Stopped at the border - visiting before CR-1 complete

[Wyatt's Torch 45]

It's true -- the best bet is that you guys just stick it out, having a brief visit or two while your wife keeps working.

I'm pretty sure her name will be flagged in the computer system at the border -- I'm pretty sure mine is, at least, based solely on immigration status -- which means they will likely ask more questions.

I had strongly considered a lengthy trip to visit my wife, but ultimately decided on a ten-day trip instead...and even THAT got me a rather intense grilling from a POE officer and a request to see my return flight itinerary.

When you're so close -- and I would also venture to guess that a January or February date is almost certain for you -- the risk for her crossing is too great. Not that it would have any effect on the immigration process...but the potential for disappointment, plus the lack of job for her to return to etc. could be severely dejecting.

[muchogrande 0]

Yeah we're just going to stick it out. Thing is, we have yet to even get anything back after sending in the I-130, and that is getting close to 2 months ago. From what I read on the forum that is longer than average, so I doubt much will happen in jan/feb if things move at this rate. In fact, I'm starting to think it might be better for us to stop/delay the application, move back to canada, and then go for an IR-1 instead. Probably impossible at this point...ugh.

It's true -- the best bet is that you guys just stick it out, having a brief visit or two while your wife keeps working.

I'm pretty sure her name will be flagged in the computer system at the border -- I'm pretty sure mine is, at least, based solely on immigration status -- which means they will likely ask more questions.

I had strongly considered a lengthy trip to visit my wife, but ultimately decided on a ten-day trip instead...and even THAT got me a rather intense grilling from a POE officer and a request to see my return flight itinerary.

When you're so close -- and I would also venture to guess that a January or February date is almost certain for you -- the risk for her crossing is too great. Not that it would have any effect on the immigration process...but the potential for disappointment, plus the lack of job for her to return to etc. could be severely dejecting.

[trailmix 77]

So all you have so far is your NOA1 - received in early November - basically a receipt.

So now you wait for your NOA2. The key at this point is to have your DS-230 ready and your I-864, all the documents collected, both forms filled out and ready to be couriered to NVC.

Once you get that NOA2 and get your case number from NVC and pay your bills, it's time to send that stuff in, if you are ready to go you could potentially fly through NVC in a couple of weeks. Once that is done all you have left to do is wait for an interview date.

If you did decide to move up to Canada in the interim, there will be the issue of support (can you telecommute?) also the issue of domicile. Now that personally wouldn't stop me - but hey, that's me!

I guess all i'm really saying is that this wait between NOAs is your opportunity to be incredibly on top of everything and ready when that NOA2 shows up.

Edited December 15, 2009 by trailmix

[muchogrande 0]

As always, thanks Trailmix -- so is the NOA1 just the small receipt slip I got from the canadian embassy when I filed the I-130? (DCF)

The IO at the border looked for our application in the computer and found nothing, she said that they must not have even started processing it (that was almost 4 weeks after submitting the I-130 paperwork at the embassy in vancouver) -- from what she said I assumed I would be receiving something more. If this is unusual, is there any way I can find out what is going on? We've not received a single thing in the mail since filing the I-130.

We've got all our docs in a row for the NOA2, but again, since we are DCF Im not sure we're going to move that fast (from what I read here Montreal is swamped and moving slow)

My work is highly mobile, so thats no issue, and I can set things up here in the US for domicile.

Anyhow, this is changing the topic -- but I am actually wondering at this point if we can cancel/postpone things and do this later when we would qualify for an IR-1. My work situation no longer calls for me to be in the US till I chose to be, and I'd love to be able to end this process when she crosses the border, instead of the 2 year renewal process.

I'm planning to talk to an attorney but wondering if anyone (trailmix?) might have advice on this?

So all you have so far is your NOA1 - received in early November - basically a receipt.

So now you wait for your NOA2. The key at this point is to have your DS-230 ready and your I-864, all the documents collected, both forms filled out and ready to be couriered to NVC.

Once you get that NOA2 and get your case number from NVC and pay your bills, it's time to send that stuff in, if you are ready to go you could potentially fly through NVC in a couple of weeks. Once that is done all you have left to do is wait for an interview date.

If you did decide to move up to Canada in the interim, there will be the issue of support (can you telecommute?) also the issue of domicile. Now that personally wouldn't stop me - but hey, that's me!

I guess all i'm really saying is that this wait between NOAs is your opportunity to be incredibly on top of everything and ready when that NOA2 shows up.

[trailmix 77]

Ahh, didn't realize you are DCF, so in theory this should even be faster - you bypass NVC altogether.

You can drag your feet a bit - when is your second anniversary?

[brightskte 18]

I've always thought it was 180 days, not 6 months. Sure, when you think about 180 days it sounds like 6 months but technically it isn't.

I'm sorry this happened to you!

[muchogrande 0]

Yeah, in theory... but am I right in thinking things are going slower than usual? Should I not have received some sort of confirmation by mail? Or does that only come when they ask us to submit the second set of documents?

Ahh, didn't realize you are DCF, so in theory this should even be faster - you bypass NVC altogether.

You can drag your feet a bit - when is your second anniversary?

I believe so Kayla, she was planning to stay 179 days.

I've always thought it was 180 days, not 6 months. Sure, when you think about 180 days it sounds like 6 months but technically it isn't.

I'm sorry this happened to you!

[brightskte 18]

Yeah, in theory... but am I right in thinking things are going slower than usual? Should I not have received some sort of confirmation by mail? Or does that only come when they ask us to submit the second set of documents?

Ahh, didn't realize you are DCF, so in theory this should even be faster - you bypass NVC altogether.

You can drag your feet a bit - when is your second anniversary?

I believe so Kayla, she was planning to stay 179 days.

I've always thought it was 180 days, not 6 months. Sure, when you think about 180 days it sounds like 6 months but technically it isn't.

I'm sorry this happened to you!

Ahh well then that's just 8768768 times worse. 1 day short. Pooh.

[Lenie7 0]

That's to bad, Mucho. I think U.S. immigration always gets skittish if someone says they're planning to stay a long time, even if they plan to go back. I am really surprised that they were so harsh and made your wife sign something saying she wouldn't visit the U.S. while the visa was pending. Hopefully, you will be able to work out a way to see each other while you wait for the processing to be complete.

[intuitionsys 0]

It's true -- the best bet is that you guys just stick it out, having a brief visit or two while your wife keeps working.

I'm pretty sure her name will be flagged in the computer system at the border -- I'm pretty sure mine is, at least, based solely on immigration status -- which means they will likely ask more questions.

I had strongly considered a lengthy trip to visit my wife, but ultimately decided on a ten-day trip instead...and even THAT got me a rather intense grilling from a POE officer and a request to see my return flight itinerary.

When you're so close -- and I would also venture to guess that a January or February date is almost certain for you -- the risk for her crossing is too great. Not that it would have any effect on the immigration process...but the potential for disappointment, plus the lack of job for her to return to etc. could be severely dejecting.

Yeah we've just been discussing the possibility the last week or so, and it may be a bit foolhardy for her to quit her job and dash over for a one month visit but when all you get from Montreal is crickets even for e-mal queries, you begin to start planning crazier and crazier schemes

I'm pretty sure we're both flagged. On trips back home I still get sent to secondary occasionally for seemingly no reason whatsoever. Twice I've been sent to secondary and sent on my way before I can even sit down in the lobby. I can't see whether they're rooting through the car or not and maybe that's why I get through so fast is that I just have a small suitcase and never buy anything in Canada so there's nothing to really root through

The last time my wife came for a visit they grilled us for a good hour before letting us through even though at that time she did have all the proof of ties.

[soonenough 1]

Sorry to hear about this unfortunate situation... My wife and I have been married almost a year now and have had the our VISA in work for about 10 months and she had been thru the boarder literally thousands of times. We have also been asked the question Are we filing a visa? And of course the answer is yes, and they have never had a problem letting us thru. their major concerns were making sure she wasnt trying to move. and all we say is she is still paying rent on her apartment. No physical proof was required.

other than the usually full car inspection and even one time they pulled us thru and returned an item that was lost and returned to the boarder over a year ago. on one of her trips. She lost basically her whole wallet at a hotel and it was returned to the boarder (no money in it of course) but either way i was really surprised. But also in fear for the fact that they never asked for her to actually go in the building. while i had to wait in the car while they asked 1 million question.

As far as having a visa pending and crossing we have never had a problem. So either its in the law and they dont know that.. OR its just up to that particular officer on if they want to be pricks about the situation. Oh and by the way her passport has never ever been stamped. So technically she could stay as long as she wanted with no date of return on there. I asked one time when they did a full "random" car search why they didnt stamp her passport. their answer was CANADIANS DONT NEED STAMPS!!!!! I said ok then left with a smirk on my face because that was just an open invitation for her to stay as long as she wanted:)

And just a quick note, from what i was told by the CANADIAN boarder officers if you have a stamp in your passport, after they randomly pull you in and check your past history and all. they usually dont check you again for at least anotther 4 or 5 months. If thats a problem at your boarder crossing as far as always getting searched and what not. So get that stamp and be free for some time

[muchogrande 0]

Wow, at which border were you crossing? Anyone been successful at YVR? I've always heard that that airport in particular is one of the worst places to go through customs, for some reason they are the extremely harsh. From the sounds of what you're saying soonenough we may have had a guard who didn't even know the law. (In fact, she didnt know how to spell British Columbia -- she was very annoyed that my wife corrected her mis-spelling of "Colombia" on the document she made my wife sign. Agh, and still no news on our I-130. I'm starting to think it got lost.

Does anyone know who it would be best to contact in terms of trying to fix this border issue with my wife? An attorney, or the border/immigrations office?

thanks

-m

Sorry to hear about this unfortunate situation... My wife and I have been married almost a year now and have had the our VISA in work for about 10 months and she had been thru the boarder literally thousands of times. We have also been asked the question Are we filing a visa? And of course the answer is yes, and they have never had a problem letting us thru. their major concerns were making sure she wasnt trying to move. and all we say is she is still paying rent on her apartment. No physical proof was required.

other than the usually full car inspection and even one time they pulled us thru and returned an item that was lost and returned to the boarder over a year ago. on one of her trips. She lost basically her whole wallet at a hotel and it was returned to the boarder (no money in it of course) but either way i was really surprised. But also in fear for the fact that they never asked for her to actually go in the building. while i had to wait in the car while they asked 1 million question.

As far as having a visa pending and crossing we have never had a problem. So either its in the law and they dont know that.. OR its just up to that particular officer on if they want to be pricks about the situation. Oh and by the way her passport has never ever been stamped. So technically she could stay as long as she wanted with no date of return on there. I asked one time when they did a full "random" car search why they didnt stamp her passport. their answer was CANADIANS DONT NEED STAMPS!!!!! I said ok then left with a smirk on my face because that was just an open invitation for her to stay as long as she wanted:)

And just a quick note, from what i was told by the CANADIAN boarder officers if you have a stamp in your passport, after they randomly pull you in and check your past history and all. they usually dont check you again for at least anotther 4 or 5 months. If thats a problem at your boarder crossing as far as always getting searched and what not. So get that stamp and be free for some time

[Bern. 3]

I'm sorry to hear about your experience at YVR. When I tried to cross the border there last year, the officer was pretty much sleeping...so he didn't even check anything, he just waved me through, I don't know if that's legal or not. I wish you have better results next time, good luck!

[trailmix 77]

As far as having a visa pending and crossing we have never had a problem. So either its in the law and they dont know that.. OR its just up to that particular officer on if they want to be pricks about the situation. Oh and by the way her passport has never ever been stamped. So technically she could stay as long as she wanted with no date of return on there. I asked one time when they did a full "random" car search why they didnt stamp her passport. their answer was CANADIANS DONT NEED STAMPS!!!!! I said ok then left with a smirk on my face because that was just an open invitation for her to stay as long as she wanted:)

I'm happy to hear that you and your wife haven't had too much of a hassle, that's a good thing!

Just wanted to say that while Canadians don't need a stamp in their passport and they don't generally get an I-94, there is only one reason why that is in place. It's an honesty system - pure and simple. As you know, we extend that same courtesy to U.S. citizens and PRs.

So, is that an open invitation for people to stay in either country? No it's not, there are laws to be followed. Also, I'm sure a person would have been happy to have not overstayed if they ever decide to apply to immigrate to either country and don't have the added worry of having to claim that they did overstay - because of course we have to list all visits.

[intuitionsys 0]

Sorry to hear about this unfortunate situation... My wife and I have been married almost a year now and have had the our VISA in work for about 10 months and she had been thru the boarder literally thousands of times. We have also been asked the question Are we filing a visa? And of course the answer is yes, and they have never had a problem letting us thru. their major concerns were making sure she wasnt trying to move. and all we say is she is still paying rent on her apartment. No physical proof was required.

That's incredible. It's never ever that easy for us. The very first time we tried to cross at Alexandria (NY) we got absolutely crucified. We had a woman grilling us asking twenty five questions in succession putting words in our mouths making decisions for us and didn't care about the answers she just wanted to be an absolutely horrible person that day. It had nothing to do with doing her job. Some people are just control freak jerks and she just happens to be a border officer. It may sound like I'm venting but this person was downright cruel for no reason whatsoever. I'm sure she wrote up some sort of report when they turned us back from the border that day that's made it almost impossible ever since. My wife has come to visit a few times and hasn't been refused since, but the officer she got those other times was just doing their job and saw no need to show how morally bereft they could be It's just much easier for me to come up from the US until she gets her visa. The last time she crossed they gave us such a hard time and almost didn't let her through that we've decided not to try and that I'll just visit from the US. It's much easier for me to take a few days to come visit than it is for her anyway. From all the times I've crossed the border I've realized it's pretty much a ####### shoot. Usually you get somebody just doing their job, even if you get sent to secondary, and life goes on. Once in a while you get an absolute ####### on a power trip with something to prove and it's not worth putting my wife through that just for a two week visit, especially when we should (and that's a big SHOULD) be getting our interview date in January.