Visiting Fiance in canada and applying for a CR-1?

[Pegworth 2]

I dunno, I blame Canada [queue the music from SouthPark]

proving up domicile is a huge issue on interview day - so be aware of that, when doing the CR-1 visa either via Chicago or Montreal.

pegs - as to the info you've put out - ya, it was rife with errors, but - let me whist away the fog, and suggest this -

IF an I-130 petition is filed, the foreign spouse (the Canadien) may or may not be let INTO the USA whilst the paperwork is pending.

So does this mean the can file for the I-130 after they have entered on the CR-1? This is what I thought they could do but is that wrong?

It depends on 2 things, IMO -

--attitude and knowledge of the CBP officer at the instant she comes across or

--her ability to prove up that she's NOT immigrating, showing evidence at the border , to a CBP goon, that she's fully ensconched in Canada, showing a lease document, student enrollment papers, leave document / holiday document from the hr department, etc etc...

either one of these can trip up a 'vacationer', always.

or not - depending on that particular CBP goon at that particular moment, whilst the beneficiary is inside the POE.

That's why suggested ties and some sort of proof of the CR-1 being processed or pending that they will be taking a legal route after the visits.

FWIW, no, the K-1 and the CR-1 are not so similar - if you have a mo, please review the guides section here - I think you can glean the differences from studying the forms list, the processes, and any flowcharts ya find.

Really what other choice do they have besides her visiting if they will have to prove domicile?

So my rife with errors post was that they file for work authorization and a I-485 after they enter on CR-1? Wow.

[Darnell 8,478]

no - is no 'file for work authorization' needed after have CR-1 visa in passport - as it's not needed - is un neccessary to file for it - CR-1 visa is a temp green card for 1 year, can work with the visa stamp and a ssn.

no, is no file for I-485, adjustment of status, as a CR-1 visa holder is already an immigrant, with the right visa to enter the country as an immigrant. I-485 petition is not utilized by a CR-1 visa holder, ever.

I beg of you, please, read the guides. If you continue to promulgate the wrong info to other people, it does a great disservice to people who really need the information. A lot of time and energy, man-hours, were put into the creation of the guides - wouldn't you like to be able to give the right info after reading them?

as to 'proving up domicile' on interview day - it's straightforward, not so easy (or everyone would do it, right?) it's not as difficult as many people think - but it does require money and connections, regardless of where the petition was filed. The USC's desire to live in Canada whilst the paperwork is unwinding is admirable, but that 'domicile' bit needs to be handled..

Edited January 21, 2011 by Darnell

[Harsh_77 716]

Incorrect. CR-1 get an I-155 stamp that is a temporary green card. NOTHING is filed for when entering the USA. The green card comes in the mail a few weeks later as well as the ssn.

There is no work authorization filing and an I-130 is a CR-1 petition not an affidavit of support. The I-864 is filed during the NVC stage for the CR-1.

Sorry peg you may want to go read the instructions.

Inky - wht peg is saying that OPs then wife can visit US on VWP with CR1 receipt showing the CBP officer she is going via the right way and while the application is being processed she will only visiting OP for some time and then return back to Canada.

Which technically and legally allowed but its upto CBP officer to let OP's wife in the country or not to let her in.

Later part Peg is referring to OP staying in Canada all the time while CR1 is being process how Op was going to show affidavit of support?