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heljan

What visa to enter US on while waiting for CR1?

By heljan in Canada

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heljan Apprentice

heljan   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

I'm Canadian and my husband is American. We've got married in Las Vegas more than 2 years ago and were living overseas until recently. I'm currently in Canada while he is living in the US. We've received the NO2 and it says I'm eligible to adjust my status if I'm in the US. It looks like the whole visa process is going to take longer than expected so I would love to join my husband there. Does anyone know what kind of visa I should enter the US on and live there until my visa comes through and where to apply for it. Of course I'd have to go back to Canada for the medical and the interview, etc. We're really confused about this. Any advice would be appreciated!!

Service Center : California Service Center

Consulate : Montreal, Canada

Marriage : 2007-09-30 in Las Vegas

Type of visa : IR-1

USCIS

I-130 Sent : 2009-04-23

I-130 NOA1 : 2009-05-01

I-130 NOA2 : 2009-09-29 (File went missing - not received by NVC)

I-130 NOA2 : 2010-02-11

NVC

NVC Received : 2010-02-23

Return Completed DS-3032 : 2010-02-24

Pay I-864 Bill : 2010-02-24

OPTIN Email to NVC : 2010-02-24

OPTIN Confirmation from NVC : 2010-03-09

Return Completed I-864 : 2010-03-12

Pay IV Bill : 2010-03-12

IV Payment Processed : 2010-03-15

Applicant's Documents for Processing Sent : 2010-03-17

Case Completed at NVC : 2010-04-08

Medical

2010-05-26 (Toronto)

Interview

Interview Assigned : 2010-05-01 (Saturday)

Interview in Montreal : 2010-06-18 - APPROVED!

Passport Received via XpressPost : 2010-06-24

POE : 2010-07-06 (Pearson International Airport)

Applied for SSN : 2010-07-19

SSN Arrived : 2010-07-24

Green Card Arrived : 2010-10-18

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Malrothien Experienced

Malrothien   6

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

You cannot go to 'live' in the US until the visa is approved and issued. You can 'visit' for up to 180 days, depending upon the discretion of the border guard. There also is no visitor visas for Canadians as you do not need a visa to enter the US to visit.

Montreal: BEAT!!! Approved!!!!!

event.png

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Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
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Posted (edited)

The thing you will have to remember is that you will need to prove to the border guard when you cross into the US that you are NOT living in the US and won't be living in the US until you get your CR-1/IR-1 visa and that you will not attempt to adjust your status when you do enter the US as a visitor. You do that by bringing proof of your ties to Canada or some country other than the US - ie, property ownership, proof of ongoing residence in other country with ongoing expenses, employment contract/letter from employer specifying time you will be back to work, enrollment in University/College, etc. If you show up at the border and say you intend to live there with your husband while waiting for your immigration visa to finalize you will be turned back and not allowed to enter. You may be more successful going for shorter periods of time visiting. Good luck.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

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Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
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Posted
And it never hurts to bring the hard working border guards a fresh box of warm Timbits!

:lol:

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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