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I-130 Processing time & EU citizen Visiting USA from Canada while I-130 is pending?

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I am an EU citizen waiting for my I-130 which should be completed by November 2019 (filed in October). My Sister lives in Montreal and my US citizen spouse lives 2.5 hours away in New York state.  I would like to go to Montreal to be closer to him while waiting for my I-130 to be approved, but I have a few questions, can anyone help?  My questions are: 

 

1) What is the current processing time for I-130's..... is it 12 months? more? less?  

 

2) Does anyone know if the Federal shutdown has impacted the I-130 processing times?  

 

3)  Can I go from Canada to visit my spouse in NY while waiting for the I-130? If yes, is using an ESTA OK or is there a different type of visa you need to apply for? 

 

4) If I visit how long can I stay in NY State? Is it 90 days?  

 

5) After my visitation time is over, does going back to Canada end the tolling period? 

 

6) Someone told me that USCIS will count my days in Canada as days spent in the US? Is this true?    

 

7)  If that is the case, will days spent in Canada before my first visit to the US also be added to the number of days counted as "days spent in the US"? It would seem crazy for them to do that, but to be safe I need to ask this. 

😎 What happens if I  get the I-130 documents/papers approved while I am  visiting the USA or while in Canada? Do I need to fly back to the EU and re-enter from there?  or can I re-enter from Canada? 

 

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Posted (edited)
4 minutes ago, Agne said:

I am an EU citizen waiting for my I-130 which should be completed by November 2019 (filed in October). My Sister lives in Montreal and my US citizen spouse lives 2.5 hours away in New York state.  I would like to go to Montreal to be closer to him while waiting for my I-130 to be approved, but I have a few questions, can anyone help?  My questions are: 

 

 

 

1) What is the current processing time for I-130's..... is it 12 months? more? less?  

About 12 months.

 

Quote

2) Does anyone know if the Federal shutdown has impacted the I-130 processing times?  

 

No, it didn't.

Quote

 

 

3)  Can I go from Canada to visit my spouse in NY while waiting for the I-130? If yes, is using an ESTA OK or is there a different type of visa you need to apply for? 

If you qualify for ESTA, then yes.

 

 

 

Quote

 

 

4) If I visit how long can I stay in NY State? Is it 90 days?  

Safer to say, 89 days at the time. Longer visits might be suspicious and of course you're not always guarantee to be allowed.

 

 

Quote

 

 

5) After my visitation time is over, does going back to Canada end the tolling period? 

After you're done visiting then... you're done visiting. Not sure what else you mean. When you enter US on ESTA you have max 90 days. Once you leave that period is obviously over. If you're thinking that you can go back to Canada after 90 days , spend week in Canada and attempt to go back to the US for another 90 days.. then you'll be probably denied entry.

 

 

Quote

 

 

 

6) Someone told me that USCIS will count my days in Canada as days spent in the US? Is this true?    

You cannot "live" in the US on your ESTA. Of course they will check how much time you're spending there.

 

 

Quote

 

 

 

7)  If that is the case, will days spent in Canada before my first visit to the US also be added to the number of days counted as "days spent in the US"? It would seem crazy for them to do that, but to be safe I need to ask this. 

No one will actually sit with you and count days...

 

 

Quote

 

😎 What happens if I  get the I-130 documents/papers approved while I am  visiting the USA or while in Canada? Do I need to fly back to the EU and re-enter from there?  or can I re-enter from Canada? 

 

 

 

You have to go back to your home country anyway to complete your medical and your interview.

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Yes, provided you have a return or onward ticket. If your return journey will take you back through the United States, even if only in transit, the total trip, including both periods of time spent in the United States/Canada/Mexico Bermuda, or the islands in the Caribbean cannot exceed 90 days. If it does, you will require a visa.

 

https://uk.usembassy.gov/visas/non-immigrant-visa-faqs/visa-waiver-program-and-esta/

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~~MOved to Tourist Visas, from Bringing Family of USC - The OP is asking about visiting.~~


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Met Playing Everquest in 2005
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Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
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Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

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Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Let me explain my situation more clearly and then maybe everyone can understand.  I applied already and have an application receipt dated Oct 10 , 2018.  It is going through the texas processing center because my husband lived there when we applied but suddenly moved to New York for work a few weeks after we applied (do we need to file a change of his location now with immigration?) 

 

Now my husband lives in upstate new york a few hours from montreal and I coincidentally have my sister living in montreal, so from sept 1 or so I was thinking to go visit my sister in canada on a tourist visa, so that my husband can at least come visit me on weekends until the USA marriage visa comes through.  Therefore:

 

1)  If I stay in canada there is no 90 clock running unless and until I try to enter the USA right? So if I just stay in canada, then Im ok

 

2) I am hearing from some places that it can take 15 months and not 12 months. Are there any clear sources of information on that?  Some of the data in parts of this website are very cryptic and in conversations everyone seems to have a different story.   and someone from taiwan posted their timeline that looked like it took almost 2 years! Is that possible? 

 

3) If I stayed in Canada the whole time but just wanted to visit for Xmas after having been in canada for 4 months, and assuming my visa was still in process or I have an embassy appointment scheduled for just after Xmas holidays, do you think the border officers would have any issue letting me visit the USA just at christmas time?  after all, I would be just weeks away from my embassy appointment at that point.

 

Thanks to everyone for their comments! 

 

Agne

 

 

   

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5 minutes ago, Agne said:

Let me explain my situation more clearly and then maybe everyone can understand.  I applied already and have an application receipt dated Oct 10 , 2018.  It is going through the texas processing center because my husband lived there when we applied but suddenly moved to New York for work a few weeks after we applied (do we need to file a change of his location now with immigration?) 

 

Now my husband lives in upstate new york a few hours from montreal and I coincidentally have my sister living in montreal, so from sept 1 or so I was thinking to go visit my sister in canada on a tourist visa, so that my husband can at least come visit me on weekends until the USA marriage visa comes through.  Therefore:

 

1)  If I stay in canada there is no 90 clock running unless and until I try to enter the USA right? So if I just stay in canada, then Im ok

 

2) I am hearing from some places that it can take 15 months and not 12 months. Are there any clear sources of information on that?  Some of the data in parts of this website are very cryptic and in conversations everyone seems to have a different story.   and someone from taiwan posted their timeline that looked like it took almost 2 years! Is that possible? 

 

3) If I stayed in Canada the whole time but just wanted to visit for Xmas after having been in canada for 4 months, and assuming my visa was still in process or I have an embassy appointment scheduled for just after Xmas holidays, do you think the border officers would have any issue letting me visit the USA just at christmas time?  after all, I would be just weeks away from my embassy appointment at that point.

 

Thanks to everyone for their comments! 

 

Agne

 

 

   

1.  If you don't visit the US, then the clock hasn't started. 

 

2.  Average is a range.  Some are quicker than others.  Depends on RFEs, USCIS office, etc.

 

3.  Possibly.  What are your strong ties to your home country while you are hanging out in Canada?  You would lack strong ties to your home country, and you can be denied entry into the US.  Happened to a UK poster a few weeks back; she visited on the VWP for the first time and was denied entry and sent back home.  

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8 hours ago, Agne said:

Let me explain my situation more clearly and then maybe everyone can understand.  I applied already and have an application receipt dated Oct 10 , 2018.  It is going through the texas processing center because my husband lived there when we applied but suddenly moved to New York for work a few weeks after we applied (do we need to file a change of his location now with immigration?) 

 

Now my husband lives in upstate new york a few hours from montreal and I coincidentally have my sister living in montreal, so from sept 1 or so I was thinking to go visit my sister in canada on a tourist visa, so that my husband can at least come visit me on weekends until the USA marriage visa comes through.  Therefore:

 

1)  If I stay in canada there is no 90 clock running unless and until I try to enter the USA right? So if I just stay in canada, then Im ok

 

2) I am hearing from some places that it can take 15 months and not 12 months. Are there any clear sources of information on that?  Some of the data in parts of this website are very cryptic and in conversations everyone seems to have a different story.   and someone from taiwan posted their timeline that looked like it took almost 2 years! Is that possible? 

 

3) If I stayed in Canada the whole time but just wanted to visit for Xmas after having been in canada for 4 months, and assuming my visa was still in process or I have an embassy appointment scheduled for just after Xmas holidays, do you think the border officers would have any issue letting me visit the USA just at christmas time?  after all, I would be just weeks away from my embassy appointment at that point.

 

Thanks to everyone for their comments! 

 

Agne

 

 

   

What ties to your home country allow you to spend 4 months in Canada? The same ones you will abandon as soon as you move to the USA?

 

I had A LOT more questions when entering Canada as a tourist than I did entering the USA on a B2.

 

Your plan is very unlikely to work.

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