Canadian visit U.S. while CR1 processing

[dmp7 0]

Hi Everyone,

I have been looking over the postings here and haven't found anything to answer my question, but I apologize if this is posted elsewhere. I am a Canadian citizen and my husband is American. We recently got married internationally. I am planning to apply for a CR1 or K3 visa and am wondering if I would be able to do either of the following:

(1) Enter the US on a B2 tourist status and then apply to change status (see section below from US Immigration Support website). It does not say who qualifies and who does not qualify to change status to permanent resident.

http://www.usimmigrationsupport.org/visa_b2.html

US Visitor Visa Change of Status: Individuals who enter the United States on a B-2 Tourist Visa are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to other nonimmigrant status, such as temporary workers (H-1B, H-2B, E-1, E-2, E-3, etc.), students under the F-1 Student Visa, or even to permanent United States residents (Green Card). Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of nonimmigrant visas (such as the B-2 Tourist Visa) over the Visa Waiver Program.

(2) Receive temporary permission to live in the U.S. while my CR1 application is being processed (see section below from immigration attorney website).

http://marriagebasedimmigration.com/

Once you've applied for a green card, it can be difficult, if not impossible, to visit the US during the processing period because you will be presumed to have the intent to stay permanently in the US when examined by an immigration officer at a port of entry to the U.S.A. However, new rules put in place in 2001 allow you and your children to apply for temporary visas to live in the US while awaiting the processing of your paperwork within the country.

Unfortunately the website says nothing about what this "temporary visa to live in the US" is. Any ideas?

Thanks!

[♥Stiggy♥ 0]

The temporary visa is the K3 until the CR1 is approved I believe

[Serendipity_ 0]

Hi Everyone,

I have been looking over the postings here and haven't found anything to answer my question, but I apologize if this is posted elsewhere. I am a Canadian citizen and my husband is American. We recently got married internationally. I am planning to apply for a CR1 or K3 visa and am wondering if I would be able to do either of the following:

(1) Enter the US on a B2 tourist status and then apply to change status (see section below from US Immigration Support website). It does not say who qualifies and who does not qualify to change status to permanent resident.

http://www.usimmigrationsupport.org/visa_b2.html

US Visitor Visa Change of Status: Individuals who enter the United States on a B-2 Tourist Visa are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to other nonimmigrant status, such as temporary workers (H-1B, H-2B, E-1, E-2, E-3, etc.), students under the F-1 Student Visa, or even to permanent United States residents (Green Card). Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of nonimmigrant visas (such as the B-2 Tourist Visa) over the Visa Waiver Program.

(2) Receive temporary permission to live in the U.S. while my CR1 application is being processed (see section below from immigration attorney website).

http://marriagebasedimmigration.com/

Once you've applied for a green card, it can be difficult, if not impossible, to visit the US during the processing period because you will be presumed to have the intent to stay permanently in the US when examined by an immigration officer at a port of entry to the U.S.A. However, new rules put in place in 2001 allow you and your children to apply for temporary visas to live in the US while awaiting the processing of your paperwork within the country.

Unfortunately the website says nothing about what this "temporary visa to live in the US" is. Any ideas?

Thanks!

You can visit the US while your CR1 is being processed as long as you can show strong ties to Canada i.e.... Proof of employment / Mortgage papers / rental agreement / utility bills etc etc.

I quite frequently travel across the border.

Unfortunately you cannot live in the US while your CR1 is being processed. Sorry

[dmp7 0]

Thanks Stiggy and Serendipity!

Wow, never thought K3 would be the "temporary" for when the CR1 is being processed because I hear they take just as long! Unfortunately I have been living overseas for 4 years, and I don't have any ties to Canada, except my family. No job, no house, no car. I had just planned to go home to visit for a few months in between jobs before I move to the U.S.

Hmmm . . . this might be tricky. Thanks again for the quick response!