CR-1 Visa Stamped but entering US without activing Greencard

[nquery 0]

Hi,

First time poster here. I am a Canadian Citizen, my wife is a USC/Canadian PR. We did DCF in Vancouver in April. I anticipate having the interview in Montreal sometime this summer/fall. I don't want to actually immigrate and move to the US using the immigrant visa package until after Dec 31 so that we will have been married 2 years and I can get a full 10-year unconditional Green Card.

The thing is, we like to travel/visit back and forth across the border a lot, and I am planning to go to Hawaii in November. Will I be able to go through a POE just as a regular touristing/visiting (no visa required) Canadian and hold off on immigrating until a later time (which of course has to be within 6 months of the IV being issued) , even though I have the IV approved and the visa in my PP???? Or will the CBP agent say that I have no choice and if I am entering the US with the IV stamp in my passport I must immigrate at that time? i.e. can I delay the actual immigration??

Any experience/thoughts would be helpful. If I find that I conclusively cannot enter as a regular visitor without using the IV stamp then I may delay the interview. I could use my British PP but I am sure that could be seen as being evasive ....

Thanks!

Christian

[Flames9_RN 358]

Others have done it successfully, BUT it comes down to 1 thing---the POE officer, simple as that.

[nquery 0]

Others have done it successfully, BUT it comes down to 1 thing---the POE officer, simple as that.

What if I forgot to bring the sealed package? They either have to send me home or let me in as a regular visiting Canadian I would assume. Note that I have been able to cross many times while married to my USC wife, have a high salaried job, etc, and haven't otherwise ever had any issues with CBP.

[Flames9_RN 358]

What if I forgot to bring the sealed package? They either have to send me home or let me in as a regular visiting Canadian I would assume. Note that I have been able to cross many times while married to my USC wife, have a high salaried job, etc, and haven't otherwise ever had any issues with CBP.

They will most likely see the "visa" in ur passport has it takes up a full page. Its up to the POE officer, no 1 on here can say you will be ok. More than likely you will be fine, but be prepared.

[Krikit 1,163]

I'm one of the people who entered the US with the visa in my passport and requested not to have it endorsed. I just explained that I would be using it at a later date as I had a house to sell and a job to resign from. That was at the Buffalo/Fort Erie Peace Bridge. As Flames says..... your mileage may vary.

You also have the option of delaying your interview, and/or explaining the circumstances to the Consulate Officer and requesting the visa not to be issued until a later date. This will involve sending in your passport when you're ready to leave, but it also means a delay as Montreal is still dealing with a severe backlog.

[nquery 0]

I'm one of the people who entered the US with the visa in my passport and requested not to have it endorsed. I just explained that I would be using it at a later date as I had a house to sell and a job to resign from. That was at the Buffalo/Fort Erie Peace Bridge. As Flames says..... your mileage may vary.

You also have the option of delaying your interview, and/or explaining the circumstances to the Consulate Officer and requesting the visa not to be issued until a later date. This will involve sending in your passport when you're ready to leave, but it also means a delay as Montreal is still dealing with a severe backlog.

Thanks Krikit! That's all I needed to hear - sounds like there is no 'requirement' that one must use the visa if it's in the PP.

[Krikit 1,163]

Thanks Krikit! That's all I needed to hear - sounds like there is no 'requirement' that one must use the visa if it's in the PP.

That's correct. The Consulate Officer told me there is no written policy that a visa must be endorsed once it has been issued. (Think of all the people who receive them and then their plans change.) But he qualified that statement saying "It is always up to the Officer at the POE, however, who has the final say." The worst that can happen is that you request to withdraw your application to enter the US if you get an officer who doesn't know policy.

[Krikit 1,163]

You do have another option, though. Do you have a NEXUS pass?

[nquery 0]

You do have another option, though. Do you have a NEXUS pass?

I don't have one but that's a good idea.

[sdw 10]

There was a VJer that had there visa activated in March and didn't move until June when her kids were finished school. I also activated my visa on a visit and moved at a later date and had no issues.

[Flames9_RN 358]

There was a VJer that had there visa activated in March and didn't move until June when her kids were finished school. I also activated my visa on a visit and moved at a later date and had no issues.

true, but he is attempting to wait to "activate" it until he reaches his 2 yr marriage date, thus get a 10 yr greencard!

[sdw 10]

Sorry I missed that part.