Canadian Married to US Citizen Travel to US and Back

[herclasto 0]

Hello,

My wife is a Canadian. I am a US Citizen. We are filing for the I-130 and CR1 for her to eventually gain permanent residency status in the US.

She regularly travels to and visits in the US but obviously has no inention of settling in the US until the applications have bee approved. She has no need to do so as she has a position and property in Canada.

We have been married for over a year.

My question. Will she be able to come and go as before while her application is being processsed. Or will she have to remain in the US or OUT of the US until her application is complete.

What specific sections of the codes, laws and rules addresses this so we can read it for ourselves.

Thanks

[trailmix 77]

Hi and welcome,

Nothing really changes once you file the petition - she can still visit as she always has, she should always have proof of strong ties to Canada with her regardless.

Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

[canadian_wife 1,822]

Yes she can travel freely to the US and back to Canada while the Cr-1 is processing. See the links provided

http://www.consular.canada.usembassy.gov/canadians.asp

http://www.cbp.gov/xp/cgov/travel/id_visa/..._to_the_u_s.xml

Note that admission and duration of stay in the US is up to the CBP at the time of entrance. She'll want to bring strong ties to Canada to show she intends on returning.

Good luck.