Need some support

[cardl 0]

Hi everyone, I'd just like to start off by saying what a great help VJ has been for me and my husband. It's also a little comforting to know that there are others in the same boat as us.

Here's our situation: my husband and I were engaged earlier this year and had intended to file for a K-1 visa, so we could plan a wedding and invite our families and friends. Meanwhile, I had free time this summer and decided to visit my then fiance for 6 weeks. We crossed through the land border at Niagara Falls and ran into some problems because I stupidly didn't realize 6 weeks was a long time to stay and didn't bring with me any ties to Canada. We honest to God didn't have any intention to marry at the time, but of course it's not enough for the officer, who to his credit ended up being a decent guy and though he had every reason for denying me entry, he gave me an I-94. I had every intention of returning to Canada after my 6 week vacation, so that was totally fine with me and we were both very relieved I was able to visit with my fiance.

We are very much in love and we were thrilled that we could be together for such a long stretch of time (previously he was visiting me on weekends flying back and forth from the States) and that combined with the news I received from my parents last month that they probably will not be able to attend our wedding no matter what we do due to a complicated move overseas, my fiance and I caved in to our feelings and got married on a whim. We hadn't filed for a K-1 at the time, so we just went straight for the CR-1 after we got our marriage certificate.

Anyway, I have no intention of breaking any laws and I'm going to honor my I-94 and return to Canada by the date it expires, and we're also going to go through the visa paperwork properly. The thing is, after returning to Canada I will still want to visit my husband from time to time but I'm worried if I'll run into problems at the border! We plan on having me go back for a few weeks, come back to stay with him for a month or two, go back for a few weeks again and so on. I've read on here that others have done this, bringing ties to Canada with them for every trip and as long as you're honest and polite you should have no problems. I'm still freaking out though, because I'm a natural worrier and also paranoid so there's always that fear that my ties won't be sufficient etc.

My questions are:

1. Would having been given an I-94 before be on my record and would they grill me more than they would normally at customs because of it?

2. To others who are doing the CR-1 and are visiting your spouse, what do you say to the officer? I know there are people who have K-1 visas pending who are upfront and say the paperwork is being processed and all, but has anyone with a CR-1 pending done the same and say you are visiting an American husband/wife?

I know I don't have to tell them my life story and just say I'm going on vacation in the States (which is true), but if they decided to probe me further I will want to tell the truth, but at the same time don't want to be denied entry (because I understand even with ample proof of ties to Canada, I can be). Sorry for this long post, but if any words of advice or support would be greatly appreciated! I just want to cover all my bases and feel more confident because I'm stressing out so bad!

[Flames9_RN 358]

Welcome to VJ. This has to be the @#1 question asked on the Canada forum "can I visit the USA while the visa paperwork is pending?" lol majority have no problems at all, some do get questioned a bit more and the odd one does get denied entry--mostly because they have no evidence of ties to canada with them! I traveled monthly from Halifax to DC and never had 1 problem, but thats just me--For my free advice, read my signature below! ONE thing you NEVER want to do is lie!! They catch u in a lie, they can then ban you, then ur in for a real mess! beign denied entry (while telling the truth) isnt a big deal, but being banned is!! Always easier to remember the truth!! Best of luck and welcome to VJ, were a pretty tame/fun bunch in the canada section. Just don't cut down Tim Hortons coffee and you will fit in fine,lol

[cardl 0]

Thanks for your reply! And no cutting down Tim Hortons from me, I miss my double double

I've never had problems going to the States until that one time, and only because I was visiting for so long and had none of the documents on me. Before that, I'd always just said I was visiting my boyfriend and was perfectly fine, though they were all for short trips (like a weekend or a couple weeks). So I have never ever been asked for proof of ties to Canada, and was wondering if they only do those for long stays?

I guess another big question from me then is what is enough when it comes to proof of ties to Canada. I see in your signature that a letter from an employer and a copy of a lease are two biggies to bring with me but I am concerned about that too as I'm a freelance artist so I have no employer to ask for a letter and I currently live with my brother in Toronto. The lease is under his name, so no go on that either. I was thinking worse comes to worse I can have him draft up a sublease agreement and that would be a record of me paying my share of the rent each month. I also have credit card bills and phone bills as well as a bank statement, and of course I will have my itinerary with me with a return ticket. What else can strengthen my case?

[thetreble 19]

cardl, it looks like you have a good amount of evidence there, especially if you get your brother to write up some sort of agreement.

All you can do is try.

The only thing I would worry about, is you went in as a visitor and then got married. You are doing the right thing by applying for the CR-1, but it does look kinda shady. I'm sure it will be forgiven though.

[Krikit 1,165]

Welcome to VJ, cardl.

For more information on the visitation issue, please see the link in my signature. It's basically a hit-or-miss type scenario whenever you cross. Length of time you plan to stay in the US doesn't apply when it comes to depth of questioning. Even for short stays some of us have gone to secondary and some even denied. It's unpredictable. Carrying a copy of your visa application strengthens your case because it is proof you are abiding by the law and doing things legally. You have to return to Canada for your medical and interview so they can see for a fact that you will, at some point, leave the US.

[cardl 0]

cardl, it looks like you have a good amount of evidence there, especially if you get your brother to write up some sort of agreement.

All you can do is try.

The only thing I would worry about, is you went in as a visitor and then got married. You are doing the right thing by applying for the CR-1, but it does look kinda shady. I'm sure it will be forgiven though.

That's what I'm afraid of, that it's going to look really bad especially since they gave me an I-94. I really had no intention of getting married when entering the country but it ended up happening anyway, you're just so giddy and caught up in the moment. I already feel like I did something wrong, though as I understand it as long as I leave the country afterward I'm fine.

I've read some FAQs about visitation around here and they are predominantly fiances visiting each other while their K-1s are being processed. Are there any people like me with a CR-1 pending and are visiting their spouse and have gone through something similar?

[Flames9_RN 358]

I got married in the USA on a visitation, but then left back to Canada. nothing wrong with that at all! Now did I tell the POE officer I was getting married?? nope!! and he didn't ask,lol Only answer on what they ask, don't tell a life story, but dont make it look like ur hiding stuff!

[TimandJoyce 1]

I'm sorry I can't advise to much about CR-1, because I'm K-1, but congratulations on your marriage!! And I'm sure they understand about the "giddy" feelings.

I went to visit Tim for the whole month of April. I was hardly asked for ties, although my case is slightly different. I went to Greece first, ( very true,....I did that) and flew out and back to JFK. The man there was only concerned where I was going to be that night...not how long my stay in the States was!! ( Liking JFK now.. ) Be honest, be confident every step of the way.

Best wishes for a quick process!! And welcome to VJ!!

[bowflex 0]

I visited my wife in Canada every single weekend for 2 1/2 years and we didn't have any problems as I always just let them know I was going to visit my wife. Once I let them know we had a CR-1 pending I didn't have any troubles at all. Good luck!

[thetreble 19]

I got married in the USA on a visitation, but then left back to Canada. nothing wrong with that at all! Now did I tell the POE officer I was getting married?? nope!! and he didn't ask,lol Only answer on what they ask, don't tell a life story, but dont make it look like ur hiding stuff!

True. But did you get an I-94 at the border after the BP agent decided he wanted to give you one because he didn't think you were going to come back?

[Krikit 1,165]

I've read some FAQs about visitation around here and they are predominantly fiances visiting each other while their K-1s are being processed. Are there any people like me with a CR-1 pending and are visiting their spouse and have gone through something similar?

Fiance, husband, boyfriend, grandmother, son. It's all one-and-the-same to the CBP officers. You need to show that you are returning to Canada upon each entry.

CBP FAQ's - Visitation

Second last paragraph.

[cardl 0]

I got married in the USA on a visitation, but then left back to Canada. nothing wrong with that at all! Now did I tell the POE officer I was getting married?? nope!! and he didn't ask,lol Only answer on what they ask, don't tell a life story, but dont make it look like ur hiding stuff!

So after you went back to Canada and then went to the States again, did you tell the officer you were seeing a spouse when they asked what the purpose of your visitation was?

Edit: NM, saw the previous post...makes sense.

Edited July 21, 2009 by cardl

[cardl 0]

I visited my wife in Canada every single weekend for 2 1/2 years and we didn't have any problems as I always just let them know I was going to visit my wife. Once I let them know we had a CR-1 pending I didn't have any troubles at all. Good luck!

Wow, I totally understand that. My now husband visited me every single weekend too in Toronto, but only for a year. I am also hoping letting them know that I have a CR-1 pending when entering the States will help. Now that I've read some of the replies and the FAQ, I think I'm definitely going to be bringing my NOA1 (hopefully we'll get it soon!) and a copy of our I-130 package...like someone said earlier, I will have to go back to Canada for medical etc at some point and also I have no intention of jeopardizing the visa process.

Edited July 21, 2009 by cardl

[carslo 0]

Welcome and good luck with your journey - it will be over before you knowi t. I never had trouble, but I also used a Nexus pass to fly out of YVR to LAX for the last year. I always carried all the copies of the paperwork we had filed for immigration. I was never asked for anything in all of the almost 7 years I or Carnell travelled back and forth.

I know it is nerve racking and I relate to all of your anxieties! It is a ####### shoot at the border each time you cross.

Janet

Edited July 23, 2009 by carslo

[Bern. 3]

I'll tell you my story.

I went to the US last February to visit my now husband, he had a 10 day leave from the army so we arranged to meet in his home city. When I was crossing customs, I got asked the usual, ''who are you going to see, how long are you staying?'' I answered truthfully, and I even told him I was visiting my fiance.

The second day we were together again, we started to talk about things, everything, and like you, we married as well. On the way back, I mentioned that I had gotten married. Just because I didn't have anything else to say.

But yeah, bring strong ties to Canada and they should let you in no problem! Oh, and be polite, honest and calm (if you can)

Oh, and I'm like you on your worries/anxieties. I constantly over think everything and second guess myself. ESPECIALLY at POE.

Edited July 23, 2009 by Ber + Ter