Canadian spouse visiting US spouse in US while waiting?

[LeprechaunSean 0]

So it seems a little hazy on this subject, I'm trying to find out what happens at the border if my wife and son try to come visit me after I've filed their two I-130's at the vancouver consolate. I know canadians are allowed up to six months in the US, but I've heard horror stories about people being refused entry because of 'immigrant intent." I'm american, but I've been living in canada forever, if I go start my job in the states, will they stop my wife and son at the border? I'm really not ready to spend months away from my family. Anybody that has experience with DCF and wait times, border crossings, etc....I'd love to hear from you. Oh yeah, my wife will have a permanent address here in canada, and a return ticket, etc.

[Chica Yeyé 41]

For filing DCF, you both have to still reside in Canada.

As for visits, she would have to prove she has ties to Canada each time she attempts the cross, and even with those she can be denied entry. It's a gamble.

[Otto 83]

The border crossing experience should be pretty much the same as it has been for them in the past - in other words, there was always the potential to be denied entry.

Your wife should bring copies of all evidence of ties to Canada with her (i.e., mortgage, lease, school registration, employment, etc). Basically to prove (if asked) that she has plenty of reason to return to Canada and not 'spontaneously' remain in the US.

[trailmix 77]

So it seems a little hazy on this subject, I'm trying to find out what happens at the border if my wife and son try to come visit me after I've filed their two I-130's at the vancouver consolate. I know canadians are allowed up to six months in the US, but I've heard horror stories about people being refused entry because of 'immigrant intent." I'm american, but I've been living in canada forever, if I go start my job in the states, will they stop my wife and son at the border? I'm really not ready to spend months away from my family. Anybody that has experience with DCF and wait times, border crossings, etc....I'd love to hear from you. Oh yeah, my wife will have a permanent address here in canada, and a return ticket, etc.

I assume from what you are saying here that you have not moved out of Canada yet, so it is entirely possible you can still DCF.

As for visiting, yes, they can, however they need to bring proof of ties to Canada. At all times it's up to the border person at the POE to decide if a person has immigrant intent.

[LeprechaunSean 0]

For filing DCF, you both have to still reside in Canada.

As for visits, she would have to prove she has ties to Canada each time she attempts the cross, and even with those she can be denied entry. It's a gamble.

yeah that's basically what I've read so far. So the more she can show the border guards proving she plans on returning, the better.

[trailmix 77]

For filing DCF, you both have to still reside in Canada.

As for visits, she would have to prove she has ties to Canada each time she attempts the cross, and even with those she can be denied entry. It's a gamble.

yeah that's basically what I've read so far. So the more she can show the border guards proving she plans on returning, the better.

Lots of good information in the Canada forum about visiting as well:

http://www.visajourney.com/forums/index.php?showforum=93

When are you moving to the States?

Edited June 11, 2009 by trailmix

[LeprechaunSean 0]

any opinions on which POE's are more or less strict? I was thinking my wife could fly out of vancouver instead of crossing the land border to bellingham and flying from there, just because the airports seem a little more intent on getting people through the line up....

[LeprechaunSean 0]

For filing DCF, you both have to still reside in Canada.

As for visits, she would have to prove she has ties to Canada each time she attempts the cross, and even with those she can be denied entry. It's a gamble.

yeah that's basically what I've read so far. So the more she can show the border guards proving she plans on returning, the better.

Lots of good information in the Canada forum about visiting as well:

http://www.visajourney.com/forums/index.php?showforum=93

When are you moving to the States?

probably the end of the month, I've already got the job, I'll be filing the I-130's within the next two weeks, so after tthat I'll be taking a uhaul all the way down to phoenix. But I've got a few visits to the consulate still to make, I need to file my taxes with the IRS (still not sure if it's three years or seven), have to get my US passport (long story, had to get a new birth cerificate), so I've still got a lot of hoops to jump through............and I'm still trying to wrap my head around the whole process.

[trailmix 77]

probably the end of the month, I've already got the job, I'll be filing the I-130's within the next two weeks, so after tthat I'll be taking a uhaul all the way down to phoenix. But I've got a few visits to the consulate still to make, I need to file my taxes with the IRS (still not sure if it's three years or seven), have to get my US passport (long story, had to get a new birth cerificate), so I've still got a lot of hoops to jump through............and I'm still trying to wrap my head around the whole process.

I had never filed U.S. taxes - after speaking with someone at the IRS, I filed 3 years worth. Once those were processed I requested they fax the transcripts to me - which they did, on the spot.

The tax returns do not come in to play until you file the I-864 (affidavit of support) - so they are not needed to file the initial application.

As soon as you get one or the other - the passport or birth certificate, you should be able to go ahead and file directly at your local consulate.

Edited June 11, 2009 by trailmix

[Chica Yeyé 41]

But can he file for DCF if he no longer lives abroad? I am not so sure about that.

[trailmix 77]

But can he file for DCF if he no longer lives abroad? I am not so sure about that.

He is still living there - for the next two weeks - no reason why he can't do it now.

[LeprechaunSean 0]

I will be here until all the paperwork for my family is done, I just hope it doesn't take more than a few weeks.....

[trailmix 77]

I will be here until all the paperwork for my family is done, I just hope it doesn't take more than a few weeks.....

Paperwork as in filing the I-130 at the consulate - they should probably approve that on the spot.

Then - they will contact you and have you submit other documents. Once that is done you will be put in the queue for an interview at Montreal - that can take from 2-3 months to be scheduled.

Since you are living in Vancouver - if the fact that your wife will not be able to work in the U.S. right away is not an issue and that you will have to adjust her status (more money, more paperwork) once you all move to the U.S. - you may want to consider filing for a K3 visa instead. At least some of the additional cost is offset by the fact that she won't have to go all the way to Montreal for the interview - she can interview in Vancouver.

Edited June 11, 2009 by trailmix

[LeprechaunSean 0]

I will be here until all the paperwork for my family is done, I just hope it doesn't take more than a few weeks.....

Paperwork as in filing the I-130 at the consulate - they should probably approve that on the spot.

Then - they will contact you and have you submit other documents. Once that is done you will be put in the queue for an interview at Montreal - that can take from 2-3 months to be scheduled.

Since you are living in Vancouver - if the fact that your wife will not be able to work in the U.S. right away is not an issue and that you will have to adjust her status (more money, more paperwork) once you all move to the U.S. - you may want to consider filing for a K3 visa instead. At least some of the additional cost is offset by the fact that she won't have to go all the way to Montreal for the interview - she can interview in Vancouver.

So if, after I apply for the I-130's, I apply for the K3, she doesn't have to do the Montreal interview? I didn't know that. That's fine that she doesn't work, I make more than enough. What exactly is the 'adjustment of status' ?

[trailmix 77]

There are two consulates which process family based visas in Canada, Montreal and Vancouver.

IR1/CR1

All IR1 /CR1 and IR5 visas will be processed/interview at Montreal.

K Visas

K visas are processed/interviewed at both Montreal and Vancouver, depending on your Province of Residence:

Manitoba and West: Vancouver

Ontario and East: Montreal

http://www.visajourney.com/wiki/index.php/Canada

It would probably be a good idea for you to read the guides to find out which one suits you best.

- You can file for an IR1 visa - submit your I-130 at the Vancouver consulate - submit more paperwork - your wife will interview in Montreal.

- You can file for a K3 visa - submit your I-130 via mail (not directly to the consulate) - your wife will interview in Vancouver.

There is info on adjusting status in the guides.

It's somewhat of a toss up. Vancouver tends to schedule interviews faster - so that is an upside there - however with direct consular filing you don't have to go through that 3-6 month wait to get your I-130 approved.

I would also recommend you visit the Canada forum as there are timeline threads for both Montreal and Vancouver and you can ask questions of people who are waiting for interviews or I-130 approvals right now.

Edited June 11, 2009 by trailmix