acidrain

On 8/16/2017 at 9:47 PM, JDCT said:

 

Just thought I’d share my story of trying to visit the US.  My wife (USC and Permanent Resident of Canada) and I (Canadian) recently mailed the AOS and IV Package to NVC and were planning on importing our truck (in her name) to the US.  She moved back to the US to begin establishing domicile last month.  She flew back to Canada a few days ago to import the truck so she could use it in the States.  

 

Part of the process of proving domicile was us selling our house here in Canada, shipping our belongings, and basically cutting most ties here in Canada.  While she begins establishing domicile, I will be staying with my parents in Canada until I get a green card.

 

The problem was at border where I was refused entry, while she tried importing the truck (Looking back that was a stupid thing to do). This border guard was the most unkind and rude being I had ever met, and would not listen to our case.  He basically warned me that if I didn’t have proper ties to Canada that I wouldn’t be allowed into the US (the only proof I had was a return plane ticket, and he did not even look at that).   I’ll admit that since I have no mortgage, lease, or utilities bill anymore it may seem like I’m trying to leave Canada before i get a GC, which is not the case.  

 

I’m not sure if my passport has been flagged or if this hinders the green card process, or maybe we just got the wrong border guard?  Has anyone been through a similar situation?  I would still like to visit as the process after AOS/IV seems to take several months, and I do not want to be away from the wife and kid for that long.

 

Would signing a lease agreement with my parents to rent out their basement suite, and getting a letter of employment help?  We were also looking at visitor visas (B-2’s) but as a Canadian citizen, I know I am allowed to visit for 6 months out of the year without one.  I was hoping to try a different port of entry next week with the aforementioned paperwork in hopes they let me in to visit.  

I am a Canadian citizen married to a USC and had a very similar situation this past year. If you go back a few threads you can read about my story in detail as to how I was able to enter the US after a Section 212 7a denial.

My spouse and I showed up to the border with a U-haul in Jan to try to adjust status. Needless to say I was "processed" and you would know if you were if you had your fingerprints and photo taken. There will be extensive notes stating exactly what took place during your denial. In my case I was put on the special screening list (SSSS) meaning every time I enter the US I have to report to secondary. I was told the exact same thing during my denial that I must have strong ties to the US otherwise I will not be allowed through. I checked in with our lawyer along with several airports and land crossings to ensure I was not doing anything wrong by visiting my spouse. I got an extremely rude Supervisor at the land crossing where I got denied. He clearly does not know the rules that a pending i130 does not invalidate a persons ability to enter on a visitors visa (B-2 which is what Canadians get stamped when we cross the border).

As others had suggested I put together a huge binder of documents with everything I could think of to prove I'd be coming back to Canada. Ultimately I made the decision not to re-enter the crossing that I was denied at. It sucks because it's only an hour and a half drive from my house and instead of taking one flight I have to take two.

I went through quite the extensive ordeal at YVR when I went to visit my spouse. The interview was lengthy but I was praised by the border guard for having my documents organized. I wrote a declaration stating I would not adjust status and have no intention to immigrate on the trip. My lawyer signed off on the letter. I showed appointments, Facebook correspondence with friends showing future plans, return ticket, lease agreement, photos of the inside of my place and storage, agreements, car lease, phone records, payment for my tuition and verification of courses I'm taking, a letter from my son's daycare along with the child care subsidy I receive, financial records showing rental and utility payments, credit card statement, our post office box, a list of names, phone numbers and locations of my close friends and family in case they wanted to call, letter of employment for my spouse showing his full time employment in the US, correspondence with our lawyer showing we are doing things legally, a copy of our full immigration application. I made sure to include my landlords phone number in case they wanted to get in touch with them to verify anything.

I have been told by everyone a section 212 denial does not hinder the green card process at all. Honestly, I didn't even hold my breath after what happened I'd be allowed through. I am planning on visiting the US next week and have the same attitude I may get turned around and sent back home. My best advice is to make sure you allow yourself enough time at customs to go through everything. I had a 2 1/2 hour layover and I barely made my flight. So this time I have a 4-5 hour layover, Our bags did not make it on the plane last time as they had to take them off to search them. Make sure to travel light and be honest about everything. I was told to keep visits to 1-2 weeks maximum. Our lawyer said the more visits I go and come back from the less scrutiny I will face in the future. Having a job is the strongest tie you have so providing a letter or any correspondence showing conferences or work functions in the future would help.

It is ultimately up to the border agent you see as to whether they believe you are coming back to Canada. I approached my situation like a Judy Judy episode. Try to present as much evidence as you can that you have reasons to come home. I'd like to think most agents are reasonable people and if presented with reasonable proof will allow you through. But there are a few agents out there that are skeptical about everyone. I will post an update next week as to what the outcome is on visiting the US again.

12 hours ago, Liz92 said:

Hmm... when i looked today Nebraska said Nov 26, 2016. Where did you get Dec 13 from? Just curious in case mine isn't refreshing properly.

On the USCIS processing times page it shows as of June 30, 2017 they were processing files from Nov 26, 2017. They are usually a month or two behind.

If you fill out a timeline with your NOA1 it will give you an estimation as to when you will receive your NOA2. Visa Journey has estimated timelines based on today's date as everyone updates the information on their cases.

There is a tab at the top of this page you click on that says "Processing Cases": http://www.visajourney.com/content/times/

9 hours ago, Dianalorena said:

 

It makes absolutely no sense that they're choosing not to divide the workload. They even have the audacity of having it written down on the website ''occasionally we transfer cases so we can process in a timely manner'' or some bull like that. apparently, us falling 3-4 months behind other centers isn't a big deal, not worthy of transfers.  

 

It baffles me that they basically tanked the K3 which allowed couples to be together during the NVC part due to the process taking multiple years, because they thought it wasn't necessary anymore  and things were working great. With current trends we're lucky if we get to be approved by the end of he year like you mentioned, followed by a good chunk of 2018. 

 You'd think they would try to ''expedite'' the NVC stage for those of us who are already way over the normal processing time, be fair after we've seen how many people have jumped our priority dates, gotten approvals and are even reunited with their loves ones. But we know that's not the case.

 

 

 

I hope you ask your consulate as I intend on doing for the earliest possible interview date based on the fact you had to wait longer. It doesn't hurt to ask.

I agree the K3 should be processed at consulates abroad in a timely fashion. It is not reasonable being separated from your spouse and or children for 12-18 months. I know I've ranted about K1 Visa's on a different thread. I'm appalled someone who has never met their boyfriend can get a Visa to enter the US for 90 days but I'm lucky if I get permission to cross the border for 12 days every couple of months. I know in your case and many others you don't even have that option. Apparently the more years you've been together the more it will be used against you. You'd think common sense would dictate the fact people who have been together longer are more likely to WANT to follow the rules. Instead people with questionable motives get tossed a K1 Visa and told hey you can come to the US for 90 days no problem! If the person marries and gets divorced you can stay! What this tells me is the US immigration system is more interested in keeping couples who have no ties together and couples who have been married for years apart. This process makes me and everyone else I talk to shake their heads. It is just unbelievable.

What irritates me the most is how someone who applied in Feb who got assigned Nebraska will be approved the same time as someone who got assigned Vermont in May! Nebraska is behind Texas by 2 months and now 3 months with Potomac and Vermont. I'd like an explanation as to what the heck happened to California. Do they not process i130's anymore? The processing times between centers isn't even close!

When looking back at threads from 2013 when NSC went through the same ordeal there were mass transfers to other service centers. This just tells me that whoever is charge of USCIS now either does not have a clue or does not care.

I feel like everyone else who got a different service center from Nebraska won the i130 sweepstakes.

If this were a competition this is how it plays out:

#1 - Vermont - March 14, 2017 - how is it that they can be 3 months ahead of Nebraska and not have files transferred to balance workload?

#2 - Potomac - Not sure of accurate time as Visa Journey has it listed as Oct 24, 2016 but the USCIS page has them processing at Jan 1, 2017 as of May 31. They are likely into March - again why isn't Potomac getting transfers if they are ahead by 3 months?

#3 - Texas - Feb 11, 2017 - Nearly 2 months ahead of Nebraska - again why isn't Texas getting transfers?

#4 - California - Jan 27, 2017 - What the heck happened to all their i130's??? If you take a look at the USCIS processing times page they no longer list i130!! Does this mean USCIS (aka useless) decided to cut out 1 service center out of i130 processing? Do they plan on replacing this service center with another or hiring more people for the backlog?

#5 - Nebraska - Dec 13, 2016 - There are still Nov filers getting processed and every month we are lucky if 15 days of files are going through. USCIS claims i130 petitions are supposed to be processed within 9 months max. At this rate we are all going to be lucky if we get our applications processed by the end of 2017.

If the USCIS processing times page is correct they processed Nov 26, 2017 i130's as of June 30. Visa Journey says today they are processing i130s from Dec 13, 2017. That suggests that in 30 working days (not total days) they have only processed 17 days worth of applications. They are clearly not keeping up with their workload.

There is an obvious solution to the problem but yet nobody in USCIS (useless) wants to deal with it.

If anyone speaks with their Congressperson the people in charge of USCIS need to figure out a solution before the problem gets any worse.

I've waited 6 months so far with no end in sight. A few years back we were able to apply at our consulate abroad and the i130 took 2 months (we never completed). But they've hiked the fees and the people who work at the NSC are incredibly rude. This whole process is ridiculous. There is something wrong when I am forced to be separated from my spouse who I've been married to for almost a decade. But if you've never met your boyfriend you can get a K-1 Visa and enter the US for 90 days. My spouse and I joked how we should just get a divorce and file K-1 so we aren't separated. The scary part is by the end of this process it wouldn't take that much longer.

I'm a Feb filer and my frustration is increasing by the day.

I feel like everyone else who got different service centers won the i130 sweepstakes.

If this were a competition this is how it plays out:

#1 - Vermont - March 14, 2017 - how is it that they can be 3 months ahead of Nebraska and not have any of our files transferred?

#2 - Potomac - Not sure of accurate time as Visa Journey has it listed as Oct 24, 2016 but the USCIS page has them processing at Jan 1, 2017 as of May 31. They are likely into March - again why isn't Potomac getting transfers if they are ahead by 3 months?

#3 - Texas - Feb 11, 2017 - Nearly 2 months ahead of Nebraska - again why isn't Texas getting transfers?

#4 - California - Jan 27, 2017 - What the heck happened to all their i130's??? If you take a look at the USCIS processing times page they no longer list i130!! Does this mean USCIS (aka useless) decided to cut out 1 service center out of i130 processing? Do they plan on replacing this service center with another or hiring more people for the backlog?

#5 - Nebraska - Dec 13, 2016 - There are still Nov filers getting processed and every month we are lucky if 15 days of files are going through. USCIS claims i130 petitions are supposed to be processed within 9 months max. At this rate we are all going to be lucky if we get our applications processed by the end of 2017.

If the USCIS processing times page is correct they processed Nov 26, 2017 i130's as of June 30. Visa Journey says today they are processing i130s from Dec 13, 2017. That suggests that in 30 working days (not total days) they have only processed 17 days worth of applications. They are clearly not keeping up with their workload.

There is an obvious solution to the problem but yet nobody in USCIS (useless) wants to deal with it.

I feel like everyone else who got different service centers won the i130 sweepstakes.

If this were a competition this is how it plays out:

#1 - Vermont - March 14, 2017 - how is it that they can be 3 months ahead and not have any of our files transferred?

#2 - Potomac - Not sure of accurate time as Visa Journey has it listed as Oct 24, 2016 but the USCIS page has them processing at Jan 1, 2017 as of May 31. They are likely into March - again why isn't Potomac getting transfers if they are ahead by 3 months?

#3 - Texas - Feb 11, 2017 - Nearly 2 months ahead of Nebraska - again why isn't Texas getting transfers?

#4 - California - Jan 27, 2017 - What the heck happened to all their i130's??? If you take a look at the USCIS processing times page they no longer list i130!! Does this mean USCIS (aka useless) decided to cut out 1 service center out of i130 processing? Do they plan on replacing this service center with another or hiring more people for the backlog?

#5 - Nebraska - Dec 13, 2016 - There are still Nov filers getting processed and every month we are lucky if 15 days of files are going through. USCIS claims i130 petitions are supposed to be processed within 9 months max. At this rate we are all going to be lucky if we get our applications processed by the end of 2017.

If the USCIS processing times page is correct they processed Nov 26, 2017 i130's as of June 30. Visa Journey says today they are processing i130s from Dec 13, 2017. That suggests that in 30 working days (not total days) they have only processed 17 days worth of applications. They are clearly not keeping up with their workload.

There is an obvious solution to the problem but yet nobody in USCIS (useless) wants to deal with it.

56 minutes ago, Silwightman said:

Yes and quite sure both are right, on december I said husband and I was soo question, disrespect etc, it sucked, what it hurt the most was it was a fellow latina girl, she was really mean, but hey i have my Job here, I have the return ticket, so she cant keep me, last time in june they barely ask anything, I have my certificate from work, my return ticket(they didnt ask for either), and Again it was in MSY they  are nice, respectful,  Houston/Hobby is hell.  If I visit at the end of the year, yes I will have to say the true like in december, but for sure will enter MSY

I'd be really careful in your situation because it sounds like they know you've filed a i130. Once your pulled into secondary and asked about an immigration petition there will be a lot of notes on your file. 

I'm on the special screening list (SSSS) as I was processed back in Jan for a section 212 7a (intent to immigrate). I was told once your flagged you are asked to go to secondary every time you enter the US (lucky me). It doesn't sound like this has happened to you which is extremely fortunate.

I'm sure your aware to bring all ties and any proof to convince the officer you will return. I didn't hold my breath they'd even let me through knowing my file was flagged. But they did after a very lengthy and intense interview. I had copies of Facebook messages talking about getting together with people when I returned, medical and dental appointments, everything I could think of to show I'd come back. From my experience I found the more upfront and honest I was, the more the officer was willing to help. I brought a copy of all my correspondence with our lawyer along with a complete copy of our i130. I watch the show Border Security religiously (for both Canada and the US) and the minute they catch you in a lie, they assume you are lying about everything. You obviously want the person to root for you but it's tough if it looks like your trying to hide something.

3 hours ago, scarlett262004 said:

181 days now. I know it won't be till October but I wish it would be a faster process. I hate Nebraska. I'm happy for the other people at the different service centers but it's hard to see people with the same pd get approved already while I still probably have another 2 months to go. 

Some of the other processing centers are getting close to 3 months ahead which is just totally ridiculous. Whoever is in charge of USCIS (aka useless) should have some degree of common sense and redistribute the workload to other service centers. That's how it was done in the past. My PD is almost the same as yours and I can't believe we've waited 6 months and do not have a clue as to when our i130 will be approved. The people who work at NSC are very rude and it's been a nightmare to deal with that place.

I miss the days i130's were processed at consulates abroad. This "centralized" system has done nothing but make people wait longer but yet USCIS charges more in fees. What are we paying for again? Oh right. The wages of the workers at Nebraska who treat everyone poorly who simply ask why this is taking so long.

Both Canadians and Americans are absolutely shocked at our experience. Why it takes 8-9 MONTHS for someone at NSC to look at our petition to confirm I can be sponsored is mind boggling. But hey you can stay in the US up to 90 days if you just met your spouse online and got a fiance visa. Can you tell I'm bitter? The US immigration system is totally backwards. The more years you've been together the worse off you are treated. My spouse and I joked with each other about getting a divorce and entering on a fiance Visa so we could be reunited. You the know the scary thing is it really wouldn't take THAT much longer lol.

Here is to hoping the border will give me permission to cross next week so I can visit my spouse for a week and a half.

Wow. The process took TWO YEARS for you? I can honestly say my heart goes out to you. It's rare to find other couples who have been together as long as you have. Obviously if you've been together for 10 years there is very little chance your intent was to get into the US.

I totally understand the fiance Visa is met with higher scrutiny and it is the start to a lengthy process. I know once I get my green card I will legally be allowed to work, live and apply for citizenship in 3 years. It's the separation that bothers me the most. It's just my opinion but if the US government trusts people coming in on a fiance Visa why can't they trust people who applied for IR1/IR2? I don't have any evidence to back this up but wouldn't the chance of marriage fraud be LOWER the longer two spouses have been together?

I'm guessing relationships that start out apart would have a higher chance of breaking up. We waited 2 years before we got engaged. It was 2 1/2 years before we got married. I had no idea until I watched the show 90 day fiance that if someone gets a divorce they may still be able to stay in the US. Some of the threads have been surprising to hear stories of foreign spouses not wanting to have sex or threatening to go to the police and claim abuse if they annul the marriage. I'm obviously not tarnishing everyone with the same brush and realize not everybody is trying to use their spouse for a green card.

A few years back i130's were processed in consulates abroad and we did just that. I got approved in 2 months but never finalized the process. We weren't willing to take the plunge to move countries at that point. Unfortunately the Canadian embassy shreds the file after a couple of years so we had to start over. If the process took 6 months which is the length of time we've waited so far we could live with that. But a year or more (especially in your case) just seems ridiculous. My spouse has missed milestones of his 4 year old son's life like preschool graduation and will miss his first day at Kindergarten. The stress for me is not knowing whether the border will let me cross every time I try to visit. I have to prove beyond a reasonable doubt I will come back in a couple of weeks while fiances are allowed to enter for 90 days to try to figure out whether the relationship is even going to work out.

I don't believe pending immigrant Visa's show up in the border agent's computer. They have no access to immigration files. From what I understand it is how people answer questions as to how it raises a flag. For instance they will ask the purpose of your trip. If you answer "I'm going to visit my girlfriend/boyfriend/fiance/partner/etc" it may set off a flag for the border to question you further. Other people will answer "getting away for the weekend or going on vacation" which would more than likely not raise anymore questions. However, border agents look at patterns and the more trips one takes the more questions it will likely raise. Mainly cause the average person goes on 1-2 vacations a year and if a person is crossing the border every other week or every other month it raises suspicion. Like what are they doing here?

From watching Border Security religiously and from my own experience it's best to be honest so it does not appear you are trying to hide anything. A pending immigration Visa does not make a person inadmissible to the US (although I had one border supervisor claim that it did) so if you have solid ties (job, home or lease) you should have no problem. I was told if you have a solid history of coming and going to the US without incident, that also helps your case should you need to prove your coming back. Make sure to bring a copy of your ties to Canada if you should ever cross the border. As explained in a previous post I went through my complete binder with a border agent and explained in detail why I was coming back. Most agents are reasonable people and if presented with reasonable information you will have no problem. But every POE has grumpy and cynical agents and one can only hope you never encounter any of them.

10 hours ago, POA said:

First of, not all using fiance visa met on websites and they do pay and wait for a specific visa that is use to be allowed legally in the US for 90 days with the intention was to immigrate. However, I do agree with you for the spouses. There are people who doesn't want to move here and just want to go meet the family or stay for extended of time but no intention to stay for good. There should be a separate visa for those spouses or family members and yes A YEAR is too long of a process. But of course, we can never fully understand why they want things the way they are.

I think you are missing the point. Right now I'm stuck in NSC waiting for my i130 to be approved because someone has to validate my relationship is real. Just the i130 alone is expected to take 8-9 months. Anybody with any degree of common sense knows after almost a decade of being married, having a child and entering the US dozens of times, I have no intention of immigrating illegally. But yet I have to wait longer to be reunited with my spouse and at no point am I allowed to enter for 90 days like a fiance. I'm lucky if the border allows 2 week visits!

No, not everyone meets online but I've seen plenty of stories where people have said they have only seen their fiance a handful of times (some even once or twice). But yet they have more of a right to enter the US legally than I do? I come from one of the lowest risk countries. I really had no idea just how backwards the system was until I started watching the show 90 day fiance. I just sat there shaking my head all these people who clearly don't even know whether they are marrying the US citizen. They get to enter the US and here I am having to wait out the immigration process abroad. It's just unbelievable.

I don't understand the logic of US immigration. I've been together with my husband for 12 years and married for 9 1/2 years (we also have a 4 year old son). By the time I get my green card I will be married 10 years. People from Canada and the US are just shocked, absolutely shocked when I tell them I can only go to visit my spouse 1-2 weeks at a time IF I AM LUCKY if I can prove ties. The fact that a IR1/IR2 would take the better part of a YEAR to process is ridiculous. But yet if I had just met my spouse on some website and had questionable intentions I would be allowed to legally enter the US on a promise to marry in 90 days. It's just unbelievable. I've learned from this process the more genuine your relationship is, the more it works against you. I had a border agent tell me because my relationship is real makes it a higher probability I won't return home. I could rant about this for hours. They really need to find a better system or temporary visa for spouses who can legally enter the US and adjust status. As for the cost of all this it is costing our family to run two households. Without question I'd be willing to pay an extra $10,000 if it meant speeding up the process because being separated and all our expenses well exceed that. Don't even get me started on how I have to disclose all my personal information to the IRS on my spouse's taxes. The cheque to pay the accountant to do taxes comes from our joint account. Or the fact I gave birth to a son who has citizenship rights (I was told my son can go live in the US but I can't). Or the fact I have a close relationship to my in laws who live in the US. None of it matters. The process is totally backwards and I hope someone with common sense changes it.

As crazy as this sounds my spouse even asked me "do you think you would get here faster if we divorced and got re-married". The really crazy part is, it wouldn't actually take all that much longer.

Keep the faith everyone! I'm just as frustrated as the rest of you stuck in Nebraska. I can't believe how slow and rude NSC is!

I saw on another thread the person who was approved from the Phillipines had a medical expedite. It didn't sound like it went through the first time either. I was panicked when I saw that too but I feel a little better knowing they had a valid reason for getting ahead of the line.

I wish this center would re-distribute their workload as the other centers are picking up steam. It's not fair to pay the same fee and people who get processed in Potomac get their Visa 3 months sooner. I wish the consulates would address this issue and bump appointments for those who had to wait longer for their i130 to get approved.

My situation is probably one of the more extreme cases. I wish we had consulted with an immigration attorney from the beginning. I was naive to think crossing the border with a U-haul worth of belongings was legal. After all we are constantly told Canadians can visit the US for up to 6 months no problem.

Along with being flagged for secondary inspection we got the worst processing center (Nebraska). Normally my i130 should be approved as it's been almost 6 months already. However, because I'm stuck in Nebraska I'm looking at more like 8 months. Then there is NVC and consulate processing. I'd say a year from start to finish is pretty average and at this point it might take us longer.

You have my full sympathy for what your wife has to go through in reporting to secondary every time she comes to Canada. Once you are flagged they told me you are flagged until the process is complete. My spouse and I get pretty worked up over the rules and having to be separated. We've been married almost 10 years and together over 12 years. We have a son and it's obvious to even the people at the border I did not marry my husband to get a green card. I also cannot send my son on a plane to visit my spouse because he's 4 years old.

You could look into adjusting status but those cases are starting to get looked at with heavier scrutiny. I'd highly recommend consulting with an experienced immigration attorney if you consider this. I wish I had done things a lot smarter from the start and now we're paying the price.

Why on earth there isn't a temporary visa like the K-3 or something similar for low fraud countries is absolutely ridiculous. I've traveled to and from the US hundreds of times and have never once overstayed. My spouse is dual so we've lived in Canada up until this past year. It's stupid to keep families apart and put a huge strain on a marriage. Then to add more stress not knowing whether you can even see your spouse in the year it takes to get the visa. I can tell you from talking with Canadians and Americans alike nobody agrees with the process.

I think the part that has been the most shocking is how much this is costing us. Having to rent a place in Canada and rent a place in the US to establish domicile is not cheap. All the airfare going back and forth for visits isn't cheap either. I was told if my spouse stayed in Canada and continued to work here I probably would be denied a green card because of his lack of ties to the US. It's pretty backwards how the sponsor has to establish ties in the US while the spouse has to have firm ties in Canada. I wish you the best of luck as this process is not easy. I have found support through these forums has helped a lot.

Every persons circumstances are different but will share you some history about myself. I tried to cross the border last Jan and adjust status but was turned around at a land crossing and told to complete the IR1 process abroad. I've been told immigration is moving toward a more strict process of approving AOS cases so you are correct in saying the CR1 process would be a much safer option. As bad as it was to get turned around at the border with no home to go back to, the border agent told me by doing everything right will ensure I get my green card.

What you ask is a good question and I've been in contact with a lawyer. I'm flagged in the system because I was processed. So every time I cross the border I must report to secondary to get permission to enter. I must prove ties and it sounds like you are well versed to know what that means. In your case you do not have any flags so there is a good chance if you were to cross the border you will not be asked many questions at all.

The cookie cut answer is if you are traveling for more than 1-2 weeks it may raise questions at the border. Quite frankly how many people can realistically blow off their life for more than a couple weeks? I asked our lawyer recently about your exact question and he said not to do it. If you lie and say your going on vacation for 6 months suggests you are coming back. If you are truthful in saying your spouse filed to sponsor you I can almost guarantee they will not allow you to stay because you'd be living there. In fact they may be apprehensive about allowing you to enter at all as they are extremely paranoid about whether you will ever come back.

I was told do not lie to the border agent and be completely truthful for the parameters of the trip. It's of course always possible you could get a nice border agent who could care less what you are doing. However, from my experience if they have any indication you are looking to immigrate they will treat you differently.

The key from my own experience is to prove absolute ties to Canada. It is difficult to do this if a person suggests they are leaving for a long period of time. I was also told you are supposed to spend more time outside the US than inside. Otherwise you are technically living in the US which is not allowed during the process. Generally if you spend 3 months in the US you'd be expected to spend at least 3 months or more outside the US before re-entering. Again, there are variables such as whether the border knows your immigration intent. But obviously the more you travel the more questions get asked.

It's been a difficult experience for my spouse, son and I during this process to be separated. Nobody in Canada or the US we talk to can believe how ridiculous the rules are. However, I've heard there are a lot of changes to immigration coming down the pipeline. I've been told repeatedly by my lawyer to not do anything to compromise the process.

5 hours ago, GabiMatch said:

I can't help but wonder about your consideration on the government and it's effect on USCIS processing time...assuming that you're right, they must have not been working much since last year, because if the cases that are been processed now are cases that where sent in January/February (6 months ago) what did they processed in January and February? You really think that the processing time took a great change because of the government that started exactly when the cases been processed where received?

 

PS. Your Lawyer "who is a retired federal judge with over 60 years of experience" is "seriously considering retiring"...you lost me here!!!

How old is he?

What a man still working so close to or already in his 90's! (Considering that he is not retired just yet).

Since the election processing times have come to a crawl especially in the Nebraska office. The backlog is getting worse every week. From looking at past threads if the backlog was extreme it was dealt with. I haven't seen any evidence USCIS is dealing with anything. Please correct me if I'm wrong because I'd love something to feel positive about. Have you tried to get in touch with a political office since Trump took office regarding immigration? It's an absolute nightmare. They will give you a generic answer (e.g. your within normal processing times) just to get rid of you. Trump's pick for the head of USCIS believes there should be more restrictions on immigration. What better way than slowing the entire system down? I am merely coming up with a theory. I really hope I'm wrong because nothing would make me happier than having my i130 approved.

Yes my lawyer is a retired federal judge who still practices law on a part time basis. I know many people who don't fully retire because they are passionate about what they do. There are studies that show when people stop working they are more likely to die. Work keeps the body and mind active. My father in law who is an American citizen built houses in his 70's and helped with our home renovations in his 90's. Just because a person is old does not mean they are incapable of working. They just might have some limitations.

30 minutes ago, PedroDaGr8 said:

Back logs happen often around fee changes. Fee's went up at the end of Dec. 2016. You will see a glut of applicants racing to beat the fee increase, this causes backlogs like you are seeing now. 

It has nothing to do with the political environment or anything like that. Trump hasn't had enough time to really affect the Immigration process itself that much, short of his hamfisted block attempts at certain nationalities and regions.  

I beg to differ. My lawyer who is a retired federal judge with over 60 years of experience was shocked at the level of disrespect the Nebraska office has. He asked a question about my file and the remarks he got were disturbing and the person hung up the phone on him! He's shared other cases which I won't get into detail here. But our lawyer himself said the tone has completely changed since Trump took office. He's seriously considering retiring he is so fed up with everything. Normally a case such as ours should've been handled differently but the entire system is chaos. You can't complain to anyone because who really cares? The political offices are inundated with inquiries not only from people such as us but people being deported. There is typically only one immigration case worker at a political office and unless your like that baby in the UK that seems to have gotten Trumps attention to get a green card, your out of luck.

After checking out my time line today we are almost at NINE months to get an i130 approval. You'd think there would be someone competent enough just like there has been in the past to go "wow all the other service centers are close to 2-3 months ahead of Nebraska, let's transfer files to level the playing field out". I can only imagine the people Trump hired to oversee USCIS.

16 minutes ago, MartinTWD said:

Wouldn't they have told me my file was being flagged on my last visit? I also never gave them any reason to think I was intending to immigrate. I answered all their questions honestly, the officer looked at my travel record and saw I've made several visits and returned home every time. when asked if I intended to marry my SO, I told him we were planning on filing for the K1-Visa. he went through my phone, called my SO, searched my luggage and sent me on my way.

 

I was unemployed on my last visit, which was March. I've been on disability for over a year. attending doctors, hospitals etc. when asked if I had a job, I said no. he didn't question me any further as to why I didn't have a job. the only proof he asked for was the return flight home, which was enough for him. but I'm sure every officer you come across is different.

 

I was originally going to stay for 2 weeks, like my last visit. but when she got the bad news, I wanted to stay for as long as I could. 

I was never told my file was going to be flagged but I wasn't surprised to find out it was. When you are pulled into secondary and questioned there is going to be a record of whatever transpired during that interrogation. It's up to the officer that talked to you whether he or she feels it is necessary for you to "check in" with secondary each time you travel. When you cross the border next it will show at the very least you were told to go to secondary the last time you traveled. Perhaps you will have convinced the officer you are no problem in the future. I can only give you my opinion. From judging people's experiences the minute customs knows you are in a relationship with a USC, the border tends to get a little paranoid.

It really depends on who you get. You can go through the same border and have no issues than come across someone who thinks everyone is trying to sneak in. It's always advisable to have proof of ties and reasons you will go home. The more visits you make the more scrutiny you will face. I was told the more time you spend in the US the more you are looked at is living there. I try to treat my trips just like I am a tourist. I tend to be extremely cautious because I want to be successful crossing. My spouse and I have talked to border agents at Vancouver Int'l, Seattle Int'l, Las Vegas Int'l and land crossings to get a feel of the protocol. Everyone says the same thing. It all comes down to whether the person believes you are being truthful and whether they believe you will go home when you say you will.

Greetings my fellow Canadians. We applied for IR1/IR2 and our i130 is stuck in Nebraska. I'm starting to feel panicked too because every time I look at our estimated i130 completion date it gets pushed further and further back. I was hopeful it would've been approved by now (5 months) but it is starting to look like I should feel happy if it's approved by the end of the year!

I have no concrete answers. The only theory I can come up with is the fact there is a political environment which is anti-immigrant and it's given permission to the 5 service centers to work whenever they feel like. I mean really what is their consequence if it takes everyone longer? Reading previous threads from years ago it's common for back logs to happen. But 9 months for a i130 to get approved? That's ridiculous. I think the most frustrating part is there is nobody to complain to. Then what happens is everybody (rightfully so) starts to call in to the service centers and political offices taking up further resources. I'm happy when people get expedited but a part of me wonders if all those people are going to be making me wait even longer.

The part that drives me crazy is the fact our application fees pay the salaries of all these workers. I know if a private business were this ineffective the place would go bankrupt.

1 hour ago, MartinTWD said:

Getting married while I'm there was just us looking at our options, it wasn't something that was set in stone.

 

we will definitely stick with the K1-Visa, thank you. I was just worried with this being my longest trip, would I be brought in for questioning again.

It depends on whether your name has been flagged for future secondary inspection. I tried to enter the US with a U-haul worth of belongings last Jan. I was denied under section 212 7a (intent to immigrate). I watch the show Border Security a lot and if an agent feels you are possible immigration threat in the future your file is flagged. My name is flagged and when I print out my boarding pass the airline agent will tell me my pass is marked SSSS (meaning special screening). I was told I am flagged until my immigration status has been resolved. It's difficult to say whether you are in the same predicament.

If you are unemployed it will be difficult to prove you are going back home. It is not to say it is impossible but from what I know it's the number one tie they look at. I try to put myself in their shoes and ask what would they look for? They want a list of reasons why you are coming back. They want a story that fits. I put together a binder like others suggested and was able to cross for 12 days after a lengthy inspection. My inspection took longer than yours and had such bad stomach pain for days I had to see a doctor. The agent went through my binder and checked everything like: lease agreement, utility payments, school enrollment for myself and son, a serious dental appointment my son had to come back for, medical appointments, vacation plans with my friends back home, daycare confirmation and a declaration signed by our lawyer stating I would not adjust status.

This is just my opinion but 5 weeks might be ambitious. Typically a vacation lasting one or two weeks doesn't raise any flags. But one would question your ties if you can leave for 5 weeks.

I'm not sure if your luck would be so great if you said you are entering to get married. With no job and getting married they may be afraid you are going to stay and adjust status.

There is always a chance you might get a really nice border agent that does not care.

13 minutes ago, Going through said:

I wonder...just curious...can OHIP have done nothing in that case?  Purposefully giving birth in another country, I can see where they wouldn't reimburse some of the costs to the Canadian citizen...but in the case of an unexpexted preemie....did they try putting in a claim with OHIP to try to get some of the costs back?  Even though she gave birth outside Canada, she was/is a resident and citizen of Canada under OHIP...

 

Just curious if OHIP could have even gotten involved in something like your friend's situation.

I don't honestly know all the details as it was one of those "friend of a friend" scenarios. However, I have seen many of these scenarios on the news. Canadian goes to US and has medical emergency only to find out they have no insurance or travel insurance won't pay. I was so terrified when I was pregnant I cancelled my dream trip to New York. The trip was planned before I got pregnant and the tickets were paid for. I wound up getting my doctor to write a note so I could cancel the trip and get my money back. It was all actually pretty straight forward but admit I am still bummed out about it.

While trying to stay on topic I had a really good pregnancy for the most part and had complications during labor. I wound up staying in the hospital for close to a week. I can't even imagine how much this would've cost had I been in the US. If a person knows they are undergoing a medical procedure it might be better to have it done in Canada.

The part that will be unknown is whether the wife will develop any complications in her pregnancy which would make it difficult to travel. I was given permission by my doctor to drive 5 hours to go to a Madonna concert at 34 weeks. The doctor did warn about developing blood clots from sitting. I was still nervous driving the mountains. It sounds like a pretty hard situation for the OP to be in. I'd be really scared if I was pregnant and my spouse was not around.

I forgot about the life event as someone else mentioned. Having enrolled my spouse on Obamacare they demand proof of the life event. I'm not sure if the non USC moving to the US would qualify. I have a son who is the child of a USC but was told until he has a SSN we cannot add him to insurance.

The private insurance we were quoted was what our broker said was the "hit by a bus coverage". I think the deductible alone was about $13,000. Coverage I believe was a bronze plan (pay 40%) and it still would've cost $800 a month. When he first said $800 I assumed he was saying for the year coming from Canada. When he said $800 a month I couldn't believe it. He said welcome to the good old U S of A. I was left scratching my head over what the point of paying $800US a month was. I guess this was the norm before Obamacare and can see why people risked not having insurance.

I was just talking to the girl who runs my son's daycare and she knows someone who went into early labor in the US and had travel insurance. Travel insurance paid nothing because it's seen as a pre-existing condition. I've dealt with travel insurance myself on a few occasions. If the presenting symptom can either be delayed until the person gets home or was there before the insurance is voided. There are times I wonder what the point of even having it is. I think the girl in question had to pay $30,000 or something because the child was born pre-mature.

That sounds like a really tough spot for the family to be in.

I would be very careful about entering the US with the intention of marrying a US citizen. If the border got wind of it they will ask a lot of questions about whether you are really coming back. Make sure to bring proof of ties and reasons you will be coming back just in case they ask. Keep your answers brief in hopes you don't trigger a secondary inspection and further scrutiny. When asked for the purpose of your trip say you are on a vacation. The border is really paranoid about potential immigrants who will not leave.

If you can I would encourage you to do AOS (adjustment of status inside the US) because it was the truth when you crossed the border you were not intending to immigrate. This will likely be your only shot to do this. As others have mentioned it will only be a few months she cannot leave. Most work plans cover spouses and do not require a SSN. It is when you sign up through the marketplace (Obamacare) family members require SSN's. When we looked into private insurance we got a quote for $800/month for me, my spouse and my son. I'm glad we never signed up as me and my son never made it across. You can always go to an insurance broker. Our broker told us since I do not have a green card we would not be eligible for Obamacare subsidies until I did.

Filing abroad is an extremely difficult experience and it would be extremely difficult for you and your wife to expect a baby. Visits are extremely stressful because you don't know for certain if she will be able to cross. Most people travel across with no problem but the more visits often triggers secondary inspection. With secondary inspection triggers the need to prove your wife will go back to Canada at the end of her stay. Keeping two places is often not cheap and having to fly all the way to Montreal to complete the interview process is not ideal nor is having to travel to the select locations where your medical exam done.

You may get lucky (insert sarcasm here) and get Nebraska as your service center if you file abroad. In total I'm expecting this process to take anywhere from 12-13 months. If your wife applies for advance parole with AOS she can leave the country after about 90 days. I wish I was in your shoes because the way we did everything was totally wrong. I've been separated from my spouse for a total of 4 months so far and it's been very difficult on our entire family.

3 hours ago, capivzla said:

Has anyone read carefully or considered Adjustment of Status as a USC Inmediate Relative? What are your thoughts?. This waiting time it's really too long and unknown, It's very difficult being apart for so long. My service center is Nebraska, serving November 2016 Filers right now. 

I feel your pain! I'm stuck in Nebraska with a PD of Feb 2017 and it's ludicrous that service center is 3-4 months behind the others! We pay the same fee like everyone else and those fees go to pay the salaries of people working at the NSC. 

Last Jan my ordeal started as I tried to cross a land border with a U-Haul and our family. I was denied in accordance to section 212 (intent to immigrate). I had a lengthy conversation with an exceptionally nice customs official who was straight with me. He said even if he did let us through the burden to prove I was not immigrating at the time I crossed the border is great. Think of it this way, in order to adjust status you must cross the border as a tourist and not an intending immigrant. Since you've already shown your intentions by filing a petition, it will be extremely difficult to convince the person who reviews your case that you didn't plan on staying in the US permanently.

I spoke to our lawyer and asked then how do people adjust status legally? He said you must do so from the very beginning and be very careful. It's not to say it wouldn't backfire. An ideal situation would be for the person to plan a normal personal vacation say to Disneyland. The family would go to Disneyland and say "oh wouldn't it be great to move here? let's stay". Since at the time the person crossed the border to go on vacation and not to immigrate this is considered legal. However, if you go around and have goodbye parties, quit your jobs, move out of your place, you risk being exposed. It is also extremely difficult moving your belongings before you get your green card which I did not realize either. After our ideal I thought I could at least ship my spouse's things to him. Our moving company with 20 years experience said no way. I'd have to pay duty on half because I'm a foreign citizen married to a US spouse. It's not to say people's situations can vary. My spouse's cousin was able to adjust status after visiting her spouse when he was gravely ill. He had 2 kids that had to be looked after so they hired a lawyer and was able to expedite. I know for those who adjust status many spend the entire time wondering if it will work out.

A person could get lucky and get a person who reviews their case who could care less on the circumstances surrounding the POE. I wouldn't feel as confident with the current political atmosphere. But it's always possible. However, with going through extreme examinations every time I cross the border I understand who you get is completely random. I don't think I will try my odds on who I'd get when filing abroad comes with a lot more certainty.