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Canadian Obtain Temporary US Visa with Interview Date

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

Does anyone have experience or knowledge of obtaining a B1 or other type of travel visa to the US while waiting for the Green Card? With an interview date in place, it would seem like any suspicion of staying in the country as an illegal would not make as much sense and would make it easier to obtain one of these visas. I have heard of people obtaining work/pleasure travel visas while they are waiting for a Green Card (though it is difficult).

My assumption is that because the beneficiary has worked in the US under a TN visa, and also went to school under another visa, and had not overstayed on those visas, she could make the case that she would not be at risk for overstaying a short-term visa.

Any advice would be greatly appreciated. We have a baby and I have to go to the US for a job to feed him, so we are concerned about being apart for however many months we would be separated. Heck, we've even considered "hiking along the border" in Montana just so she and the baby can come for a month or two!

Thanks

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Many CR-1 Canadian applicants have successfully visited the US without a problem during this process. She doesn't need a B1 visa unless specifically requested by the border authorities. She will need to be prepared to provide documentary evidence that proves her ties to Canada so they are not concerned that she will be trying to stay in the US at this time. Proof of ties include things like letters from employers, mortgage or lease documents; ongoing financial responsibilities (utility bills, hydro bills, insurance, car payments, etc.), things like that. Carrying a copy of the CR-1 application, especially with an interview date already in place, will also help to reassure border authorities that she is following the correct immigration process and is unlikely to be an immigration risk on this visit. The border authorities, however, have ultimate say as to whether or not she will be allowed in on each visit.

Moving to the Canada Regional Forum from Working & Traveling prior to getting a Green Card forum as there are many individuals who can answer this question there.

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