DCF (Canada) - Visiting the U.S. while waiting for interview?

[mmunro 0]

Okay, I think I'm finally starting to get a grasp of this DCF thing....Great information on this site, I'm so glad I found it!

Anyhow, can someone tell me if it's possible to travel (visit) the U.S. while waiting for my interview after I-130 approval? Would "intent" have anything to do with this?

For a quick background, here's our deal: My fiance and I will be getting married in about a month here in Toronto. She's the USC but has lived in Canada most of her life. She's now got a job offer in Seattle and we plan to move there together (she's already travelling back and forth at this point).

What I'm hoping is that I'll be able to at least visit her there for some extended period(s) of time while I'm waiting for my interview in MTL - which looks like it could take some time based on other peoples' experiences.

Anybody have any advice on this?

Thanks in advance,

Mike.

[mmunro 0]

I found a partial answer to my question:

While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

(ugh...I hate the uncertainty of "legalese")

What I seek to clarify is whether it would be legal to simply visit the U.S. for a period of time (two weeks for example) while I await an interview after my I-130 is approved, or do I need to go through the K3 process just to visit from time to time?

Any thoughts?

Thanks again,

Mike.

[trailmix 77]

Hi Mike,

Basically:

Visiting the U.S. while your visa application is pending

Entry in to the U.S. is not technically prohibited while you are waiting for your visa to process. The final say on whether you will be admitted to the U.S. to visit during this period lies with the U.S. Border Protection at your port of entry.

Visa applicants, generally, are expected to provide evidence that they are intending to return to their country of residence. Therefore, applicants should provide proof of binding or sufficient ties to their home country or permanent residence abroad. This may include documentation of the following:

* Property ownership (or rental agreement)

* Employment contract or statement from employer stating that the position will continue when the employee returns (expected date of return)

In some cases the visa applicant is not asked for this proof, however it can be requested at any time and it is advisable to carry this information with you when crossing the border. (from VJ wiki)

The thing is, it is up to the border person. Some people get turned away, some don't. It is important to bring proof of ties.

There are quite a few threads about this in the Canada forum, here are a few:

Visiting my BF in US for 3 months?, Issues with sufficient ties to Canada

Flying to US -- border tips please, truth? lie? WHAT!?

getting across border

Edited February 5, 2008 by trailmix

[Chica Yeyé 41]

I found a partial answer to my question:

While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

(ugh...I hate the uncertainty of "legalese")

What I seek to clarify is whether it would be legal to simply visit the U.S. for a period of time (two weeks for example) while I await an interview after my I-130 is approved, or do I need to go through the K3 process just to visit from time to time?

Any thoughts?

Thanks again,

Mike.

Why would you want to go the K-3 route mike? If you are eligible for DCF, it's way better my friend. I take it you both live in T'ranna, right?

Apparently, a lot of folks here do visit the US while their cases are processing. You need to prove ties to Canada at the border, and pray that the border person is having a nice day. one day they can let you in, the next time not so fast.

Great to hear you're moving to Seattle~ we just did (from Edmonton) and I am loving this city!

[Flames9_RN 358]

I travelled monthly to DC from Canada and never had a problem, but yes some people do get denied that have a relationship visa in the works. I have read many more success stories than denials. Pretty much what it all boils down to is the POE officer!! Here are my tips:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3)keep ur response short and to the point, dont tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5)pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isnt going to get ya anywhere, and could make things worse!!

8) have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didnt lie! Refer to #1

Best of luck

[krazykraut 0]

I have also travelled to the US while waiting for the interview. My wife (USC) and I (German) just kept some documentation on us. My work contract, the apartment lease, my canadian car insurance, the parking ticket at the airport, a picture of the cat waiting for us at home, the interview appointment letter, a few recent pay stubs, printout of the eticket for the return flight, and our canadian work permits.

As I also wasn't too sure about it, I went to the US Border Control post here at Calgary airport, where they do the pre-clearance. They have some odd opening hours for the general public, but I finally managed to speak to an officer. He looked me up in the computer and confirmed that there was nothing derogatory popping up. He would not give a straight answer as to whether I'd be permitted into the US or not, but smilingly said "this is entirely up to the admitting officer, but I don't see why not."

I would think if you can make a strong case that you are not entering with the intent to stay there should be no problems. And yes, I do fully agree with the posters above that advise you not to misrepresent any fact, as this can come back to bite you big time.

- Krazykraut

I travelled monthly to DC from Canada and never had a problem, but yes some people do get denied that have a relationship visa in the works. I have read many more success stories than denials. Pretty much what it all boils down to is the POE officer!! Here are my tips:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3)keep ur response short and to the point, dont tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5)pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isnt going to get ya anywhere, and could make things worse!!

8) have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didnt lie! Refer to #1

Best of luck

[mmunro 0]

Just wanted to say thanks to everybody for your input. You all certainly helped to answer my question! This is such a fantastic forum!!! I feel much more at ease knowing that I can get answers whenever I may need them. Hopefully I can be a valuable contributor once I get a bit further down the line in the process.

Cheers,

Mike.