IR-1 Pending, visiting USA

[Schmelle 0]

Hello everyone,

Well things are coming along. I have sent in my DS 3032 and my I864 fee to NVC and now I am awaiting my forms. I'm currently in the US visiting my husband. Any other Canadians out there that have spent a chunk of time in the US while they were waiting for their visa to be processed in Canada. Did you have any trouble at your interview when it came along?

Thanks....

[neiks 19]

I spent lots of time in the US while waiting for my visa and travelled back and forth many times between my Canadian residence and my husbands residence. I did not have any questions in regard to how long I've ever stayed in the US. In regards to the interview you should be fine with a visiting the US as long as you haven't overstayed your 6 month visitor status.

Edited August 1, 2007 by neiks

[Flames9_RN 358]

Travelled monthly toDC while my CR-1 was ongoing. Never had a problem. Some have been denied entry, so its not a gimme!! Just always tell the truth!!

[Misty1979 0]

I spent lots of time in the US while waiting for my visa and travelled back and forth many times between my Canadian residence and my husbands residence. I did not have any questions in regard to how long I've ever stayed in the US. In regards to the interview you should be fine with a visiting the US as long as you haven't overstayed your 6 month visitor status.

Here is what confuses me about the whole 6 month visitor status thing: Is it 6 months starting from the time you first visited the US within one year? (ex.. my first visit to the US that wasn't over a few years ago was last year for six days in March,) or is it six months starting January 1st, and resets again at the beginning of the year?

If you started accrueing time after the first visit, that would mean I am earning time back as we speak since I visited for 4 months between July and November, but I'm not sure how they calculate all this, so I always worry I may accidentally overstay.

[misa 2]

Unless otherwise indicated by the officer, when Canadians enter the U.S., they can stay for up to 6 months on that visit.

I couldn't find any hard and fast rule regarding accuring time and when that starts, resets, etc., but did find this on the CBP site:

There is no set period of time Canadians must wait to re-enter the U.S. after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc.

Edited August 2, 2007 by misa

[Misty1979 0]

Unless otherwise indicated by the officer, when Canadians enter the U.S., they can stay for up to 6 months on that visit.

I couldn't find any hard and fast rule accuring time and when that starts, resets, etc., but did find this on the CBP site:

There is no set period of time Canadians must wait to re-enter the U.S. after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc.

Ohhh..much simpler than I thought:) Already used to the whole proving ties to my country stuff anyways ever since we started the immigration process. Thanks, I have alot more peace of mind now knowing I shouldn't have any problems come interview time despite frequent visits.

15 days until my next visit....YAY!!!! Except for the plane part

Edited August 2, 2007 by Misty1979

[Schmelle 0]

Hey all,

Thanks so much for the input. From the sounds of it I am safe to stay here in the US for 6 months at a time...which is what I will do and then I will go back to Canada to finish out my visa. I think the timing of everything should work out pretty well. I hear that Montreal is taking forever to assign interivews from the time your case is complete at NVC...I guess that remains to be seen.

Good luck all...

Canadian Girl

[LadyJane 1]

Hello everyone,

Well things are coming along. I have sent in my DS 3032 and my I864 fee to NVC and now I am awaiting my forms. I'm currently in the US visiting my husband. Any other Canadians out there that have spent a chunk of time in the US while they were waiting for their visa to be processed in Canada. Did you have any trouble at your interview when it came along?

Thanks....

Schmelle,

Have you added your name to the list of Canadian folks waiting for their IR1/CR1?? If not, please do! The more the merrier!

[Schmelle 0]

Hello everyone,

Well things are coming along. I have sent in my DS 3032 and my I864 fee to NVC and now I am awaiting my forms. I'm currently in the US visiting my husband. Any other Canadians out there that have spent a chunk of time in the US while they were waiting for their visa to be processed in Canada. Did you have any trouble at your interview when it came along?

Thanks....

Schmelle,

Have you added your name to the list of Canadian folks waiting for their IR1/CR1?? If not, please do! The more the merrier!

Maybe I sound dumb but where so I do that....?HELP!!!

[LadyJane 1]

Go here:

http://www.visajourney.com/forums/index.php?showtopic=69462

But I'm a bit confused, your information said you're filing for a K-3 but the process indicates that you are in the CR-1/IR-1 process.

[Schmelle 0]

Go here:

http://www.visajourney.com/forums/index.php?showtopic=69462

But I'm a bit confused, your information said you're filing for a K-3 but the process indicates that you are in the CR-1/IR-1 process.

we applied for both but it seems that the I130 is moving and I have not hear a thing from I129 yet so we are moving forward with the CR/IR1. We have been married for over two years. Does that explain?

[Flames9_RN 358]

over 2 yrs is the IR-1, which means ur greencard is good for 10 yrs!!

[Starr 0]

Unless otherwise indicated by the officer, when Canadians enter the U.S., they can stay for up to 6 months on that visit.

I couldn't find any hard and fast rule regarding accuring time and when that starts, resets, etc., but did find this on the CBP site:

There is no set period of time Canadians must wait to re-enter the U.S. after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc.

I thought that Canadians who have visa applications in process could only visit for 90 days out of every 180 (unless otherwise indicated by the officer, obviously). Is it actually 6 months out of every year? Because if that's the case, my husband can probably stay here until we hear about his interview rather than having to go home in October. And that would make us both very happy.

[Misty1979 0]

Hey all,

Thanks so much for the input. From the sounds of it I am safe to stay here in the US for 6 months at a time...which is what I will do and then I will go back to Canada to finish out my visa. I think the timing of everything should work out pretty well. I hear that Montreal is taking forever to assign interivews from the time your case is complete at NVC...I guess that remains to be seen.

Good luck all...

Canadian Girl

I would be careful about walking up to the CBP officer at the port of entry and telling them you intend to stay in the US for six months. That was my original idea as well- before I had even started the immigration process, but I thought I would be safe and call ahead and ask whether they required any sort of documentation for visits that long.

The lady that answered the phone basically treated me like I was crazy. She asked me why the heck I would stay in the US for so long, how much money I had saved up to support myself, what kind of employer was willing to let me stay for six months and return to the job later on down the road, etc.

She sounded very hesitant about the whole situation and basically implied I was doomed to be denied entry if I tried that.

However, I've gone for 3 months at a time and been fine, without them harassing me too much or asking if I had money saved to support myself, etc etc.

[Flames9_RN 358]

When going through POE, probably not the best time to ask questions,lol!!