wife visiting for longer period(s) until CR1 approved?

[JaJo08 0]

We are now about 1 month in since filing our I-130 package and were curious about something. If my wife came to visit and stayed for a longer period of time, say 3-6 months before our final interview in Montreal, will this negatively affect the process at all or be a concern? She was able to visit just this last week and the border guard gave her no hassle at all other than asking to see the NOA 1 and how long she was staying. I guess if she planned travel here and said she was staying for let's say 3 months, the guard might have more problem with that? She can show proof of a lease agreement as well as employment since she can work from abroad, but again my main question is will her longer stay here affect our CR1 process at all?

thanks for all your help!

[trailmix 77]

We are now about 1 month in since filing our I-130 package and were curious about something. If my wife came to visit and stayed for a longer period of time, say 3-6 months before our final interview in Montreal, will this negatively affect the process at all or be a concern? She was able to visit just this last week and the border guard gave her no hassle at all other than asking to see the NOA 1 and how long she was staying. I guess if she planned travel here and said she was staying for let's say 3 months, the guard might have more problem with that? She can show proof of a lease agreement as well as employment since she can work from abroad, but again my main question is will her longer stay here affect our CR1 process at all?

thanks for all your help!

Hi,

No, it won't affect the visa process at all, if they let her in when she states how long she is staying - that's great.

Good luck!

[CndBcn 0]

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Hi,

No, it won't affect the visa process at all, if they let her in when she states how long she is staying - that's great.

Good luck!

First time writer but I have been involved in immigration (family and employment) for a long time now. I've seen this question many times...it's true, if you can get in to the USA, meaning that they might not deny your entry...I believe that it could be an issue.

I pulled the following from the Montreal US consulate website as a reference: http://www.consular.canada.usembassy.gov/i...sa_relative.asp - at the bottom.

>>>

Entry to the U.S. while Petition is Pending:

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

If you need to contact NVC about immigrant visa processing please phone (603) 334-0700.

>>>

A friend of mine sent the airport in Montreal and ask a US Immigration officer the same question - My husband is in the USA and I am waiting for my papers can I visit him and for how long?

The officer stated that anything under than 2 weeks is fine – but you’ll need to show that you are still tied to Canada. Anything over that is questionable and the person is automatically denied entry.

You can work in the USA while you wait but you need to be on a visa that allows for dual intent (not a TN visa which implies a temporary stay).

In my opinion, it all boils down to the interviewer and his/her interpretation and nothing to do with the border agent – the interviewer has your travel records on file via your passport scans at the POE (they had all of my in-s and out-s). The interviewer WILL ask:

“Did you recently travel to the USA?”

“Where did you stay and for how long?”

“Oh – you stayed with your husband for 4 months?”

“Why were you there so long – for work – show me the visa?”

It can get worst from here…

I would not chance it but again this is just my opinion.

Good luck