Visiting the US while waiting

[CHD 0]

I'm under the impression that attempting to cross the border while awaiting my immigrant visa would result in being considered an 'intending immigrant' and being denied entry. But if I can prove ties (job, apartment, bills, bank account) is it possible that I'd be admitted regardless? I was able to go visit in February without any hassles despite our previously withdrawn AOS attempt, but we hadn't reapplied at that time (we actually assembled and sent the new I-130 during that visit). I know that my husband visits me fairly regularly, but I'd really like to go there so I can visit my in-laws, see our dog, and meet our new nephew. Has anyone been able to successfully visit the US while awaiting their visa? And if so, what questions were you asked and what evidence did they request to see?

[cmnb 0]

I'm under the impression that attempting to cross the border while awaiting my immigrant visa would result in being considered an 'intending immigrant' and being denied entry. But if I can prove ties (job, apartment, bills, bank account) is it possible that I'd be admitted regardless? I was able to go visit in February without any hassles despite our previously withdrawn AOS attempt, but we hadn't reapplied at that time (we actually assembled and sent the new I-130 during that visit). I know that my husband visits me fairly regularly, but I'd really like to go there so I can visit my in-laws, see our dog, and meet our new nephew. Has anyone been able to successfully visit the US while awaiting their visa? And if so, what questions were you asked and what evidence did they request to see?

i have talked to 3 lawyers and they all have said that my wife shud not visit the states now as i have already filed for her...she has a business and a visitor visa but they dont want her to attempt entry coz that cud work against her..somehow! i dont know how and why..she is going to b an immigrant anyway so how does it matter if she enters as an intended immigrant....totally above me! but i am not goin to take the risk if the lawyers dont want me to..all three of them might b saying this for a reason..

[raymaga 25]

While my husband (USC) and I (Canadian citizen) were going through our K-1 visa process, I visited him frequentl (by car) with no problems, as long as I could show proof of ties to Canada, such as my most recent pay stub, lease/mortgage papers, etc.

I answered their questions honestly and told them I was visiting my fiance. I only gave them the information they requested, and nothing more.

[ROZA 0]

In case of canadian citizen visiting US spouse is not a problem as my friend did earlier with no hitches but other countries(specially middle east) citizen's visit to us can arrise situation of admin processing.

[Karaoke 0]

did they ever request to see those "ties"?

I've visited twice, they never asked. They only ask for profession and intent stay, they never asked me anything USCIS-related, like if they didn't know or didn't care.

Not sure if when they scan your passport they know at once..

While my husband (USC) and I (Canadian citizen) were going through our K-1 visa process, I visited him frequentl (by car) with no problems, as long as I could show proof of ties to Canada, such as my most recent pay stub, lease/mortgage papers, etc.

I answered their questions honestly and told them I was visiting my fiance. I only gave them the information they requested, and nothing more.

[whisper2me 0]

Bottom line is whether or not you are prepared to take a gamble. At least you live relatively close to the U.S A return ticket from here is around $2300. I would also take a copy of your initial petition and have the original NOA1 with you so that you can show that you are following protocol and say you were visiting your loved one while waiting for your interview.

[MsZ 6]

My husband drives into the US on a regular basis. While he brings ties with him, they've never requested them. He's told them he's visiting his wife and they often ask which of us is moving and he says that he is. He tells them that we've filed an I-130 and that we've been waiting (and waiting and waiting). They have never given him any trouble. Once he did get the full workup (requested to pull over, fill out paperwork, etc.) but they assured him it was only because he was lucky #200 through that line and it appears that it was the case because again, they didn't ask to see any proof of ties.

He's here now. He was here 2 weeks ago. About 2 weeks before that, etc. etc. etc. We took a vacation together in his car through New England and then took a ferry into Nova Scotia, drove through New Brunswick and back into Maine. The guard there questioned us and we thought for a moment that he was going to tell us no, but then he just reminded my husband that he can't stay for more than 6 months. We were in a veeerrrry small sports car so there was no danger of it looking as though he were moving into the US via that route.

The truth is, there is no legal reason for a guard to prevent you from entering the US. It is up to their discretion. So if you get a guard who adheres to the "no visiting" rule, that's the way it is. But our experience has been very good through NY and Maine.

[KimandRuss 0]

Lots of people visit. I'm not sure why lawyers would tell you not to.

My fiance was denied entry but ... he was basically living in the US on the VWP for a year while we waited out my divorce. We pushed our luck! He still got in 5 times in two years without any ties to home and stayed 90 days each time.

Whether you have a spouse/fiance in the US or not, everyone is subject to discretion at the border. Bring ties...tell the truth..and chances are you'll be fine.

good luck

[CHD 0]

Thank you so much for your replies and sharing your experiences. I think I'll go visit for our anniversary.

[Catt 6]

did they ever request to see those "ties"?

I've visited twice, they never asked. They only ask for profession and intent stay, they never asked me anything USCIS-related, like if they didn't know or didn't care.

Not sure if when they scan your passport they know at once..

I have also visited the US while our K-3 visa application was pending as well. Like in Charisma's case, the POE officer only asked me "are you here for business or pleasure?" and that was it.

If you go visit, do take proof of sufficient ties to your home country, just to be sure, because they CAN ask it. I took a letter of my firm and proof of payment of rent, and had a (non refundable) return ticket etc.

Edited July 27, 2008 by Catt