Visiting USA after getting laid off while applying for CR1

[RCable 75]

Sorry if this is a bit long winded...Quick background - we just sent off the petition for my Canadian Husband last week, so we just started the process.

 

My husband was recently laid off due to restructuring of his company. He's in the process of looking for work, but the economy isn't great where he is so it might take a while. In the meantime, he is planning on applying for EI (employment insurance) on the 28th when his current job ends. He called EI and since it can take up to a month to process (and he won't be able to visit ones he's on it), he decided he is going to fly down to visit me for 2-4 weeks. EI said this would be fine, as long as he's back once it gets processed and he starts getting EI money. 

 

Now my worry is, without a job, what should he bring with him as proof that he's going back to Canada? He is going to bring his mortgage & car finance paperwork down to show he has monetary ties to the country. He also has some important medical appointments booked for this summer in Canada. And he has plenty of money in savings to support his trip down here. 

I don't know how to prove that he last to continue to stay in Canada in order to receive payments from EI while he looks for work. We only just sent off the I-130 petition, so we have a long wait ahead of us still. Any suggestions on what he can bring with him to prove ties to Canada?

And a side note, does this qualify us to request an expedite for his financial hardship? I know they're hard to get, just wondering if it's worth trying. 

Thanks for any advice! 

[DGF 730]

Here is a list that CBP gives to people denied for not having sufficient proof of ties: https://help.cbp.gov/ci/fattach/get/46680/0/filename/Intentions+and+Ties.pdf

Having a mortgage is an excellent tie for him to have but he should also carry as many of the items on the list as he can. I am technically unemployed (doing remote work for free to get experience in a new field - not a good tie!) and am living with my parents while I wait for my visa, so I have very weak proof and have not had any issues so far. I have admittedly never been asked to show my ties, but I carry with me my return ticket, invoices from the coworking space that I work from, bank statements, my most recent phone bill, my most recent tax return, proof of future trips/events/appointments that require me to be in Canada, and phone numbers for my parents (so they can confirm that I live with them and they are expecting me back) and my husband (so he can confirm that I am visiting him). 

As for the expedite, you can try but generally you have to prove that the hardship is on the USC. There is no impact on your case if you request an expedite and it is denied. 

[pm_1234 18]

5 hours ago, RCable said:

Sorry if this is a bit long winded...Quick background - we just sent off the petition for my Canadian Husband last week, so we just started the process.

 

My husband was recently laid off due to restructuring of his company. He's in the process of looking for work, but the economy isn't great where he is so it might take a while. In the meantime, he is planning on applying for EI (employment insurance) on the 28th when his current job ends. He called EI and since it can take up to a month to process (and he won't be able to visit ones he's on it), he decided he is going to fly down to visit me for 2-4 weeks. EI said this would be fine, as long as he's back once it gets processed and he starts getting EI money. 

 

Now my worry is, without a job, what should he bring with him as proof that he's going back to Canada? He is going to bring his mortgage & car finance paperwork down to show he has monetary ties to the country. He also has some important medical appointments booked for this summer in Canada. And he has plenty of money in savings to support his trip down here. 

I don't know how to prove that he last to continue to stay in Canada in order to receive payments from EI while he looks for work. We only just sent off the I-130 petition, so we have a long wait ahead of us still. Any suggestions on what he can bring with him to prove ties to Canada?

And a side note, does this qualify us to request an expedite for his financial hardship? I know they're hard to get, just wondering if it's worth trying. 

Thanks for any advice! 

My husband crossed the Canadian border (airport) two weeks ago for a 3 day trip and the officer at the border did not ask him a single question! I was so worried that they get picky about his trip and he had his house and car papers as well as a letter drafted by our lawyer. However, none of these came to use! So, I think you shouldn't worry so much. It will be fine.

[RCable 75]

7 minutes ago, DGF said:

Here is a list that CBP gives to people denied for not having sufficient proof of ties: https://help.cbp.gov/ci/fattach/get/46680/0/filename/Intentions+and+Ties.pdf

Having a mortgage is an excellent tie for him to have but he should also carry as many of the items on the list as he can. I am technically unemployed (doing remote work for free to get experience in a new field - not a good tie!) and am living with my parents while I wait for my visa, so I have very weak proof and have not had any issues so far. I have admittedly never been asked to show my ties, but I carry with me my return ticket, invoices from the coworking space that I work from, bank statements, my most recent phone bill, my most recent tax return, proof of future trips/events/appointments that require me to be in Canada, and phone numbers for my parents (so they can confirm that I live with them and they are expecting me back) and my husband (so he can confirm that I am visiting him). 

As for the expedite, you can try but generally you have to prove that the hardship is on the USC. There is no impact on your case if you request an expedite and it is denied. 

Thank you so much! That is incredibly helpful and makes me feel better knowing that you are also from Canada and haven't had issues coming to the States. I know it's different for everyone, but it gives me a piece of mind. I'm going to send him that list now!

[RCable 75]

5 minutes ago, Parisa_1234 said:

My husband crossed the Canadian border (airport) two weeks ago for a 3 day trip and the officer at the border did not ask him a single question! I was so worried that they get picky about his trip and he had his house and car papers as well as a letter drafted by our lawyer. However, none of these came to use! So, I think you shouldn't worry so much. It will be fine.

Thank you for this! I'm starting to feel a lot better. I've been losing sleep over this! I was worried that him saying "I'm visiting my wife" would raise so much concern. Though, when I left Canada last time they said to me "You only stayed for a month, you can stay for up to 6 you know, if you want to visit your husband longer". I thought it was weird but I told him that "We have to start that whole visa process!" And even when I went to Canada to get married, they just congratulated me and waived me through, no further questions. Maybe if you have a strong track record of "leaving the country" they aren't so concerned. Especially between Canada & US? 

[DGF 730]

3 minutes ago, RCable said:

Thank you so much! That is incredibly helpful and makes me feel better knowing that you are also from Canada and haven't had issues coming to the States. I know it's different for everyone, but it gives me a piece of mind. I'm going to send him that list now!

I forgot to mention I also carry my NOA1 with me, just to show we are doing everything legally  Once we get the NOA2 I will carry that with me as well.

[RCable 75]

1 minute ago, DGF said:

I forgot to mention I also carry my NOA1 with me, just to show we are doing everything legally  Once we get the NOA2 I will carry that with me as well.

Great idea, thanks! The NOA1 will be mailed to me, but maybe I can send him a copy before he flies down. 

[pm_1234 18]

36 minutes ago, RCable said:

Thank you for this! I'm starting to feel a lot better. I've been losing sleep over this! I was worried that him saying "I'm visiting my wife" would raise so much concern. Though, when I left Canada last time they said to me "You only stayed for a month, you can stay for up to 6 you know, if you want to visit your husband longer". I thought it was weird but I told him that "We have to start that whole visa process!" And even when I went to Canada to get married, they just congratulated me and waived me through, no further questions. Maybe if you have a strong track record of "leaving the country" they aren't so concerned. Especially between Canada & US? 

That is true. Travel history is important if you travelled frequently before without trouble then they probably take things easier. Also, our lawyer told us he can mention (if asked) his visa application is consular processing and therefore, he must leave the country for the interview and completing the visa application.