My Canadian Wife

[kodie 0]

Hi. I posted this in a different place but I think maybe this is the best place for it. Thank you.

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

[wowswift 3]

yes, she can come as long is it isn't over 180 days. and the border guard is right...you have to convince them that she will return.

[raymaga 25]

If your wife is a Canadian citizen, she does not need a tourist visa to visit the U.S.

I visited my husband (he was my fiance at the time) several times while our K-1 visa was being processed.

Your wife will need lots of proof that she intends to return to Canada after her "visit" to the U.S. She may or may not be allowed to enter. It will depend on the border officer.

I was always very honest and gave very short and to the point answers when the border officers asked me any questions. I didn't offer any information not asked for. When they asked the point of my trip, I told them it was to visit my fiance. If they asked how long I intended to stay, I told them. I got asked for my most recent pay stub on one of my visits, as well as mortgage/lease documents.

[kodie 0]

yes, she can come as long is it isn't over 180 days. and the border guard is right...you have to convince them that she will return.

My concern is that we are already married. You were crossing to visit your fiance. My wife wants to cross to visit her husbend. Isn't this stupid that we all have to guess and share this info. We can't just call someone up who knows and ask them. : ( Imagine getting a straight answer from someone official

[wowswift 3]

yes, she can come as long is it isn't over 180 days. and the border guard is right...you have to convince them that she will return.

My concern is that we are already married. You were crossing to visit your fiance. My wife wants to cross to visit her husbend. Isn't this stupid that we all have to guess and share this info. We can't just call someone up who knows and ask them. : ( Imagine getting a straight answer from someone official

you wouldn't be the first married person to come into the states to visit their spouse. as the other person said, be prepared to prove your ties to Canada, they just want to make sure she isn't staying.

[Krikit 1,165]

Different forums don't get you different responses.

[MsZ 6]

My husband comes to the US several times per month to visit. If she's got proof of her ties to Canada she's in good shape. While a guard could choose to turn her back as it is at his discretion solely, there's also a good chance he won't.

When asked the purpose of his visit he says "going to see my wife" and then they ask for how long. They've asked him a time or two about visa status or if I'm a US Citizen and he answers honestly. I am a US Citizen and we have filed for a visa but it takes forever, etc. He's never had a problem with roughly 20+ crossings.

And further, you didn't break the law getting married. In fact, you probaly could have had her stay in the US and adjust status because you didn't use her work visa solely for the purpose of getting married. But that opportunity has past. You're doing the right thing now.

File your K-3 or CR application as soon as you can. It takes a lot longer than any of us prefer so the sooner the better.

[kodie 0]

Different forums don't get you different responses.

Dear Krikit, I am not new to the forum world. Sometimes certain people may not look at all forums because they may not apply to them. My attempt at spreading as wide a net as possible to find answers to my questions does not need to be approved by you. Thanks

[shiri 0]

Hi. I posted this in a different place but I think maybe this is the best place for it. Thank you.

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

My husband is Canadian and I would say they will let her come in, but is she driving or flying? I was told that my husband has to have a nonrefundable return flight back to Montreal for them to let him back into the country. He also has to show proof of ties, job, rent, utilities, bank and I am sure the school stuff would work too. Good luck!

[MsZ 6]

Oh, PS - she shouldn't carry more stuff than she needs for a trip of the appropriate length as it will raise suspicion.

[Flames9_RN 358]

I traveled monthly to DC while my CR-1 was processing and never had a problem I normally flew,but did drive down a few times as well. And yes some there is a possibiltiy one could be denied. My advice:

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 lying 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 didn't lie! Refer to #1

Best of luck

[MsZ 6]

Wow Flames, 3 months from application to visa... Dang. Those days are long gone, eh?

[Krikit 1,165]

Different forums don't get you different responses.

Dear Krikit, I am not new to the forum world. Sometimes certain people may not look at all forums because they may not apply to them. My attempt at spreading as wide a net as possible to find answers to my questions does not need to be approved by you. Thanks

I see. Well, good luck.

[Flames9_RN 358]

Wow Flames, 3 months from application to visa... Dang. Those days are long gone, eh?

Start to finish was 6 months,lol

[hheaven67 2]

My husband comes to the US several times per month to visit. If she's got proof of her ties to Canada she's in good shape. While a guard could choose to turn her back as it is at his discretion solely, there's also a good chance he won't.

When asked the purpose of his visit he says "going to see my wife" and then they ask for how long. They've asked him a time or two about visa status or if I'm a US Citizen and he answers honestly. I am a US Citizen and we have filed for a visa but it takes forever, etc. He's never had a problem with roughly 20+ crossings.

And further, you didn't break the law getting married. In fact, you probaly could have had her stay in the US and adjust status because you didn't use her work visa solely for the purpose of getting married. But that opportunity has past. You're doing the right thing now.

File your K-3 or CR application as soon as you can. It takes a lot longer than any of us prefer so the sooner the better.

Hindsight is 20/20 and I NEVER would've filed the I-129F knowing how much it slowed down the whole process...I would file the I-130 and then leave it alone, it's on it's way, the I-129F will start the 180 day waiting process all over again. Good luck!!

PS....made 5 trips to California, was NEVER asked WHO I was visiting just "is your trip business or pleasure"...I replied with "pleasure" and I was on my way....that was the only time I was asked anything but always took my most recent pay stub, rent receipts, letter from employer, utility bills in my name, son's school registration.

jen