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Hattrick

Visiting without 131

By Hattrick in Canada

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Hattrick Newbie

Hattrick   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

First post... long time reader.

My wife and I live in the US now (got her K1) and we don't have our 131 (travel document) yet.

She wants to go home for Christmas and we don't think we'll have it by then. Does anyone have any experience with this? Can she cross into Canada without it and come back without dire consequences? I know it says on the instructions for 131 that it'll abandon the 485, but the border guard told us that they were 'extremely lenient' with Canadian cases.

Anyway, experiences or advice please.

Cassie Mentor

Cassie   8

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted

If you leave without the paperwork in hand, and try to re-enter, she will be denied entry. Not all border guards are as lenient as the one you spoke to.

*Cheryl -- Nova Scotia ....... Jerry -- Oklahoma*

Jan 17, 2014 N-400 submitted

Jan 27, 2014 NOA received and cheque cashed

Feb 13, 2014 Biometrics scheduled

Nov 7, 2014 NOA received and interview scheduled


MAY IS NATIONAL STROKE AWARENESS MONTH
Educate Yourself on the Warning Signs of Stroke -- talk to me, I am a survivor!

"Life is as the little shadow that runs across the grass and loses itself in the sunset" ---Crowfoot

The true measure of a society is how those who have treat those who don't.

Hattrick Newbie

Hattrick   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
  • Author
Posted
If you leave without the paperwork in hand, and try to re-enter, she will be denied entry. Not all border guards are as lenient as the one you spoke to.

Thank you.

Do you (or anyone) know how the process works? When you cross the Canadian border (from the US) they ask for your passport or whatever and scan it... then that information goes to the Americans and they say "hmm she left, must have abandoned it"?

Or does it work the other way? When she comes back in she has to have the paperwork?

john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
When she comes back in she has to have the paperwork?

To get back in, she needs the paperwork. The paperwork is only valid if it was issued before she left.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

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07/08/2008 Driver's License renewed

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04/28/2009 Card received in the mail

Cassie Mentor

Cassie   8

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted
If you leave without the paperwork in hand, and try to re-enter, she will be denied entry. Not all border guards are as lenient as the one you spoke to.

Thank you.

Do you (or anyone) know how the process works? When you cross the Canadian border (from the US) they ask for your passport or whatever and scan it... then that information goes to the Americans and they say "hmm she left, must have abandoned it"?

Or does it work the other way? When she comes back in she has to have the paperwork?

The POE officers when re-entering the US will look at her passport, see the K-1 visa, think "hmmm look at the canceled visa, now where is her green card or AP papers?" and then, my friend, you will have some 'splaining to do :)

*Cheryl -- Nova Scotia ....... Jerry -- Oklahoma*

Jan 17, 2014 N-400 submitted

Jan 27, 2014 NOA received and cheque cashed

Feb 13, 2014 Biometrics scheduled

Nov 7, 2014 NOA received and interview scheduled


MAY IS NATIONAL STROKE AWARENESS MONTH
Educate Yourself on the Warning Signs of Stroke -- talk to me, I am a survivor!

"Life is as the little shadow that runs across the grass and loses itself in the sunset" ---Crowfoot

The true measure of a society is how those who have treat those who don't.

thetreble Experienced

thetreble   19

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Yes, she will need it. It took me almost 3 months to get my I-131 after filing it. Planning in this process is crazy.

"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

She cannot cross and come back without dire consequences. If she leaves without the I-131 (Advance Parole) or her green card, she will be denied re-entry and you will have to start the whole immigration process over again from the beginning, but this time going the spousal route (K-3 or CR-1). It isn't worth it, even for a Christmas visit. The border guard who 'cautioned' me on my K-1 arrival about not leaving with the I-131 said it was the saddest part of his job having to deny re-entry to Canadian spouses who failed to have the proper paperwork - but he did it because that was the law. Why not invite her family to come and visit you over Christmas instead?

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

zyggy Experienced

zyggy   9

Posted
Filed: Country: Canada
 Timeline
Posted

As a former INS Immigration inspector, I have to concur. I have send back a few individuals who didn't have the I-512 (Which is for form number for Advanced Parole) when they left the US and tried to re-enter. It was hard to do, but the law is clear on that matter. Sorry, she can't go back unless she wants to do the whole process over again.

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

Carlawarla Mentor

Carlawarla   1

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
First post... long time reader.

My wife and I live in the US now (got her K1) and we don't have our 131 (travel document) yet.

She wants to go home for Christmas and we don't think we'll have it by then. Does anyone have any experience with this? Can she cross into Canada without it and come back without dire consequences? I know it says on the instructions for 131 that it'll abandon the 485, but the border guard told us that they were 'extremely lenient' with Canadian cases.

Anyway, experiences or advice please.

I think you've had all the advise I'm sure you can stand at this point, telling you she can leave, but won't get back in if she leaves without AP. I can't tell however where you are in the process since you don't have your timeline filled in. When did you apply for her AOS? What does her case status say? Has her file been transferred? That might give us a general idea if there is at all a possibility that she might get it before Christmas. If anything, it might offer a glimmer of hope.

carlahmsb4.gif
Flames9_RN Grand Master

Flames9_RN   358

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

There was a VJ member that had a k1 visa and did go back to canada and come back to the usa a few times without the proper documents! THEN on one return trip to the USA she was DENIED. So she was stuck in Canada and had to start from square 1 with the k3 or cr-1!!

Canadians Visiting the USA while undergoing the visa process, my free 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, don't 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 isn't 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

 
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