My Canadian Wife

[kodie 0]

Hi all, My wife and I filed our I-130 about three months ago. We recieved back the form that says they recieved it. (sorry don't have it right in front of me) We have not filed for a K visa yet.

I called a local border crossing and asked them if my wife could come over and visit for a while on a tourist visa while the immigration paperwork went through. They had no problem with that as long as she could prove she would be going back. Enrollment in university classes, proof of a job would be proof according to them.

So does that sound normal to you all? That she can come here while we are waiting as long as it is not perminent?

the whole story....

The whole story is that we got married in the US, she was here on a work permit. two weekes later we left for a year in Asia where we found out about this whole mess. We came back to the states and she stayed for six months. (the length of a tourist visa). They didn't ask any question at the border except how long she was staying for and her purpose. She left before that ran out as not to get into any trouble. My question is, did we unknowingly break the law when we came back together from Asia.

Can she come back in again as the border guard said????

thanks so much for you help and good luck to you all in your own process

[payxibka 10,047]

A Canadian citizen does not need to acquire a "tourist" visa to enter the USA by treaty between the USA and Canada for short-term visits. There is no breaking of any laws if she honors the terms and conditions imposed at the point of entry... primarily by not overstaying or working without permission.

Edited June 3, 2008 by fwaguy

[Thai family 0]

As long as a person doesn't have intent to stay it perfectly legal to come on a tourist visa, even though you're married.

She needs to always carry strong proof of her intent to return when she crosses the border, because they have the last word at the POE.

She's lucky to have a visitor's visa, as many embassies are reluctant to issue one to someone who is married to a USC or LPR.

[kodie 0]

She's lucky to have a visitor's visa, as many embassies are reluctant to issue one to someone who is married to a USC or LPR

maybe I am using the wrong terminology. She doesn't HAVE any sort of special visitors visa. She is just a Canadian citizen. So she can visit anytime as long as she does not intend to stay??

thanks for the responses everyone!!

[wowswift 3]

She's lucky to have a visitor's visa, as many embassies are reluctant to issue one to someone who is married to a USC or LPR

maybe I am using the wrong terminology. She doesn't HAVE any sort of special visitors visa. She is just a Canadian citizen. So she can visit anytime as long as she does not intend to stay??

thanks for the responses everyone!!

yes, as long as it isn't over 180 days

[Krikit 1,165]

Yes, she's fine, Kodie. Here are a couple of helpful links for you:

US Customs & Border Protection FAQ

Visitation FAQ's (It's in the K-1 section but is still applicable.)

[kodie 0]

Visitation FAQ's (It's in the K-1 section but is still applicable.)

Is it still applicable? It doesn't change because we are now married???

[Krikit 1,165]

Visitation FAQ's (It's in the K-1 section but is still applicable.)

Is it still applicable? It doesn't change because we are now married???

No, the premise is still the same. You have to prove ties to your home country so they are satisfied that you will return to it.