Setting the record straight.....

[tyriun_j 0]

Okay I've heard both sides here guys. Everyone says the spouse can visit the US while the application is processing but over in the CR1 forums people also state the spouse is not allowed to visit AT ALL. I want someone to please clarify because I'm sick of being told two different things here. Wife is heading back to Canada in July and reason I ask is we got a week long vacation planned in California in October and I want her to be able to go.

[Flames9_RN 358]

No one can GUARANTEE that her entry will be successful! It all depends on the POE officer! I traveled monthly to the USA during my cr-1 process and NEVER had a single problem, and most Canadians don't. But some get hauled into secondary before they are allowed to carry on AND some do get denied entry! All one can do is be prepared! Bring ties to Canada, such as letter from employer, lease agreement, visa paperwork etc etc! See my signature below!

[Hugglebuggles 60]

Exactly. There is nothing strictly prohibiting her from visiting you during the process, but as always, it's up to the discretion of the POE officer.

People like to post things based on their personal experiences. In the past there have been a few people who were denied entry and told spouses are not allowed to visit during the visa process, but that's not true. A lot of people have had successful experiences- even on a weekly or monthly basis.

[Wyatt's Torch 45]

I crossed the border countless times while the immigration process was ongoing, and never really had a problem, other than one snarky guard that wanted my flight itinerary.

As everyone else in this thread will tell you, it's up to the discretion of the particular POE guard on any given day, but 95% of the time it's fine. In other words, YES, in the grander sense she is ALLOWED to enter the U.S., just as she would be if she were NOT going through the immigration process. There are no laws / rules / guidelines that prohibit it.

[trailmix 77]

Also, when you are reading other forums, when it is not Canadians speaking - there are some people that have a hard time getting a visitor's visa any time - least of all while they have an immigration petition pending or have a spouse in the U.S. - so take that in to consideration too.

Here is the official word:

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.

and

The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant. There is no set period of time Canadians must wait to reenter the U.S. after the end of their stay, but if it appears to the CBP Officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc.

Edited May 23, 2010 by trailmix

[thegordons2009 1]

As someone who was denied, I agree with everyone else.

The POE really tried to give me the opportunity to show ties to Canada and I would have been able to cross.

I didn't have any with me, and therefore had to go back home.

[tyriun_j 0]

Thanks everyone! I figured she was still allowed to come back down but people over in the CR-1 forum throw me off by saying she has to stay out. Yeah she'll have a job and utility bills to prove ties which isnt a problem. Thanks everyone

[smurfette1971 0]

Okay I've heard both sides here guys. Everyone says the spouse can visit the US while the application is processing but over in the CR1 forums people also state the spouse is not allowed to visit AT ALL. I want someone to please clarify because I'm sick of being told two different things here. Wife is heading back to Canada in July and reason I ask is we got a week long vacation planned in California in October and I want her to be able to go.

i live in canada and went to see my husband every 4-6 weeks in usa

i just had to prove at POE my ties and my intent in usa

i crossed many many times

just always have a return ticket

i always showed my I130 paper worked to show them i am doing things right

and would not ruin my intention to one day live in usa

i had interview and was denied needed more documents (child related) and i dont have passports now as i had to mail them back to montreal

but i intend to go to usa end of june for summer if i do not have my visa by then (praying so hard we do)

i am going to use the new enhanced drivers license that manitoba has to offer

hope this helps

take care

[Moosker 7]

I also visited ALL the time! Just remember to have a ton of documentation linking her back to Canada. You never know at the border if they'll say no, just be prepared for it!

[K & I 0]

My husband visited almost once amonth and had no problems. He made sure he had his ties to Canada (lease agreement, teaching schedule and return flight ticket). He did have one minor mishap...he came for 3 months last summer and they questioned him and pulled him in the "questioning" room and he did miss his flight...but he got here! You should have no problem as long as the POE is having a good day!!

Edited May 24, 2010 by K & I

[Jadenjewel 9]

As everyone on here has said just bring rent receipts, utility bills, and be honest. The one time I was stopped I didn't think I needed to have those things, they still allowed me through with the warning to have them next time! I was naive about this process in the beginning. When you travel back and forth, and they see you come back when you say you will there doesn't seem to be a problem. They have all our info in the computer when they scan our passports. Homeland security doing their job.

The common questions I get .... business or pleasure and date of return.

Hope the POE has had a good day as well!