Is it possible to enter the United States while your I-129F is pending?

[Cube 0]

I am a Canadian citizen, and my fiancee and I have filed our I-129F through our attorney in California this past July. We were notified that our application was received by USCIS July 20, 2007, and they are supposed to get back to us in November about whether our application is approved or not.

We've heard from our attorney that I might be denied entry into the U.S. while this is still pending. When we asked, he said that being a male from a country with a good relationship with the U.S., I shouldn't have problems, but it is still possible to be denied. My fiancee is taking some vacation time around Christmas to come visit me in Canada. October is already halfway over and Christmas is right around the corner, so it won't be detrimental if I can't enter the U.S. to come see her.

Do you have any advice about entering the country in this sort of situation? is it possible to enter the U.S. now, or should we just wait until the status is no longer pending?

[Jasman0717 9]

There have been threads where others have entered but on the other hand there have also been denials. I guess it is kind of a ####### shoot. Maybe you still need to show ties to your own country.

[~Laura and Nick~ 5]

As we have been preparing to file the K-1 for awhile, this is the number one question I get from friends.

"When are you going back down to the states for a visit??"

I have decided not to while this process is going on and just wait until I move there. Not because I'm not allowed but because the permission lands in the hands of the immigration officer. You have to show strong ties to Canada. For example: a job that you will be returning to, bank accounts, etc. but it all comes down to the person allowing you in to the country for the visit. They may turn you around and say "Sorry, no"

I don't want to buy a plane ticket and be denied. If you think you have strong enough ties, go for it.

But don't forget, your spouse to be can visit you any time he/she wants!

Best of Luck

~Laura

P.S. There are many threads pertaining to this question. I find the search bar super helpful for answering questions that have already been asked

Edited October 12, 2007 by ~Laura and Nick~

[lynamon 0]

While my case was pending I travelled by land boarder every week to two weeks (buffalo Peace Bridge) for almost two years and was always completely honest with them .. I always carried my ties to Canada and was not asked to see them once.

[Rob & Jin 0]

I am a Canadian citizen, and my fiancee and I have filed our I-129F through our attorney in California this past July. We were notified that our application was received by USCIS July 20, 2007, and they are supposed to get back to us in November about whether our application is approved or not.

We've heard from our attorney that I might be denied entry into the U.S. while this is still pending. When we asked, he said that being a male from a country with a good relationship with the U.S., I shouldn't have problems, but it is still possible to be denied. My fiancee is taking some vacation time around Christmas to come visit me in Canada. October is already halfway over and Christmas is right around the corner, so it won't be detrimental if I can't enter the U.S. to come see her.

Do you have any advice about entering the country in this sort of situation? is it possible to enter the U.S. now, or should we just wait until the status is no longer pending?

Possible, but not likely from some countries, but Canada maybe

Edited October 12, 2007 by Rob & Jin

[MissStacey 1]

I was denied twice.

I had already given up almost everything I had in Canada and I couldn't show strong enough ties.

It didn't affect getting my visa- I told the guy who interviewed me that I was denied twice because of lack of ties. He giggled, rolled his eyes and said "Yup, that happens often."

[Autumnchik 6]

My then fiance was denied once when we were in the process. The guard said he didn't show enough proof of ties to Canada. However, a month later, he was able to come visit; I guess at that time, he satisfied "proof of ties".

A lot of people have crossed with no problem. However, just remember, it is always a possibility that you will be denied entry. Having a lot of documentation is good (return ticket, apt. lease or mortgage, letter from employer, etc.). I figure one should err on the side of caution and be overprepared!!!

Come check out the Canada forum too, you can read more stories about Can-Am border crossings.

[Misty1979 0]

I've never been denied, but I've been harassed twice and *almost* denied once. As long as you are honest and bring as much proof of evidence of ties to Canada as possible, generally you will be fine.

The last time I entered (a couple weeks ago) the CBP officer actually initially denied me, telling me I wasn't allowed to visit during the visa process, but I politely told him I was sure he was wrong, and showed him a printout from a government website stating I am permitted to visit as long as I can show ties to Canada.

Anyways, I usually bring my whole visa case file (they've only looked at it once so far, and I've crossed 6 times now,) bank statements showing I still have an open bank account in Canada, employment letters on company letterhead stating the time I am planning to be away from work visiting in the US, and the date my employer expects me back, pay stubs, and if you have it, mortgage or rent receipts.

Here is the link to the page I found stating you are generally allowed to visit if you can provide proof of ties. It won't hurt to print it out, since I do believe it is what saved me last time:

http://www.amcits.com/immigration_usa_relative.asp

(It's at the very bottom of the page.)

Edited October 12, 2007 by Misty1979