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Filed: Citizen (pnd) Country: England
Timeline
Posted
Also it would be illegal for me to go their on "visit" and then try to apply for whatever visa?

Basically the answer to this is yes.

In a nutshell - if you enter the U.S., claiming you are going to visit and then trying to adjust your status - then what have you done? You have lied to the border officer when asked your intent when entering the U.S. Pretty much anytime you have to lie to a border officer, what you are doing is probably not legal :lol:

If it was ok for anyone to just cross in to the U.S. and stay then there would be no such thing as a K1 or K3 visa - there would be no need.

Now, of course, in the real world people probably do this all the time and don't get caught - however - and this is a big however - if you do get caught - my understanding is that you will be banned from entering the U.S. - that's a pretty big gamble in my opinion.

Try not to feel hopeless, really immigration is just a legal process you have to go through to live in another country - it's really not so hard, although it does involve having patience.

Your best bet is to read the guides and inform yourself about K3 visas and CR1 visas, so that when the time comes you will be ready to file to move to the U.S.

In the meantime, your only real, legal option is to visit your Husband to be while your file is being processed.

Thanks Carla! I was really just addressing this part of the conversation, since I think the OP is really stiill trying to ascertain all options available to them at the moment. :star:

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
Well, if you are only going to apply for a K1, K3 or CR/IR1 and then go back to Canada and wait it out, that is perfectly A-OK. My fiance was visiting me in the US when we sent off the I-129f packet and that is legal. Now that you know you need a visa, if you come here, get married and apply to adjust status, then that is illegal.

No, not at this time julez. She's going to have her fiance...soon to be husband emigrate to Canada. So, no 129F, no CR/IR1, at least not yet.

Just remember to bring lots of evidence of ties to Canada. I'd have your employer write out that you're currently on maternity leave, and when you're expected back. Make sure it's on company letterhead as well. Just be honest candbacon, tell them he's going to be immigrating to Canada, and you're just going down for the holiday season. When you're married, it won't make it any easier or harder to visit either, so don't worry about that.

Enjoy your holiday!

Thank you so much Carla, I feel a bit more level headed today. Last night I couldn't sleep, because I was just so worried. I hope and will just think positive that I will have no troubles flying out on sunday. Just wanted to make sure that if we get married that I wouldn't be banned from entering to visit him or something crazy like that.

Enjoy your holidays as well!!

Also it would be illegal for me to go their on "visit" and then try to apply for whatever visa?

Basically the answer to this is yes.

In a nutshell - if you enter the U.S., claiming you are going to visit and then trying to adjust your status - then what have you done? You have lied to the border officer when asked your intent when entering the U.S. Pretty much anytime you have to lie to a border officer, what you are doing is probably not legal :lol:

If it was ok for anyone to just cross in to the U.S. and stay then there would be no such thing as a K1 or K3 visa - there would be no need.

Now, of course, in the real world people probably do this all the time and don't get caught - however - and this is a big however - if you do get caught - my understanding is that you will be banned from entering the U.S. - that's a pretty big gamble in my opinion.

Try not to feel hopeless, really immigration is just a legal process you have to go through to live in another country - it's really not so hard, although it does involve having patience.

Your best bet is to read the guides and inform yourself about K3 visas and CR1 visas, so that when the time comes you will be ready to file to move to the U.S.

In the meantime, your only real, legal option is to visit your Husband to be while your file is being processed.

Thanks Carla! I was really just addressing this part of the conversation, since I think the OP is really stiill trying to ascertain all options available to them at the moment. :star:

Thanks Juelz for your response!!

Chantéa's USCIS Journey:

2010 Jul 17 -- Filed I-130

2010 Aug 4 -- NOA 1

2010 Aug 9 -- NOA 1 Hardcopy

2010 Nov 2 -- Transferred from CSC to TSC

2010 Nov 24--Touched

2011 Feb 9 -- Touched

2011 Feb 10--Transferred BACK to CSC *rolls eyes*

2011 Feb 11-- Touched AGAIN (uscis office)

2011 Feb 25--email notification of APPROVAL!!!! (Thank ya Jesus)

2011 Mar 3--NOA2 Hardcopy

Your I-130 was approved in 205 days from your NOA1 date.

Chantéa's NVC Journey:

2011 Mar 8--received case # dated Mar 7, sent OPTIN email for electronic processing with attached DS-3032 form.

2011 Mar 9--received IIN and Beneficiary ID #, AOS bill invoiced/paid, submitted DS-261 (Choice of Agent)

2011 Mar 11--AOS bill shows as PAID and IV bill invoiced

2011 Mar 14--paid IV bill

2011 Mar 16-- IV bill shows as PAID

2011 Apr 11--submitted AOS and IV package and resent OPTIN email

2011 Apr 12--received OPTIN acceptance email

2011 Apr 13--received email notifying that my AOS and IV package was received

2011 May 4--received RFE email

2011 May 5--resent both packages

2011 May 14--received RFE email

2011 May 30--sent in missing document

2011 June 6--received CC email (Case Complete) and SIF (Sign in Failed)

2011 June 14-- interview date assigned for July 20!!

2011 Jul 11--Medical at Dr. Seiden & Associates

2011 Jul 20-- The big day

Filed: Timeline
Posted

It's always a guessing game as to how a border officer will be once you present yourself to them. The majority of us have never been refused entry but there is always those few who do get turned back..... But they do appear to be legitimate denials. Definitely let them know (if they ask) that the intent is for your fiancé to immigrate to Canada and not the other way around. I find this link to be most helpful for people visiting the US: Visitation FAQ's.

I don't know how successful you'll be with this but you may be interested in applying for The Nexus Program. That way you can have your one-time indepth interview with them and get it over with rather than facing this worry each time you visit.

Good luck with everything! :)

iagree.gif
Posted

We have been married for over a year now, traveling back and forth regularly without a problem. In fact, I think it has been easier since we got married. They always ask about immigration plans -- who is going where -- and we tell them where we are in the process. There was only one time where I thought we might get stopped and that was crossing into Maine and the guy hesitated before warning that my husband couldn't stay in the US for long. We repeated what we know of the rules for visitiing and he was satisfied.

So far my husband has crossed at 3 different points so our experience is getting broader.

Be honest. Be courteous. Be confident. Have your ducks in a row. And don't get frazzled even if they seem to be giving you a hard time. You are very much allowed to visit at the discretion of the border guard. So the border guard is your friend! :-)

He did have to go through the whole "search the vehicle and fill out paperwork" thing once, but that was because he was the lucky 200th crosser. They assured him it had nothing to do with his pending immigration status (we're a CR1). It was just the luck of the draw.

Sent I-130 to VT 25-Oct-2007

I-130 Moved to California 6-August-2008

My petition has been in 3 states (1, twice) in 9 months!

Rec'd by CSC 8/9, touched 8/11, 8/12, 8/15, 8/20, 8/25

Approved Tuesday, 25-August-2008

10 months since we mailed the petition

Rec'd NVC 9/3, Invoice Generated 9/10, DS-3032 emailed 9/11.

Rec'd AOS invoice 9/15, paid online 9/15, Accepted as Paid 9/18, mailed I-864EZ 9/19

IV Invoiced 9/18, paid online 9/19, Accepted as paid 9/22

DS-230 sent 10/2

Case complete @NVC 10/8 - 11 months, 1 week and 6 days

Interview in Montreal December 18, 2008 - scheduled 1 year, 1 week and 3 days after the start of our journey. Takes place 1 year, 1 month, 3 weeks and 2 days after the start...

[X] Passed [ ] Failed Interview

Thursday, April 2, 2009 Activated Visa - 1 year, 5 months, 1 week and 1 day

Posted

If you HAVE begun the process of getting the waivers and things you need in order for your partner to immigrate to Canada, you could even bring that paperwork along with you too, to show that you are in some kind of legal immigration process "the other way." Getting that stuff rolling is a big commitment and therefore might show that you really mean what you say—that HE is coming to YOU eventually!

Concurrent I-130 and AOS

Nov 30 2007 - I enter US as a tourist to spend the ski season with my sweetie and figure out what we both want outta life - we plan on ending up in Canada, but...

Jan 30 2008 - We get married in Vegas! We decide to stay in the US.

Feb 08 2008 - File I-130, I-485, AP and EAD

Feb 11 2008 - Package arrives in Chicago

Feb 19 2008 - Receive NOA 1 for everything except I-485. NOA date Feb 15th

Feb 19 2008 - Touch I-130, AP, EAD

Feb 21 2008 - Receive I-485 NOA 1. NOA Date Feb 15th

Feb 22 2008 - Receive Biometrics notice, dated Feb 20th, for appointment March 11th

Feb 27 2008 - Walk in to Denver field office and have Biometrics taken early as the 11th March I'll be away

Apr 16 2008 - EAD card production ordered

Apr 16 2008 - AP approval sent

Apr 21 2008 - AP received in mail

Apr 21 2008 - EAD card production email received again - strange

Apr 24 2008 - EAD card approval notice sent email

Apr 26 2008 - EAD card received

May 03 2008 - Interview notice received -June 27th

May 22 2008 - Touch on I-485

June 09 2008 - I-130 finally shows up online and shows a touch that day, so does I-485

Jun 27 2008 - Interview - approved, stamped, received card production email. Ya-hoo!!!!

July 10 2008 - Card received

Total time from filing - approval: 4.5 months

MOVED TO SAN DIEGO!!

Lifting of Conditions

June 11 2010 - Package mailed

June 16 2010 - NOA date

July 2 2010 - Bio letter received - July 27th date

July 9 2010 - Early biometrics walk in San Marcos CA

Sept 16 2010 - Card production ordered

Filed: Other Timeline
Posted

I haven't read every post in this thread, but I have a bit of experience with the Canadian Rehabilitation process because my hubby has a record too, so if you need some help I'd be glad to point you in the right direction and whatnot. There's not many folks (maybe 3, and I'm one of 'em) on Road To Canada with experience with the Rehab stuff.

Also, for the first 3 years of our marriage I was easily able to travel back and forth to the US and he was unable to visit Canada. All I ever had to say was that the intent was for him to move to Canada, we're just waiting on paperwork, and they'd waive me thru. When that didn't work out, (CIC kept losing shi t) we started the process for me to move to the US, and here I am.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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

Thanks Everyone for your responses. I was so FRAZZLED to say the least. Well me and baby made it across to the U.S this passing Sunday and the I/O did question me a bit, but he was nice. He asked if my boyfriend was my child's father, what I do currently in Canada (Maternity leave) and if I will be returning. He asked what my boyfriends Occupation was. He asked me a question (can't remember now) but i ended up explaining that my boyfriend has been denied entry and that we are working on his pardon and rehab, and he said why don't you just apply for a K-1....well i played dumb with that one, because i wasn't sure if it was a trick question, i was like "what is that?" Then he said a visa for me to get married and stay there, however i said clearly and boldly to him "I DON'T WANT TO LIVE IN THE U.S" i wasn't rude, but i had to lay it out on the line. I mean we will move back there, but as of right now I don't have any intentions to leave Canada, not for at least the next few years. Well as soon as I said that he stamped my paper and said, Have a great trip! lol...So my lesson is my magic words are "I DON'T WANT TO LIVE IN THE U.S" lol. I had so much documents, bank statements, bills, lease, letter from employer, letter from familiy member, all for NOTHING! I will keep it though, because all my future trips may not be as lucky. Well I'll be enjoying this Florida weather as Canada is FREZZING right now. Thanks again. I will keep you updated, and maybe i will start a timeline soon, when we get our paperwork for immigration started. We are leaning towards getting married soon, so I may be a wife in the New Year. Thanks again!

I haven't read every post in this thread, but I have a bit of experience with the Canadian Rehabilitation process because my hubby has a record too, so if you need some help I'd be glad to point you in the right direction and whatnot. There's not many folks (maybe 3, and I'm one of 'em) on Road To Canada with experience with the Rehab stuff.

Also, for the first 3 years of our marriage I was easily able to travel back and forth to the US and he was unable to visit Canada. All I ever had to say was that the intent was for him to move to Canada, we're just waiting on paperwork, and they'd waive me thru. When that didn't work out, (CIC kept losing shi t) we started the process for me to move to the US, and here I am.

Thanks Reba. I will definitly have some questions for you very soon.

Chantéa's USCIS Journey:

2010 Jul 17 -- Filed I-130

2010 Aug 4 -- NOA 1

2010 Aug 9 -- NOA 1 Hardcopy

2010 Nov 2 -- Transferred from CSC to TSC

2010 Nov 24--Touched

2011 Feb 9 -- Touched

2011 Feb 10--Transferred BACK to CSC *rolls eyes*

2011 Feb 11-- Touched AGAIN (uscis office)

2011 Feb 25--email notification of APPROVAL!!!! (Thank ya Jesus)

2011 Mar 3--NOA2 Hardcopy

Your I-130 was approved in 205 days from your NOA1 date.

Chantéa's NVC Journey:

2011 Mar 8--received case # dated Mar 7, sent OPTIN email for electronic processing with attached DS-3032 form.

2011 Mar 9--received IIN and Beneficiary ID #, AOS bill invoiced/paid, submitted DS-261 (Choice of Agent)

2011 Mar 11--AOS bill shows as PAID and IV bill invoiced

2011 Mar 14--paid IV bill

2011 Mar 16-- IV bill shows as PAID

2011 Apr 11--submitted AOS and IV package and resent OPTIN email

2011 Apr 12--received OPTIN acceptance email

2011 Apr 13--received email notifying that my AOS and IV package was received

2011 May 4--received RFE email

2011 May 5--resent both packages

2011 May 14--received RFE email

2011 May 30--sent in missing document

2011 June 6--received CC email (Case Complete) and SIF (Sign in Failed)

2011 June 14-- interview date assigned for July 20!!

2011 Jul 11--Medical at Dr. Seiden & Associates

2011 Jul 20-- The big day

 
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