Advice for Pre-K3 / Planning Visit to US

[redstarwarrior 0]

(I'm new to the forums, so I hope this isn't in the wrong place)

I'm a little nervous.

I'm supposed to be picking up my fiance from North Bay, ON, in a couple of weeks to bring her down to Virginia. She is going to be visiting me for an extended period of time (few months) so that we can plan our wedding (to be held in Niagara Falls, ON) and to get the paperwork together for the K3 visa. We will be applying after we get married.

I'm just worried that we might meet denial at the border.

She is currently unemployed because her company lost the contract it had so everyone was laid off. In addition, she will be keeping all of her other stuff in her mother's house (which is rent free for her) so there is no lease agreement. Her only evidence that she will be returning to Canada is the fact that all of her family lives there.

Basically, I'm afraid of being 'too' honest at the border. We have no intentions of breaking the law, but I know how the situation looks.

Any advice on what we should say or avoid saying? I'm definitely not interested in lying, but I would like to avoid suspicion.

PS: She will be bringing her cat with her. It has been given all its shots and she has the appropriate paperwork.

[VanessaTony 3,567]

Firstly, why are you going K3? Why aren't you doing CR1?

Also, bringing her pet is BAD. Why is she bringing the cat? It's SCREAMS "immigrating".

I know that Canadian's meet with different requirements to other visitor visa people but I also know she needs to show strong ties to her home country. I honestly don't know how she'll go...

Edited January 13, 2010 by Vanessa&Tony

[redstarwarrior 0]

Firstly, why are you going K3? Why aren't you doing CR1?

Also, bringing her pet is BAD. Why is she bringing the cat? It's SCREAMS "immigrating"

We will be filing the I-130 regardless and will be doing the I-129F to try to get her into the US sooner (neither of us are happy with the idea of being apart after marriage, so we are just trying to reduce the time). There are no plans to file for an AOS. We'll just wait for the I-130 to process and she'll leave (and forfeit the K3) to do her interview.

As far as the cat is concerned, there is no where else for it. She would leave it at her mother's, but she has three large dogs that aren't exactly the friendliest.

[redstarwarrior 0]

Sorry to double-post, but from what I had read, the CR-1 took slightly longer to process than the K3. However, I hadn't delved into the forum posts, yet, which revealed that the processing times are not that different nowadays.

I'll have to talk it over with the future Mrs., but, given the benefits of a CR-1 over a K3, I think we might be more inclined to go with sole I-130.

Regardless, I still need more advice on the border entry. She's visited me for an extended period of time in the past (length of three months) and I even brought her in shortly after she became unemployed for three weeks for Thanksgiving. I was extremely nervous each time, but there were no conflicts. This entry is much more important so I don't want to take any chances.

[Carlawarla 1]

(I'm new to the forums, so I hope this isn't in the wrong place)

I'm a little nervous.

I'm supposed to be picking up my fiance from North Bay, ON, in a couple of weeks to bring her down to Virginia. She is going to be visiting me for an extended period of time (few months) so that we can plan our wedding (to be held in Niagara Falls, ON) and to get the paperwork together for the K3 visa. We will be applying after we get married.

I'm just worried that we might meet denial at the border.

She is currently unemployed because her company lost the contract it had so everyone was laid off. In addition, she will be keeping all of her other stuff in her mother's house (which is rent free for her) so there is no lease agreement. Her only evidence that she will be returning to Canada is the fact that all of her family lives there.

Basically, I'm afraid of being 'too' honest at the border. We have no intentions of breaking the law, but I know how the situation looks.

Any advice on what we should say or avoid saying? I'm definitely not interested in lying, but I would like to avoid suspicion.

PS: She will be bringing her cat with her. It has been given all its shots and she has the appropriate paperwork.

Hi Scott,

I think you have ample reason to believe your fiance might be denied at the border.

Firstly, I"m going to give you a link to the Canada Forum, where you'll find lots of good information on CanAmerican couples. Particularly people who are in the process and are visiting regularly while their application is in process.

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

Secondly, a link to the Canada Wiki page here on VJ for some more specific visa process information for Canadians:

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

Thirdly, for a link (the second post once you've clicked on the link...) for more Canadian visiting facts, moving, etc.

http://www.visajourney.com/forums/index.php?showtopic=191858

For whatever reason, having been on VJ for almost 4 years now, I've noticed increased scrutiny at the border crossings for Canadians. Having plenty of ties to Canada is what's needed in order to cross. As well, we always advocate for being HONEST, never LYING to Border Officials. Your fiance being unemployed, living at home, bringing a cat, and trying to visit for two months is going to be very daunting. It's all up to the BO's discretion.

Given your fiance doesn't work at present, I would suggest that she perhaps registers at a temp agency, and maybe gets some work in with the temp agency before her visit if she's able. Getting a letter from them or some kind of confirmation that she's employed temporarily from them would be helpful. Other "proofs" she might bring are dentist or doctor appointment slips for upcoming appointments. A letter from her Mom, doesn't have to be identified as her Mom...indicating she's renting, and how much she's paying, even if it's room and board. Bank account and/or credit card statements. Again, just to show she has financial ties to Canada. This is all if she's ASKED for proof of ties. Don't volunteer anything not asked.

Again, she has to be honest...that's she's visiting you, that she's visiting for two months....she might be allowed in, but they might determine how long. Visiting after you've started the process might in fact be easier, in that you'll have notification from USCIS that your application is in process. Keeping copies of those documentations show your intention to go about things the legal way.

I'd say, having her cat travel with her, is going to be extremely risky. It smacks of immigration intent. It's like a child...not leaving it behind might be seen by the BO's as her wanting to immigrate.

As you stated earlier, you're thinking of marrying in Canada in the future and applying for a K-3. As pointed out earlier, a CR-1 is what you should be looking at. The timelines are about the same, both interviews anyway would be in Montreal, so travelling to an interview outside of the province is not of issue. While with a K-3, it might look cheaper at the beginning, it won't save you time, and in fact, while you can apply for AOS at a later date...the fees are more money than paying up front for a CR-1, and it would allow for your then wife to work and get a greencard as soon as she enters the U.S. This might be important if she needs to be working upon immigrating. The fees for immigrating are going up constantly, so leaving the AOS portion out for a few years after arriving on a K-3 might in fact be really raised. Anyway, something to think about.

Come on over the Canada Forum, and you'll get lots more information and advise and guidance that might assist you in providing information to border officials when visiting.

All the best!

[pushbrk 13,099]

Your current plan sounds like planning to fail. You would have a greater chance of success if she leaves the cat behind and crosses the border on her own or with a family member or friend instead of in the car with her fiance. K3 will not speed up your process at this time. Filing the second petition usually slows things down. CR1 and opting in to the electronic processing through NVC, the second stage of the process, would be your best bet.

Edited January 13, 2010 by pushbrk

[redstarwarrior 0]

Your current plan sounds like planning to fail. You would have a greater chance of success if she leaves the cat behind and crosses the border on her own or with a family member or friend instead of in the car with her fiance. K3 will not speed up your process at this time. Filing the second petition usually slows things down. CR1 and opting in to the electronic processing through NVC, the second stage of the process, would be your best bet.

Thank you. I think we will be deciding to do the CR-1 instead of the K3.

My only problem is that our arms are tied when it comes to the cat. She will be relinquishing ownership to me, if that helps at all? Would we have to do any forms to that effect?

[pushbrk 13,099]

Thank you. I think we will be deciding to do the CR-1 instead of the K3.

My only problem is that our arms are tied when it comes to the cat. She will be relinquishing ownership to me, if that helps at all? Would we have to do any forms to that effect?

That's not an immigration issue but you could look into you and the cat traveling together to solve the cat issue and still have you fiance travel alone or with a friend or family member. You, the fiancee and cat together at a border crossing is a prescription for a denied entry that would probably result in no future entries without a spouse or fiancee visa.

[redstarwarrior 0]

That's not an immigration issue but you could look into you and the cat traveling together to solve the cat issue and still have you fiance travel alone or with a friend or family member. You, the fiancee and cat together at a border crossing is a prescription for a denied entry that would probably result in no future entries without a spouse or fiancee visa.

I will look into having the cat come sooner. Thank you for your advice!

[christeen 966]

I agree... Cat + Fiance + no ties to Canada = denied entry at border... Traveling with the cat is a GIANT RED FLAG.... You go and pick up the cat OR have the cat sent over... I would also definetly look into have a family member travel with her that has ties to Canada...

[redstarwarrior 0]

I agree... Cat + Fiance + no ties to Canada = denied entry at border... Traveling with the cat is a GIANT RED FLAG.... You go and pick up the cat OR have the cat sent over... I would also definetly look into have a family member travel with her that has ties to Canada...

Well, she has financial ties (bills and banking stuff). Also, I'm looking at having someone ride up with me to Buffalo and rent a car from there. They'll be taking the cat across the border instead of us doing it.