more than necessary. For a Canadian, you'll be fine...it's a very low risk country for marriage fraud.

Screenshots are fine to include for relationship evidence. If you don't want them to see something, then don't send it. Only send 1) required documents and 2) what actually helps your case.

 

Roughly 12-14 months from I-130 filing to visa interview, but it's trending longer right now. The average timeline changes regularly. Nobody can predict the timeline for an individual case as it depends on many different factors (including some luck!), but the12-14 months is what most people have seen over the past year or so.

 

It's technically possible that they will interview the petitioner, but it's so uncommon that this is basically just a technical note. Do not expect an interview with USCIS, although it can be beneficial to be at the embassy interview with your spouse. It's by no means necessary, though.

I don't think they will care about the witnesses. If it's a legal wedding, you'll be fine there.

 

Incorrect. He will interview at the US Consulate General in Montreal for a CR-1 visa. You do not interview for a visa with USCIS or within the US. USCIS is under DHS. They adjudicate petitions and applications. The embassies/consulates are under DOS, which issue visas.

 

The CR-1 visa process is to file an I-130 to establish the legal relationship between you and your spouse. Once approved, that is sent to the NVC for processing. Once complete, the packet is sent to the embassy/consulate for the interview.

 

You must file an I-864 (at NVC and have one for the embassy interview as well) to show that you are able to support the intending immigrant and that they will not become a public charge to the US. Part of this means having filed the past 3 years of federal tax returns, and providing at least the most recent year's tax return (transcript is simplest, OR you can do the 1040 + all W-2s/schedules instead). None of them have to be in a particular name (although they must be able to match your name to the tax return's name....the marriage certificate typically being the instrument that does this).

Thanks man!  I feel like a total idiot.

 

For what it's worth, NOTHING was notated in his passport like what I've seen here (in terms of codes).  Will the fact that he was allowed to voluntarily withdraw make our case easy, or should I assume we will be denied?

Also - he was never deported.  He never set foot in the U.S. on our last attempt.  He was stopped at the border.

 

I'm really, really scared. :/  I love him more than anything and can't bear to be apart from him longer than I have to.

[geowrian 22,344]

Just now, SgtCalhoun said:

Thanks man!  I feel like a total idiot.

 

For what it's worth, NOTHING was notated in his passport like what I've seen here (in terms of codes).  Will the fact that he was allowed to voluntarily withdraw make our case easy, or should I assume we will be denied?

Also - he was never deported.  He never set foot in the U.S. on our last attempt.  He was stopped at the border.

 

I'm really, really scared. :/  I love him more than anything and can't bear to be apart from him longer than I have to.

No worries...now you know and can proceed. Be sure to look through the guide and study all the forms/instructions for each.

 

If nothing was written and he was told it was a voluntary withdrawal of his application, then I highly doubt there's any more to it.

 

An expedited deportation can (and often does) happen at POE during application for entry. You never need to set foot inside the US. But again, it sounds like the officer let him withdraw his application instead of ordering him removed.

 

Nothing you noted suggests an issue with the CR-1 visa process. It's just a waiting (and learning!) game.

[SgtCalhoun 0]

1 minute ago, geowrian said:

No worries...now you know and can proceed. Be sure to look through the guide and study all the forms/instructions for each.

 

If nothing was written and he was told it was a voluntary withdrawal of his application, then I highly doubt there's any more to it.

 

An expedited deportation can (and often does) happen at POE during application for entry. You never need to set foot inside the US. But again, it sounds like the officer let him withdraw his application instead of ordering him removed.

 

Nothing you noted suggests an issue with the CR-1 visa process. It's just a waiting (and learning!) game.

Thanks man.  I'm just super nervous because I've never been married before, suffer from PRETTY SEVERE social anxiety and have an obsession over needing to do things JUST TO THE LETTER PERFECT.  As long as I listen to you guys when I post here, and whatever RapidVisa says, he and I will be A-OK?

(Also does this mean I do not have to make the long-### drive to Indy to go get him?  Bahahaha!)

[geowrian 22,344]

1 minute ago, SgtCalhoun said:

Thanks man.  I'm just super nervous because I've never been married before, suffer from PRETTY SEVERE social anxiety and have an obsession over needing to do things JUST TO THE LETTER PERFECT.  As long as I listen to you guys when I post here, and whatever RapidVisa says, he and I will be A-OK?

(Also does this mean I do not have to make the long-### drive to Indy to go get him?  Bahahaha!)

Take a deep breath and just try to relax. It's a long journey, but you'll get there. Canadians in particular tend to not have such a difficult time through the process...just forms and paperworks and such. Not fun, but it is what it is.

 

FYI - since you married in May 2017, if you delay entry into the US on the CR-1 visa until after your 2 year anniversary, you will get a 10 year green card instead of a 2 year green card (and no need to file for ROC in 2 years after entry). I'm just thinking that the timing of the interview will probably be close to the 2 year anniversary, so I would give you a heads up. If you get lucky and it's issued sooner, that's good too.

 

Yeah....~6 hour drive (per day) is my limit personally!

[SgtCalhoun 0]

1 minute ago, geowrian said:

Take a deep breath and just try to relax. It's a long journey, but you'll get there. Canadians in particular tend to not have such a difficult time through the process...just forms and paperworks and such. Not fun, but it is what it is.

 

FYI - since you married in May 2017, if you delay entry into the US on the CR-1 visa until after your 2 year anniversary, you will get a 10 year green card instead of a 2 year green card (and no need to file for ROC in 2 years after entry). I'm just thinking that the timing of the interview will probably be close to the 2 year anniversary, so I would give you a heads up. If you get lucky and it's issued sooner, that's good too.

 

Yeah....~6 hour drive (per day) is my limit personally!

Cool.

Now, am I correct in remembering that he cannot come back to the US until he has his green card in his hand?  Or can he come visit me?  I know he misses me, obviously - and I'm going up there in May.  But he misses my dog too and...the dog.....is not a fan of travel.

[geowrian 22,344]

1 minute ago, SgtCalhoun said:

Now, am I correct in remembering that he cannot come back to the US until he has his green card in his hand?  Or can he come visit me?  I know he misses me, obviously - and I'm going up there in May.  But he misses my dog too and...the dog.....is not a fan of travel.

He's technically allowed to visit, but entry is at the discretion of the CBP officer. Given the past denied entries (likely due to suspected immigrant intent), I'm doubtful they would grant entry. Sorry.

 

He won't actually get the physical green card until after he enters on the CR-1 visa. So he will enter on the visa. But the CR-1 visa, once endorsed (at POE), acts as a green card for 1 year.

[SgtCalhoun 0]

1 minute ago, geowrian said:

He's technically allowed to visit, but entry is at the discretion of the CBP officer. Given the past denied entries (likely due to suspected immigrant intent), I'm doubtful they would grant entry. Sorry.

 

He won't actually get the physical green card until after he enters on the CR-1 visa. So he will enter on the visa. But the CR-1 visa, once endorsed (at POE), acts as a green card for 1 year.

Next stupid question: Does CBP talk with each other about denials of entry depending on the POE?  He was in Montreal.  If he tries to go through, say, Toronto or Halifax...?  I don't mind coming to see him, of course.  I'm mostly curious because Felix has no idea where his daddy is. :/

[geowrian 22,344]

6 minutes ago, SgtCalhoun said:

Next stupid question: Does CBP talk with each other about denials of entry depending on the POE?  He was in Montreal.  If he tries to go through, say, Toronto or Halifax...?  I don't mind coming to see him, of course.  I'm mostly curious because Felix has no idea where his daddy is. :/

The individual's history is available to all CBP officers regardless of POE.

[acidrain 325]

18 hours ago, SgtCalhoun said:

Next stupid question: Does CBP talk with each other about denials of entry depending on the POE?  He was in Montreal.  If he tries to go through, say, Toronto or Halifax...?  I don't mind coming to see him, of course.  I'm mostly curious because Felix has no idea where his daddy is. :/

Welcome to Visa Journey and welcome to the club of Canadians who have gone through the experience you have. I am Canadian and my husband is dual Canadian/American. We packed up a u-haul last Jan with our son and tried to cross thinking we could adjust status months later. Same thing happened where I got processed and sent back to Canada.

 

I went through so much grief and stress for months wondering what any of it meant. The fact is there is a good chance the Canadians passport is flagged. Mine is until the green card process is complete. I have gone through various ports of entry and yes, once it is flagged it is flagged EVERYWHERE. There will actually be an alert that prompts that will instruct the first border official to send that person to secondary. I report to secondary every time I travel. I always make sure I have at least a 2 hour layover.

 

Can you travel? Yes but you better make sure that every t is crossed and every i is dotted. I did not dare cross the border until we had a firm plan and I could prove ties back to Canada. Even then I was so stressed out about my first attempt I literally wound up at urgent care with a stomach ulcer afterwards. It is up to the individual customs official whether that person will be permitted through. I have traveled a total of five times since this border denial happened. Every time I show up to the border I have no idea what will happen.

 

I travel with a binder of ties back to Canada. I show my lease, provide phone numbers for my landlord, proof of school, proof of my son's school, medical appointments, bank statements showing rent and utility payments. The most important thing you can provide is proof you are carrying out the process legally and you have a firm understanding of how the process works. No matter who I get they interrogate me to find out where I am and what to expect in the months ahead. I waited several months before attempting to visit to show I was not desperate to get across. Is it possible to cross? Yes. Is it possible to get denied again? Yes. The denials do not effect your application and I have been told repeatedly by our lawyer and US customs it will have no effect. You will have to share your experience and declare it on your DS 260 application. I am expecting to be asked at the interview as well.

 

It's all the luck of the draw in who you get at the border. I honestly had no idea I wasn't supposed to travel during the NVC process as I had already submitted my DS 260 with prior trips. But the border official was nice enough to permit my travel to the US anyway (I am here right now). The trip I am on now is the longest trip I've taken at just over 2 weeks. But all the ones prior were for 11-12 days. I have read stories on VJ that some were denied entry and told to not come back until after the visa process is complete. In my case I have a 5 year old son and all of the US customs agents were empathetic to our situation with the need to spend time with my spouse.

 

Keep in mind the CR-1 process will run anywhere from a low of 8 months to a high of around 13 months. It will be around 12 months for us. It's all the luck of the draw as to which service center you get. The process is taxing and especially in your case you will be subject to a lot of what we have. I learned the immigration process is anything but fair. We may have to celebrate our 10 year wedding anniversary apart. But for most Canadians they get their applications approved. It's extremely rare to ever see a Canadian denial (except for cases of domicile). If you should ever have any questions feel free to post. It's a great community to get information.

Edited December 29, 2017 by acidrain

[SgtCalhoun 0]

3 hours ago, acidrain said:

Welcome to Visa Journey and welcome to the club of Canadians who have gone through the experience you have. I am Canadian and my husband is dual Canadian/American. We packed up a u-haul last Jan with our son and tried to cross thinking we could adjust status months later. Same thing happened where I got processed and sent back to Canada.

 

I went through so much grief and stress for months wondering what any of it meant. The fact is there is a good chance the Canadians passport is flagged. Mine is until the green card process is complete. I have gone through various ports of entry and yes, once it is flagged it is flagged EVERYWHERE. There will actually be an alert that prompts that will instruct the first border official to send that person to secondary. I report to secondary every time I travel. I always make sure I have at least a 2 hour layover.

 

Can you travel? Yes but you better make sure that every t is crossed and every i is dotted. I did not dare cross the border until we had a firm plan and I could prove ties back to Canada. Even then I was so stressed out about my first attempt I literally wound up at urgent care with a stomach ulcer afterwards. It is up to the individual customs official whether that person will be permitted through. I have traveled a total of five times since this border denial happened. Every time I show up to the border I have no idea what will happen.

 

I travel with a binder of ties back to Canada. I show my lease, provide phone numbers for my landlord, proof of school, proof of my son's school, medical appointments, bank statements showing rent and utility payments. The most important thing you can provide is proof you are carrying out the process legally and you have a firm understanding of how the process works. No matter who I get they interrogate me to find out where I am and what to expect in the months ahead. I waited several months before attempting to visit to show I was not desperate to get across. Is it possible to cross? Yes. Is it possible to get denied again? Yes. The denials do not effect your application and I have been told repeatedly by our lawyer and US customs it will have no effect. You will have to share your experience and declare it on your DS 260 application. I am expecting to be asked at the interview as well.

 

It's all the luck of the draw in who you get at the border. I honestly had no idea I wasn't supposed to travel during the NVC process as I had already submitted my DS 260 with prior trips. But the border official was nice enough to permit my travel to the US anyway (I am here right now). The trip I am on now is the longest trip I've taken at just over 2 weeks. But all the ones prior were for 11-12 days. I have read stories on VJ that some were denied entry and told to not come back until after the visa process is complete. In my case I have a 5 year old son and all of the US customs agents were empathetic to our situation with the need to spend time with my spouse.

 

Keep in mind the CR-1 process will run anywhere from a low of 8 months to a high of around 13 months. It will be around 12 months for us. It's all the luck of the draw as to which service center you get. The process is taxing and especially in your case you will be subject to a lot of what we have. I learned the immigration process is anything but fair. We may have to celebrate our 10 year wedding anniversary apart. But for most Canadians they get their applications approved. It's extremely rare to ever see a Canadian denial (except for cases of domicile). If you should ever have any questions feel free to post. It's a great community to get information.

Gotcha, gotcha.  I'm really, really scared and have had panic attacks almost every night since he was denied.  I need him here and I need to know it's a sure thing and I don't know how to do that because I'm so scared they'll deny it.

 

I'm located in Evansville, Indiana, so I think our service center is Chicago.  Is there a way to find out?

Edited December 29, 2017 by SgtCalhoun

[Ryan H 3,925]

8 hours ago, SgtCalhoun said:

I'm located in Evansville, Indiana, so I think our service center is Chicago.  Is there a way to find out?

 

The intake facility you will send your petition to is Chicago; however, from there it will be sent to a service center and you won't know which one until you are informed of the one it was sent to.

[acidrain 325]

9 hours ago, SgtCalhoun said:

Gotcha, gotcha.  I'm really, really scared and have had panic attacks almost every night since he was denied.  I need him here and I need to know it's a sure thing and I don't know how to do that because I'm so scared they'll deny it.

 

I'm located in Evansville, Indiana, so I think our service center is Chicago.  Is there a way to find out?

I know it's hard to believe but there are quite a few Canadians that wind up in our predicament. They can't deny a green card solely based on the withdraw. You'd actually be surprised by what gets forgiven when someone marries a US citizen (illegal work, overstays, illegal entries).

 

There was a Canadian recently who I can't remember their username had a voluntary withdrawal and just received their green card. The interviewer merely asked if they have ever been denied entry to the US. She said yes and the interviewer said something like "it happens to everyone". I know if there was little chance to get a green card there is no way the border would've allowed me to visit my spouse.

 

How my passport got flagged was all done electronically. There was nothing that was ever entered into it. The end result was always the same whether I was traveling through Vancouver or Calgary. I checked into one of those electronic kiosks at US pre-clearance and I would get a big X across my name. I would get told to go to the "other" line up and the first customs official would look up what the issue was. I would then get told to wait in secondary for someone to call my name. I am doubtful most of the customs people looked up the case notes. A couple of them asked what happened but seemed impartial to the whole thing.

 

You are expected to declare the withdrawal on the DS 260 application. It's seen as a minor offense and when I was denied I was even told that. It won't affect the outcome of your application. I have been assured by so many people it's really only a blip. Don't lie on the application and you will be fine. If you lie or omit anything that can be grounds for denial.

 

First you have to send the i130 to the lockbox and then you will be assigned one of the major service centers. We got Nebraska which was the slowest service center at the time. It's really luck of the draw as to how long it takes. My best advice is to be organized and do things like police checks ahead of time, have your taxes ready and all the paperwork for the NVC stage.