Crossing U.S. border with pending CR-1

[ryanandjen04 1]

With the waiting and waiting to get an appointment in Montreal, I am considering trying to visit my husband in Colorado with my 2 year old daughter. My question for you all is will I be able to do this as a stay at home Mom living with my parents? I just recently subletted my apartment so we could save money on renting 2 apartments. (I do still have a lease from there stating it is until February 2012, however I do not want to leave anything to chance)

I just want to tell the truth: that I am going to visit my husband for 1 month (return ticket in hand); that I do not have any real ties to Canada other then my household items; and that I am waiting for an appointment in Montreal, and doing my immigration the proper way and have no intention of overstaying my visit.

My daughter has been away from her father for 8 months now and I don't think we can bear another 3 months apart and my husband cannot afford to take a week off of his job again. Any advice would be greatly appreciated...

[Bern` 0]

I would bring any sort of proof that you have, bring a copy of your NOA1 (it shows that you are doing this the legal way), do you have a job? If so, get your employer to write a letter stating when they expect you back. I actually never had evidence when I traveled on a CR-1 visa (I was 19, and most likely a higher risk). Just be honest, polite and respectful to the officers. I'm sure you will be fine. Goodluck.

Edited September 22, 2011 by Bern`

[Flames9_RN 358]

It all comes down to the POE officer and you being prepared!! Ensure you have some kind of evidence that shows you are returning to Canada, which of course ur Immigration paperwork is a good one. I guess you may require a letter from the father, even though he is in the USA that the child is coming to see him and another one when u go back to Canada!! As we all know child abduction can be on the POE officers minds.

[ryanandjen04 1]

Thank you for your replies, I do not have a job other then Mommy, lol. It sucks that I have to get a letter from my husband cause I was hoping that I could surprise him! lol. That way he would be none the wiser if I wasn't allowed through! Mind you I'd have a hard time hiding it afterwards!!

I'm glad you said that my immigration paperwork is a good one, I mean I have the NOA1, pkt 3, pkt 4 and medical done and I'm hoping to get my appointment booked and have that to prove as well. Other then that I don't know what I have that proves it... just my honesty I suppose...oh and return ticket. Do you think going for 4-6 weeks would raise eyebrows? Should I keep it shorter? Thank you for your input!

Oh also my daughter is a dual citizen, will that make a difference?

[Flames9_RN 358]

Thank you for your replies, I do not have a job other then Mommy, lol. It sucks that I have to get a letter from my husband cause I was hoping that I could surprise him! lol. That way he would be none the wiser if I wasn't allowed through! Mind you I'd have a hard time hiding it afterwards!!

I'm glad you said that my immigration paperwork is a good one, I mean I have the NOA1, pkt 3, pkt 4 and medical done and I'm hoping to get my appointment booked and have that to prove as well. Other then that I don't know what I have that proves it... just my honesty I suppose...oh and return ticket. Do you think going for 4-6 weeks would raise eyebrows? Should I keep it shorter? Thank you for your input!

Oh also my daughter is a dual citizen, will that make a difference?

Im not certain about the child needing paperwork from the husband, just read other expereinces where they have. Since she is going to visit him maybe not, but probably for sure on the way back. Not sure may even have to be notarized!! But do NOT quote me, I have no kids,lol

Your daughter has the right to enter the USA, as she is a US citizen, but not you.

[ryanandjen04 1]

I will definately look into it! I was kind of hoping that my daughter being a US citizen won't hinder me actually! I'm hoping they don't question me more because my husband and daughter are us citizens and say that they figure I will just stay or something...if that makes sense?

If I have to get paperwork from him I will absolutely, not a problem with that!

[canuckbos 10]

I will definately look into it! I was kind of hoping that my daughter being a US citizen won't hinder me actually! I'm hoping they don't question me more because my husband and daughter are us citizens and say that they figure I will just stay or something...if that makes sense?

If I have to get paperwork from him I will absolutely, not a problem with that!

You also could try to get a parole at the border crossing where you will cross. I did this. They need 48 hrs advance notice and I got it on Humanitarian grounds.... you call the border office and ask for the Chief on duty and speak with her/him. Explain the need to visit, you could say your daughter is missing her dad and vice versa. They will ask how long... not sure if your time would be too long. My reason was my husband had a health problem and I needed to be there to assist him for two weeks. At least then you know you have been approved ahead of time. You still have to present yourself when you cross over and fill out a form which costs $6 plus fingerprinting...

Failing that I agree, proving ties to Canada and which border guard you get will make all the difference.

Good luck!!!

[ryanandjen04 1]

I'm thinking about flying out of Toronto so that my parents can stay with relatives there until I KNOW I'm through. Any suggestions with going through at the airport, or is it better to drive through and fly from Syracuse? Thank you for that suggestion, as you say atleast you would know prior to the departure.

[hikergirl 277]

You go through US Customs at Pearson so you wouldn't be turned back after your flight at least.

I always had a notarized letter to take my daughter across the border when she was younger, but that was both of us being Canadian. They are very ####### about children crossing the border into Canada with only one parent so I would be sure to get a notarized letter from him to bring her back into Canada.

[ryanandjen04 1]

Did you find that the customs at the airport were fair with this situation? I would definately need one coming back...and will probably just get a letter for going as well, might as well play it safe!!

[hikergirl 277]

I have personally only been asked for a letter when coming back into Canada. I usually cross with both her passport and BC. My ex is also Canadian and I haven't had any hassles either driving or flying with her going into the US.

I think that you MAY be okay bringing her into the US with your paperwork (the I-130, etc) showing that you are flying into the US to see your husband who is on her birth certificate.

Edited September 23, 2011 by hikergirl

[SapphireDreams 71]

I think a return ticket and your immigration paperwork will be solid evidence for you. Even though you don't live in the apartment, bring the lease as it shows you have financial obligations in Canada you have to come back to take care of as well (they don't need to know you don't live there).

Also, pack very very lightly. Bring small bags to show you are not trying to move or even bring anything ahead of your move. They've asked me in the past how many bags I've had with me and when I told them just my carry on, that seems to ease their minds.

I don't think it will matter what POE you use. I might even just go through Toronto, even though it's probably more expensive, because that just shows again that you've invested money into your return ticket. I have found the officers at the Toronto airport to be very fair.

Good luck!

[ryanandjen04 1]

Thank you, it sounds like it won't be too bad.. I thought when this whole process started that there would be no way of going to see him. Glad to see its an option...now to get enough money together for the $1300 ticket!!

[Kathryn41 3,205]

If that is what the ticket costs, consider driving across to Syracuse or Rochester and flying from there - it is a bit of a drive but you will definitely get a cheaper flight.

[ryanandjen04 1]

Yeah from where we are its about the same distance to syracuse actually. But I've checked the prices and there is only about $100 difference (50 per ticket)...but with air canada I get my aeroplan points and can get good insurance on the tickets so I am able to cancel if they don't let me through, that price is also for myself and my daughter, who is just over the 2 yr mark (darn it, lol). Also we have family close to Toronto airport...we ALWAYS fly out of syracuse, it just makes sense usually. But with this case I'm not sure but I think it makes more sense to do it this way...