Help! I'm not sure what to do!!!

[MsZ 6]

You can still visit one another. Just because you are married doesn't mean they won't let you into the US to visit your US spouse. And of course, he can visit you in Canada.

My husband is Canadian, still living there. We cross the border frequently. We are honest, saying we are going to visit our spouse. We drive. It may be more of a challenge if you are flying. I don't know.

The key is to always bring proof of ties to Canada when you attempt to cross. You'll need proof of employment, which I suspect you don't have since you've been in the US for so long. You might want to get a job if you don't have one waiting for you. Then there's a residence. Proof of mortgage or rent is good. Utility bills -- gas, electric, cable, phone. Strong ties to Canada are the key to entry if anyone challenges you.

Once you've filed for a K-3 or CR-1 you may have a guard tell you that you are not allowed to visit. This is not true. However, for the life of me I can't find the web page that spells that out. There is no law/rule that states you can't visit while an application is pending. But it would be helpful if you have a printout of the web page that states this. And unfortunately, my husband is in bed (in Canada) or I'd bug him to dig out what I gave him so I could tell you where to find it. (Someone else asked me about this not long ago and I am remiss in getting him this info as well.)

So, if someone else can post the reference here, it'd be helpful to more than just this person!! (Thanks!)

Anyway, you would have to challenge the guard as respectfully and as tactfully as possible, noting that you realize that they have sole discretion as to whether you are allowed or denied entry. I've had one guard tell me that his rule is to deny always, but that another guard may feel differently.

All of that said, we've never had a problem and my husband has never been asked for proof of anything. In fact, he says it has been easier to cross since we got married. Maybe it is our history of frequent visits. Maybe it is our age (40s). And maybe they are getting to know his face. I know the Canadian guards have been nicer than ever to me and they have always been nice.

Try not to worry about spending time apart. You'll be apart for some of the time, but you'll be able to see one another because at the very least, he can visit you. However, more than likely, you'll be able to visit him as well.

[Flames9_RN 358]

We met in 2001,met first time may 2002 and did the long distance relationship thing until dec 2004 (when I moved here on a cr-1) Lot of people on VJ do the long distance relationship thing. Some see each other a lot, some do not. We were able to see each other almost monthly, with my wife coming to canada, or me to the USA. Air canada loved us! Its al in the past now for us and will be for you and others as well. Best of luck

[Dylan'sWife 2]

You can still visit one another. Just because you are married doesn't mean they won't let you into the US to visit your US spouse. And of course, he can visit you in Canada.

Once you've filed for a K-3 or CR-1 you may have a guard tell you that you are not allowed to visit. This is not true. However, for the life of me I can't find the web page that spells that out. There is no law/rule that states you can't visit while an application is pending. But it would be helpful if you have a printout of the web page that states this. And unfortunately, my husband is in bed (in Canada) or I'd bug him to dig out what I gave him so I could tell you where to find it. (Someone else asked me about this not long ago and I am remiss in getting him this info as well.)

Anyway, you would have to challenge the guard as respectfully and as tactfully as possible, noting that you realize that they have sole discretion as to whether you are allowed or denied entry. I've had one guard tell me that his rule is to deny always, but that another guard may feel differently.

Agree-ed that visiting is still an option although ENTRY is and will always be at the sole digression of the POE.

But, again I feel it's important to re-address the amount of time the OP has spent in the US will severely limit the amount she can spend in the US without risking an overstay. Compounded by the fact, that if she is asked how long her last 'visit' was it will negatively influence the CBP Agents decision.

[trailmix 77]

Once you've filed for a K-3 or CR-1 you may have a guard tell you that you are not allowed to visit. This is not true. However, for the life of me I can't find the web page that spells that out. There is no law/rule that states you can't visit while an application is pending. But it would be helpful if you have a printout of the web page that states this. And unfortunately, my husband is in bed (in Canada) or I'd bug him to dig out what I gave him so I could tell you where to find it. (Someone else asked me about this not long ago and I am remiss in getting him this info as well.)

So, if someone else can post the reference here, it'd be helpful to more than just this person!! (Thanks!)

Entry to the U.S. while Petition is Pending

After filing the petition, your relative normally would not be admissible to the U.S.; however the CBP inspector at the port-of-entry has the final say. To be eligible to enter your relative must assure the inspector that the visit is temporary and that she or he will depart the U.S. after the proposed visit and wait out the processing period for the immigrant visa in Canada or a third country.

link: AMCITS

[Rhiannon 0]

Entry to the U.S. while Petition is Pending

After filing the petition, your relative normally would not be admissible to the U.S.; however the CBP inspector at the port-of-entry has the final say. To be eligible to enter your relative must assure the inspector that the visit is temporary and that she or he will depart the U.S. after the proposed visit and wait out the processing period for the immigrant visa in Canada or a third country.

link: AMCITS

My hubby is an Irish citizen but he is in school in Canada and has been able to successfully visit me (by getting a decent agent, by telling the truth and having strong ties - the Student visa and such in hand, but they didn't even ask for documentation). We also had a lawyer suggest the 60 day thing (get married on the 61st day of visit and Adjust Status) - that is why we ditched the lawyer.

As for the separation, people do it, indeed - but it is hard. MIke and I stay in constant contact - we talk every day without fail, and have since we starting getting serious. He went Mac to get a computer with a camera so we can iChat each other and see each other's faces...we also do Skype. There's lots of ways - i suggest starting to invest in some technology, stat!

best of luck

R.

[memoria 0]

Thanks for your replies, my husband wants to go the AOS route, I don't agree, in spite of the fact that I believe we have sufficient proof of no fraud or intent. He's wondering if we do the AOS route before my time is up or after.

I do appreciate everyone's time and advice. I feel better then I did yesterday simply by knowing I'm not alone. Thanks everyone.

[Dylan'sWife 2]

Thanks for your replies, my husband wants to go the AOS route, I don't agree, in spite of the fact that I believe we have sufficient proof of no fraud or intent. He's wondering if we do the AOS route before my time is up or after.

I do appreciate everyone's time and advice. I feel better then I did yesterday simply by knowing I'm not alone. Thanks everyone.

Good Luck, remember if you go this way you must stay put until your AOS is approved.

Hopefully, your husband is getting a big paycheck when his boss comes back since if I were you, I would DEFINITELY want to get a good lawyer to file on your behalf.

[Reba 2]

If you do decide to stay and apply for AOS, do it before your 6 months are up, and then Do Not Leave until you have green card in hand. Which could take quite a while, and you'll have to endure family griping at you still for several months to maybe a year.

[memoria 0]

If you do decide to stay and apply for AOS, do it before your 6 months are up, and then Do Not Leave until you have green card in hand. Which could take quite a while, and you'll have to endure family griping at you still for several months to maybe a year.

Or do not leave until I have the Advance Parole in my hand right? From what I'm reading on other threads, I can apply for my EAD, and AP at the same time as the AOS. Nothing is for sure, I'm thinking of going back home, its hubby who wants the AOS.

[memoria 0]

If you do decide to stay and apply for AOS, do it before your 6 months are up, and then Do Not Leave until you have green card in hand. Which could take quite a while, and you'll have to endure family griping at you still for several months to maybe a year.

Or do not leave until I have the Advance Parole in my hand right? From what I'm reading on other threads, I can apply for my EAD, and AP at the same time as the AOS. Nothing is for sure, I'm thinking of going back home, its hubby who wants the AOS.

If I go by the guides here even filing for an AOS I have to file for an I-130 too. Is this correct? and if so do I file them both at the same time?

[eau_xplain 2]

File both the I-130 and AOS at the same time. If you would like to work while waiting for your green card, file for EAD too.