Official document stating I can travel to the U.S.

[keysjangle 145]

Just wondering if anyone has come across a web page or document provided by the U.S. government/CBP/USCIS that explains that it is possible to travel to the U.S. while going through a petition? I know I need to show proof of ties, etc, but I remember reading a thread where someone was told they weren't allowed to travel (needed advance parole I think they were told), and they had to go up the chain of command and haul out the rule book to prove the BP Officer wrong. That story has haunted me since.

Anyway, just wondering if there's a doc I could pull out and say "I was informed by your government that as long as I provide proof of my return, I am eligible to enter the U.S. without any other formal paperwork" - something along those lines. Just trying to think ahead. I know it's not common, but I like to hope for the best and prepare for the worst

[CQ & CS 2]

Just wondering if anyone has come across a web page or document provided by the U.S. government/CBP/USCIS that explains that it is possible to travel to the U.S. while going through a petition? I know I need to show proof of ties, etc, but I remember reading a thread where someone was told they weren't allowed to travel (needed advance parole I think they were told), and they had to go up the chain of command and haul out the rule book to prove the BP Officer wrong. That story has haunted me since.

Anyway, just wondering if there's a doc I could pull out and say "I was informed by your government that as long as I provide proof of my return, I am eligible to enter the U.S. without any other formal paperwork" - something along those lines. Just trying to think ahead. I know it's not common, but I like to hope for the best and prepare for the worst

You need to show ties to Canada especially financial ties like mortgage, leases, job, etc.

I showed them my employment letter, pay stubs, car insurance, bank statement, and telephone bills. Anything hat shows you have obligation to come back Canada. However, it is still at CBP's discretion to let you in or not. No guarantee. Good luck!

[keysjangle 145]

Problem: I'm 21. No mortgage, no car thus no payments, live at home, etc. I'm in a family cell phone plan with Rogers with my mom and I, so I don't think I'd be able to separate us and pay for my own account without paying some godawful amount of money.

I could scrape up an employment letter, but I don't think we have an official letterhead (family run bakery) but I could partner my boss's signature on that to the one on my pay cheques I suppose. Besides that, and showing that I have paid my tuition for school partnered with my schedule, I need to think up some stuff. I made another thread awhile ago, I thought about being able to use "Appointment cards for upcoming dentist/doctors/optometrists appointments? Exam schedules?" - does anyone think this is viable? :\

Edited January 16, 2011 by Gervl

[YuAndDan 153]

Advance Parole, is a document for travel in the other direction, it is used by a K-1 or other Non Immigrant to travel out of the USA while they are adjusting their status from Non Immigrant to Immigrant.

[keysjangle 145]

Advance Parole, is a document for travel in the other direction, it is used by a K-1 or other Non Immigrant to travel out of the USA while they are adjusting their status from Non Immigrant to Immigrant.

I was just citing it because it was what I recalled from the thread I had read awhile ago. Someone got stopped by CBP and was told they needed to have it, and the traveler knew that was b.s. so they fought till they were proven correct. It has made me paranoid though, and proactive in making sure I'm prepared for that sort of challenge. I want to know everything possible. I am a sponge.

[lovetimhortons 1]

Just wondering if anyone has come across a web page or document provided by the U.S. government/CBP/USCIS that explains that it is possible to travel to the U.S. while going through a petition? I know I need to show proof of ties, etc, but I remember reading a thread where someone was told they weren't allowed to travel (needed advance parole I think they were told), and they had to go up the chain of command and haul out the rule book to prove the BP Officer wrong. That story has haunted me since.

Anyway, just wondering if there's a doc I could pull out and say "I was informed by your government that as long as I provide proof of my return, I am eligible to enter the U.S. without any other formal paperwork" - something along those lines. Just trying to think ahead. I know it's not common, but I like to hope for the best and prepare for the worst

Sorry, I'm not aware of any such document/website (I remember looking for this too, during our K1). Just after we were engaged, we had a consultation with a "top" immigration lawyer in Toronto, and asked if travel to the US was "allowed" during IR-1/CR-1 process, and they told us no. They told us that during K-1 travel was allowed, but that the trips should be carefully managed. We ended up not using an immigration lawyer for the K1. It seems on VJ, and from friends going through the process that people going through IR-1/CR-1 travel all the time to the US, so it's possible this lawyer could have been wrong... I know that some immigration lawyers offices provide a letter and other assistance for CBP while undergoing visas, so if this provides you the reassurance/support you need, perhaps it's worth considering.

Unfortunately, there are no guarantees when it comes to US Immigration, and same applies to CBP (as well as no customer service line ). I have to admit, that I was stressed before crossing each time at Pearson (although everyone else thought I was just being paranoid). Just be calm, polite, and answer their questions. It should be fine. And remember ties (you need to get a letter from work/school on letterhead, as well as whatever else that would be valid and relevant).

[Sweetcheeksss 91]

Problem is, technically, CBP is not supposed to allow you to enter as a nonimmigrant when you clearly have immigrant intent. They do, however, have the authority to find that you do not have immigrant intent and allow you to enter as a nonimmigrant, based on their discretion AND any proof you can submit that'll reassure them that you DO have a strong reason to return to Canada.

For me personally, I have been turned back at the border because the officer was not convinced I'd return and yet, another time, although I was sent to secondary, I was able to convince the officer that I WOULD return and ultimately, I was allowed through.

Good luck with everything.

[HeatDeath 430]

I flew down twice during the K-1 process to see my now-wife, once just prior to the NOA2 showing up, and once about 2 months after my Packet 3 showed up. Both times I had a employer letter, a "rental" agreement from my parents, with whom I was living, and some bank statements. I wasn't making car or cellphone payments so that was the best I could do. One thing you could also bring that carries a lot of weight is a copy of the I-129F packet (or at least the NOA1 and [if you have it] the NOA2), including the cheque. That will show any suspicious CBP officer that you have a significant financial investment in doing this properly.

In the end, it didn't really matter. The CBP officer in Winnipeg International Airport didn't even ask to see them, on either trip. So as long as you've got this stuff assembled, you should be OK to travel. Remember, fundamentally your admission comes down to one thing - the CBP officer's assessment of your being an intending immigrant. If you have the evidence to convince him you have no immigrant intent, they'll let you in. If they think you have immigrant intent [which they assume until proven otherwise] and you can't convince them otherwise, they won't let you in. This is true for all Canadians, all the time, BTW. It's just that when you're engaged to a USC, it takes more to overcome that presumption of immigrant intent than a relaxed body language and a plausible story of why you're going to the US and when you intend to come back. A copy of your I-129F stuff, and the other "ties to Canada" documents, is enough, the vast majority of the time.

Edited January 16, 2011 by HeatDeath

[Abby62 23]

What the others have said X 10. Just have ties to Canada, proof of returning to Canada etc...you can argue all you want with the CBP. Winning here is not an option, they can turn you back around to Canada, totally deny you, they have the power to do so.

I have been through all of that and I did not win no matter how much I tried to prove all of my ties to Canada, at that time we were just dating and I was being honest. I got denied entry, told not to return until I had notarized documents of my ties to Canada. I argued with them for 2 hours, it just got me in deeper and deeper...I was fingerprinted, interrogated..etc..all because I wanted to "visit" my boyfriend..ughhh...

Well sorry, just spouting off. Good luck to you and hope you never have problems at the border!!

[lovetimhortons 1]

I crossed 5 times at Pearson after filing K1, and the only questions were, "where are you going," "where will you be staying there (with my fiance)," "when will you be returning," and once or twice "what kind of work do you do?" Once (before POE), I crossed with my fiance, and we were asked to each state our names and DOBs (strange). I was never asked to show my return ticket (although I always had it with the rest of my travel documents), no one ever asked if i filed for K1, and i was never asked about or to show any ties to Canada. So as you can see, each of us have had completely different experiences!!

It's good you're prepared, but chances are that you won't be asked for any of this stuff. It is totally up to the CBP officer at the US/Canada border, but hearing from several of our friends who have gone through a similar process, getting denied entry seems like it is pretty rare.

Edited January 16, 2011 by lovetimhortons

[charity1214 3]

Tomorrow my husband will make his first attempt at visiting me in the states since filing our I-130 and we are both anxious in hopes that he'll have no issues coming thru. I appreciate everyone's input and pray that everything will go smoothly. He has a letter from his employer, plane itinerary (showing return ticket in 2 weeks), and a copy of our NOA1 showing our intent to do things properly. He lives with his parents and has no utilitiy bills/rent.

Please cross your fingers for us.... I haven't seen him since the wedding and just want to enjoy a few weeks of coupletime while we wait for the process to go thru.