Can I visit USA while I-130 is pending?

[Saylin 1,605]

Here's my story:

I'm a Canadian citizen and I met my current husband, a US citizen, online in January this year. I met him in person in March and knew he was the one for me. I visited him again two more times in April, getting engaged on one of those trips. We decided to marry on my next visit which would be for the summer (halfway through May up until the beginning of August). I came back to Canada about two weeks ago. I was planning on going back to the USA yesterday, but was denied entry by customs/immigration since I had the intent of immigrating without having a visa. I was told by the officer there to file for either an immigration visa or a K3 visa. But when I researched these visas, I'm looking at a 5+ month wait. I don't want to wait that long without seeing my husband.

My question:

Is there something I can apply for that will let me visit my husband while the I-130 is pending? Or should I file for something else that can let me stay in the USA while it's pending?

He's willing to visit me, but he works and can't take that much time off, while I'm unemployed at the moment and can stay abroad for longer periods of time without having to worry about work.

I'm not concerned about costs. I'd much rather pay more money if it means I can be with him.

Thanks for any replies.

[Samoray 165]

Hello

Unfortunately they have considered you as an intended immigrant because you filed for the the spousal visa but it used to be where k3 visas were processed much faster than the immigrant spousal visa and that is not the case any more as the USCIS current processing time for both visas is almost the same.

I wish you good luck

[canadian_wife 1,822]

Of course you can visit! Many Canadians have visted their spouses during this process. You cannot, however, 'stay'. You may visit but it must be just that, a visit.

Because you have filed the I-130, I suggest you bring ties to Canada to show your intent on returning. This can include a mortgage/lease, employment letter (difficult to get I understand if you are unemployed), enrollment in school, etc.

Good luck, head over to the Canada forum if you'd like

[Saylin 1,605]

Samoray, I never actually filed anything yet. I told customs that I was planning on filing forms once I returned to the USA.

canadian_wife, how long can I "visit" for? And when I come back to Canada, how long do I have to wait before I can go "visit" again? Can I mention to customs that I'm visiting my husband at all?

As for having proof on intent to returning, I live with my father so I don't have any mortgage or lease to show. I'm unemployed and waiting to get one in the USA once all of this is over. I was going to school last semester here in Canada, but didn't register for any classes this semester since I was expecting to be in the USA. All I have as evidence would be a return ticket. Would that be enough?

[Saylin 1,605]

Oh, another question. Would I need something like a visitor visa to be able to visit the USA or can I go without?

[TravellingNomad 12]

you don't need any visas based on your country's consul http://www.consular.canada.usembassy.gov/canadians.asp

[canadian_wife 1,822]

No, you don't need a visa to visit. You can stay for up to 180 days. You must, however, be living in Canada and not the US. If you enter the US, stay for 180 days, it's generally preferred that you spend a few months in Canada before attempting to return.

YES, you certainly should tell them you are visiting your husband, not a friend, not 'family' but you want to be honest.

Good luck

[Saylin 1,605]

Thanks, canadian_wife. I'm not planning on staying 180 days, probably just 4 months or so if I can until the I-130 has been approved. And then I'll return.

At the border, should I mention I have an I-130 pending or only if they ask?

I called up Customs and Border Protection and talked with a woman on the phone. After explaining my situation, she suggested I don't visit at all while it's pending since I don't have any strong ties to Canada. I don't wish to spend $600 on a plane ticket just to be denied entry again at the airport. But I don't want to be apart from my husband for so many months. I'm not sure what I should do.

[OBX 51]

Duplicate post, see below

Edited August 18, 2010 by OBX

[OBX 51]

Thanks, canadian_wife. I'm not planning on staying 180 days, probably just 4 months or so if I can until the I-130 has been approved. And then I'll return.

At the border, should I mention I have an I-130 pending or only if they ask?

I called up Customs and Border Protection and talked with a woman on the phone. After explaining my situation, she suggested I don't visit at all while it's pending since I don't have any strong ties to Canada. I don't wish to spend $600 on a plane ticket just to be denied entry again at the airport. But I don't want to be apart from my husband for so many months. I'm not sure what I should do.

You must always answer their questions honestly but keep it short and to the point. Having your NOA1 with you may help as it indicates you are following the legal process to move to the US. However, without any other ties it may not be enough to convince the border official you do intend to return to Canada. The bottom line is there are never any guarantees. Your entry is always at the discretion of the border official. With a $600 ticket on the line you might not want to risk it.

Edited August 18, 2010 by OBX

[Saylin 1,605]

So, OBX, you think I should just mention that I'm visiting my husband? And if they ask further, then I should mention I have an I-130 pending? I would be willing to wait a bit for the NOA1 if it would increase my chances of getting to the USA successfully. Did you visit while your I-130 was pending?

[OBX 51]

So, OBX, you think I should just mention that I'm visiting my husband? And if they ask further, then I should mention I have an I-130 pending? I would be willing to wait a bit for the NOA1 if it would increase my chances of getting to the USA successfully. Did you visit while your I-130 was pending?

It is very difficult to know how the border official will respond. I would follow their lead but always be truthful. I did not travel to the US at all during the process. I owned my own home(so no lease), my workplace did not know about my intent to eventually move (so no employment letter), my children were older (so no real need to return due to childcare). As a result I decided not to risk being turned away. You might want to post this question in the Canada forum. I know many filers did visit throughout the process and they might be able to help you a bit more.

Here is one thread that discusses it:Ties to Canada

Good luck with whatever you decide.

Edited August 18, 2010 by OBX

[Ashley&John 0]

I cross the border frequently (usually every 3 weeks) and my i-130 is pending. This last trip has been the only one that has given me trouble and that is because I am staying in the USA for a longer time and I had my husbands car packed with groceries and other household stuff that was on sale that week along with a bunch of random items such as speakers, my laptop, sewing machine, etc. But after an hours wait while our car was searched and the border officers did whatever investigating they do in their systems on me they let us drive away no problem.

When I cross the border I have a copy of all of my visa paperwork that I have sent in, every notice that I have received plus our marriage license and wedding invitation. Most of the time they look at my paperwork, ask me if I'm moving there to which I respond "no" and say that I don't want to jeopardize my visa and they always let me go, usually wishing me luck on the visa.