Travel Restrictions when I-130 is pending / Toronto DCF

[sobby 0]

Hello there,

I am a US citizen recently(May/06) married to a Canadian permanent resident. My wife holds a 10-year US visitor's visa which is expiring in 2008. We got married in the USA. She had to return to Canada for personal reasons.

Q-1: I am about to file I-130 (the K-3 route). Will the filing in anyway impact her travels to the USA as a visitor when the K-3 applications are in progress?

Q-2: As a US Citizen non-resident of Toronto, should I even try the DCF in Toronto because my wife is a resident of Toronto?

Many thanks in advance.

[Cygnet 0]

Hi!

Q-1: Some Canadians have entered the US as a visitor while their visa application is processing (K-1, K-3, CR-1). Bring proof of ties to Canada and evidence that she will be coming back. However, it is still up to the border patrol agent to decide whether to let her in or not.

Q-2: I believe you, the USC, have to be a resident of Canada (for at least 6 months?) in order to do DCF.

Good luck!

[meauxna 15]

Hello there,

I am a US citizen recently(May/06) married to a Canadian permanent resident. My wife holds a 10-year US visitor's visa which is expiring in 2008. We got married in the USA. She had to return to Canada for personal reasons.

Q-1: I am about to file I-130 (the K-3 route). Will the filing in anyway impact her travels to the USA as a visitor when the K-3 applications are in progress?

Q-2: As a US Citizen non-resident of Toronto, should I even try the DCF in Toronto because my wife is a resident of Toronto?

Many thanks in advance.

Cygnet's reply is right on.

I would add: keep your mind open about the K-3 vs Immigrant Visa and don't be surprised if the I-130/IV skips ahead. The K-3 is never a guarantee of 'faster'. This confuses some people later on down the line, so just keep your eyes on both of these parallel processes.

Many people visit during the wait--she really has only the usual immigrant intent issues to keep in mind, so she should always be prepared to show that she lives in Canada and plans to until her immigration process is complete.

To file the I-130 in Canada (DCF), the USC must be normally resident in Canada. Have you lived in Canada for the past year? If not, sorry Charlie.

Good luck with it all!

[meauxna 15]

Hello there,

I am a US citizen recently(May/06) married to a Canadian permanent resident. My wife holds a 10-year US visitor's visa which is expiring in 2008. We got married in the USA. She had to return to Canada for personal reasons.

Q-1: I am about to file I-130 (the K-3 route). Will the filing in anyway impact her travels to the USA as a visitor when the K-3 applications are in progress?

Q-2: As a US Citizen non-resident of Toronto, should I even try the DCF in Toronto because my wife is a resident of Toronto?

Many thanks in advance.

Cygnet's reply is right on.

I would add: keep your mind open about the K-3 vs Immigrant Visa and don't be surprised if the I-130/IV skips ahead. The K-3 is never a guarantee of 'faster'. This confuses some people later on down the line, so just keep your eyes on both of these parallel processes.

Many people visit during the wait--she really has only the usual immigrant intent issues to keep in mind, so she should always be prepared to show that she lives in Canada and plans to until her immigration process is complete.

To file the I-130 in Canada (DCF), the USC must be normally resident in Canada. Have you lived in Canada for the past year? If not, sorry Charlie.

Good luck with it all!

[zizi 0]

I wouldn't recommend travelling to the U.S. Personally, I wasn't allowed and had to sign a withdrawl untill I have my paperwork finished. I'm amazed when I hear people getting through easily. I think it depends on your luck.

If you bring enough proof your returning maybe it would work.

[riblet 0]

I wouldn't recommend travelling to the U.S. Personally, I wasn't allowed and had to sign a withdrawl untill I have my paperwork finished. I'm amazed when I hear people getting through easily. I think it depends on your luck.

If you bring enough proof your returning maybe it would work.

I am about to be USC (interview in 2 days). I have already filed a I130 for my husband who is in Canada. He has come to visit twice subsequently, and came with no trouble both times. He brought a statement from his employer that he was required to be back on a certain date. If you give them reason to believe that you don't plan to stay, it's been successful for us. But no guarantee of course!

Edited July 10, 2006 by riblet

[meauxna 15]

I am about to be USC (interview in 2 days).

Hey, woohoo! Best wishes for a great interview and speedy oath ceremony!

[Reba 2]

Hello there,

I am a US citizen recently(May/06) married to a Canadian permanent resident. My wife holds a 10-year US visitor's visa which is expiring in 2008. We got married in the USA. She had to return to Canada for personal reasons.

Q-1: I am about to file I-130 (the K-3 route). Will the filing in anyway impact her travels to the USA as a visitor when the K-3 applications are in progress?

Q-2: As a US Citizen non-resident of Toronto, should I even try the DCF in Toronto because my wife is a resident of Toronto?

Many thanks in advance.

being able to travel to the US as a tourist may now depend on her country of origin unfortunately. Despite the tourist visa in her passport, they can still deny her entry, and could even if she was a Canadian citizen. Its the I-130 petition in her name that shows immigrant intent, and going as a tourist while its processing can somtimes signal to the border officials that we're trying to get around it for some reason or other. The burden of proof is Always on the traveller to show that they have no intention of entering the US to stay illegally. Take a letter from your employer saying you're on approved vacation leave and expected to return on XX date. Take a letter from landlord that says there is a lease/rental agreement, or copy of mortgage agreement that shows you have property obligations. Stuff like that. Even then its no guarantee, but you can't win if you don't play as they say