b2 question from a married couple

[meridianpac 0]

Hello everyone,

Some of you know our situation already, but I had a question about another aspect of this problem.

My wife and son in law are both Canadian citizens. My wife came to the states on July 29th and was granted a 30 day visaat the port of entry. We never intended to marry, but ten days later, we did. She flew home on the 29th of august, and we are going to start the cr1/2 visa process at the beginning of October for both her son and her. We hate being apart.

Here is my question.

Can she apply for a b2 visa at the us consulate in Halifax, and try for a

6 month stay? She has a job, a place to live, a family, etc in Canada. If she comes here legally on a b2 for 6months while the I130 are being processed for her and her son, won't the only reason she would need to return to Canada be her interview at the consulate in Montreal? Why is this not a possibility? Any help you can offer would be greatly appreciated. Thanks very much.

Josh, Heather, and Julian.

[Inky 1,110]

Hi, canadians dont need to apply for any visas to visit the US. She can just bring her ties to canada and go to the border and go visit you.

Edit : she needs to return to get a medical for her and her son as well as get police certificates and other documents set up and then go for an interview.

Edited September 12, 2010 by Inky

[amykathleen2005 441]

I think that they were referring to getting the visa because then they would be assured they would be let in instead of just leaving it to the border guards.

OP, you cannot have more than one visa application going at the same time so your B2 would be denied while the CR1 has been filed. That doesn't mean that she can't try to visit without a visa but she might not be let in.

[meridianpac 0]

I think that they were referring to getting the visa because then they would be assured they would be let in instead of just leaving it to the border guards.

OP, you cannot have more than one visa application going at the same time so your B2 would be denied while the CR1 has been filed. That doesn't mean that she can't try to visit without a visa but she might not be let in.

Thanks very much. What about waiting on the I130, and applying for the b2 in Canada, then doing an adjustment of status while here?

[amykathleen2005 441]

Thanks very much. What about waiting on the I130, and applying for the b2 in Canada, then doing an adjustment of status while here?

That would be visa fraud and be illegal. Go for the CR-1 and try for her to visit.

[Boiler 45,519]

My wife and son in law are both Canadian citizens. My wife came to the states on July 29th and was granted a 30 day visaat the port of entry. We never intended to marry, but ten days later, we did. She flew home on the 29th of august, and we are going to start the cr1/2 visa process at the beginning of October for both her son and her. We hate being apart.

Sounds like they have her marked. Any more entries as a visitor will be closely scrutinised.

Can she apply for a b2 visa at the us consulate in Halifax, and try for a

6 month stay?

She can apply. She still has the PoE to get past if she gets one.

She has a job, a place to live, a family, etc in Canada

What sort of job gives her 6 months holiday?

[Harsh_77 718]

B2 - is not practical in your case. You will have to wait out until your CR1 process is completed. What other user said about entering US on B2 and then file AOS is a fraud and illegal - you just never know when something like this would come and bite you back.

So just wait-out and finish your cr1 process.

[Nik+Heather 121]

I agree with Boiler. What was the reason they curtailed her stay when she entered to only 30 days?

[ValerieA 350]

I think that they were referring to getting the visa because then they would be assured they would be let in instead of just leaving it to the border guards.

OP, you cannot have more than one visa application going at the same time so your B2 would be denied while the CR1 has been filed. That doesn't mean that she can't try to visit without a visa but she might not be let in.

Can you validate the second paragraph? ie: provide a link or something? I hadn't heard that you couldn't do this, and it seems a bit odd, since when a Canadian comes across the border, it is an automatic B-2 visa, and CR-1s do this all the time.

As to the first paragraph, it is always up to the border guards. Even if the consulate grants a B-2 (or any) visa, the border guards can still refuse entry to the US.

[meridianpac 0]

Can you validate the second paragraph? ie: provide a link or something? I hadn't heard that you couldn't do this, and it seems a bit odd, since when a Canadian comes across the border, it is an automatic B-2 visa, and CR-1s do this all the time.

As to the first paragraph, it is always up to the border guards. Even if the consulate grants a B-2 (or any) visa, the border guards can still refuse entry to the US.

Exactly! When we crossed at the PoE, the border guard kept us there for a while, asking questions. I now see the significance of what he allowed, considering Heather's ties to canada. She only had a passport, and no other documentation. She didnt have a personal id card with a physical address on it, no credit cards, no job, no lease, etc. For all they knew she could have been a homeless person with a passport for ID. We were telling them that she was only going to stay for a week, and that was our original intention. After the border guard was done interviewing us, he issued a B2 visa card (without photo), and attached it to her passport. It was good for 31 days. This is what is giving me hope. I was just curious if there was a way to guarantee that she would be able to cross the border and stay for 6 months on a visa. Now if there is a separate B2 of which I am not aware, and you are not allowed to have that particular visa active while the I-130 is pending, then I haven't heard about it. That would mean that spouses of US citizens could not visit their USC husbands and wives while the CR1/2 is processing. Can someone please provide some reference material on this to make sure im just not getting it right? Thanks very much.

Josh, Heather, Julian

[ValerieA 350]

Exactly! When we crossed at the PoE, the border guard kept us there for a while, asking questions. I now see the significance of what he allowed, considering Heather's ties to canada. She only had a passport, and no other documentation. She didnt have a personal id card with a physical address on it, no credit cards, no job, no lease, etc. For all they knew she could have been a homeless person with a passport for ID. We were telling them that she was only going to stay for a week, and that was our original intention. After the border guard was done interviewing us, he issued a B2 visa card (without photo), and attached it to her passport. It was good for 31 days. This is what is giving me hope. I was just curious if there was a way to guarantee that she would be able to cross the border and stay for 6 months on a visa. Now if there is a separate B2 of which I am not aware, and you are not allowed to have that particular visa active while the I-130 is pending, then I haven't heard about it. That would mean that spouses of US citizens could not visit their USC husbands and wives while the CR1/2 is processing. Can someone please provide some reference material on this to make sure im just not getting it right? Thanks very much.

Josh, Heather, Julian

Well, I don't think you are going to be allowed 6 months, but maybe 3. I was trying to go down for 6, but he cut it back (hey, at least he didn't refuse me!). Then he attached an I-94 to my passport with the expiry date, and stamped my passport and wrote "B-2" in it, again with the expiry date.

Canadians are usually (not always) successful, just make sure she has lots of documentation of her ties, answer the POE officer truthfully (but don't volunteer information), and be respectful. Oh, and if she is flying, make darned sure it is a return ticket. If it is one way, huge red flag.

[meridianpac 0]

Well, I don't think you are going to be allowed 6 months, but maybe 3. I was trying to go down for 6, but he cut it back (hey, at least he didn't refuse me!). Then he attached an I-94 to my passport with the expiry date, and stamped my passport and wrote "B-2" in it, again with the expiry date.

Canadians are usually (not always) successful, just make sure she has lots of documentation of her ties, answer the POE officer truthfully (but don't volunteer information), and be respectful. Oh, and if she is flying, make darned sure it is a return ticket. If it is one way, huge red flag.

Thanks for the response! I'm curious as to what kind of evidence you provided as ties to Canada? The Job thing is going to be a little difficult to get around. She just started, and there wont be any way that they will grant her a 6month break. You can pm me the info if you wouldn't like others to see. It would be a great help.

Thanks!

JHJ

[ValerieA 350]

I didn't have a lot, so you should definitely have more than me, I thought it was iffy that they would let me through. I had quit my job, and moved all of my possessions into storage, because I planned on being gone for 6 months. I did, however, have a copy of my I-130 application and a letter from my lawyer explaining that I was applying for the CR-1 visa; I think that did help show no immigrant intention, as why would I spend the money if I was just going to AOS once there? Other than that, I had bank accounts and pension funds, storage contract, and a really good explanation on our plans - didn't think it would be reasonable to pay $1200/month for the apartment, and was going to rent from my friends when I got back to wait for my interview, and the job market for temporary accounting professionals was hot right then, so I could do that if the interview was delayed. Again, I know I did not have close to nearly enough, I got supremely lucky, you need to make sure you have a LOT more.

[Boiler 45,519]

The Job thing is going to be a little difficult to get around. She just started, and there wont be any way that they will grant her a 6month break.

JHJ

Then why are you looking for a 6 month visa?