Entry as visitor during I-130/CR-1 application

[Gabe Joseph 0]

I am about to become the American spouse of a Canadian. We are getting married in Canada next weekend, and we plan to file for an I-130 as soon as we receive our marriage certificate in hopes of getting her a CR-1 visa next year. I live in Seattle and she lives in Vancouver, which are less than three hours away, so we take turns visiting each other every weekend.

Once we get married and file an I-130, I am unclear about what that does to her eligibility of entering the US as a visitor. In the Comparison of Marriage Based Immigration Choices on VisaJourney (http://www.visajourney.com/content/compare) under the "Minuses" section, it says "The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed." In addition, this tidbit of info is not in the K-3 section of this chart, which begins with the same I-130 application. What gives?

If I read this correctly, until we receive an NOA2, she should have no issue getting into the US as a visitor, but will not be allowed in after NOA2 until she is interviewed and approved by the consulate. First, is this really the case? Would a CBP agent at the border deny her entry because a CR-1 visa was in-process at the NVC? Second, is there a risk she could she be denied entry before NOA2, like immediately after filing an I-130 (receiving NOA1)?

I would think we could show she is not a risk to enter the US as an immigrant prematurely. We are both Nexus cardholders, so I'm sure CPB has thorough records of her entries which would show that she has a consistent record of visiting for a few days and then leaving. She has many ties to Canada and does not intent to immigrate before being issued a visa. Unfortunately she lost her job last month so until she finds work again she can't get a letter from her employer, but once she is employed again does this help? What are our chances of maintaining a 'normal' lifestyle -- and by normal I mean one where I don't have to drive to Vancouver every single weekend?

If anyone has insight on this, or if you've been through this before and you can share your experience, I would sincerely appreciate it.

[canadian_wife 1,829]

Many people have visited during this process. The key is that admission is not a guarentee, each application for entry is decided upon entry. Bringing proof of ties to Canada will be essential - things like a lease/mortgage, job letter with an expected return date, school enrollment letter, etc.

Yes, the CBP can deny her entry for the reason she is married to a USC - because then there may be the presumption of immigrant intent. I, myself, have been denied entry twice.

My husband and I maintained a 'normal lifestyle' by rolling with the punches. No way we could have visited every weekend. Once a month/ ever 6-7 weeks was the best we could do. It was just our life for a year.

Also know that your interview will be in Montreal, it is the only consulate that does Cr-1 spousal visas

Good luck

[OBX 51]

Many people have visited during this process. The key is that admission is not a guarentee, each application for entry is decided upon entry. Bringing proof of ties to Canada will be essential - things like a lease/mortgage, job letter with an expected return date, school enrollment letter, etc.

Yes, the CBP can deny her entry for the reason she is married to a USC - because then there may be the presumption of immigrant intent. I, myself, have been denied entry twice.

My husband and I maintained a 'normal lifestyle' by rolling with the punches. No way we could have visited every weekend. Once a month/ ever 6-7 weeks was the best we could do. It was just our life for a year.

Also know that your interview will be in Montreal, it is the only consulate that does Cr-1 spousal visas

Good luck

[Ryan H 3,834]

Once we get married and file an I-130, I am unclear about what that does to her eligibility of entering the US as a visitor. In the Comparison of Marriage Based Immigration Choices on VisaJourney (http://www.visajourney.com/content/compare) under the "Minuses" section, it says "The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed." In addition, this tidbit of info is not in the K-3 section of this chart, which begins with the same I-130 application. What gives?

If I read this correctly, until we receive an NOA2, she should have no issue getting into the US as a visitor, but will not be allowed in after NOA2 until she is interviewed and approved by the consulate. First, is this really the case? Would a CBP agent at the border deny her entry because a CR-1 visa was in-process at the NVC? Second, is there a risk she could she be denied entry before NOA2, like immediately after filing an I-130 (receiving NOA1)?

I would think we could show she is not a risk to enter the US as an immigrant prematurely. We are both Nexus cardholders, so I'm sure CPB has thorough records of her entries which would show that she has a consistent record of visiting for a few days and then leaving. She has many ties to Canada and does not intent to immigrate before being issued a visa. Unfortunately she lost her job last month so until she finds work again she can't get a letter from her employer, but once she is employed again does this help? What are our chances of maintaining a 'normal' lifestyle -- and by normal I mean one where I don't have to drive to Vancouver every single weekend?

If anyone has insight on this, or if you've been through this before and you can share your experience, I would sincerely appreciate it.

Since the K3 visa is essentially nonexistent now, I wouldn't use that chart as a comparison. In a nutshell, she can start to make the trip, but there is no guarantee that she will be admitted, even if she is a NEXUS card holder. You have to assume that a CBP officer will have access to information that will allow them to know that an immigrant visa application is in process.

Once she is employed again, she would be able to use the letter from employer. If she has a lease or a mortgage, she should bring that with her. Again, they show ties but are ultimately not going to guarantee admission.

Good luck on your journey!

[Gabe Joseph 0]

Many people have visited during this process. The key is that admission is not a guarentee, each application for entry is decided upon entry. Bringing proof of ties to Canada will be essential - things like a lease/mortgage, job letter with an expected return date, school enrollment letter, etc.

Yes, the CBP can deny her entry for the reason she is married to a USC - because then there may be the presumption of immigrant intent. I, myself, have been denied entry twice.

My husband and I maintained a 'normal lifestyle' by rolling with the punches. No way we could have visited every weekend. Once a month/ ever 6-7 weeks was the best we could do. It was just our life for a year.

Also know that your interview will be in Montreal, it is the only consulate that does Cr-1 spousal visas

Good luck

Thanks for the info Canadian_wife. Montreal, really? I love my country but, at the same time we are insane. So, were you only able to visit once every month to 6-7 weeks because of CPB, or because of your distance? Really, she doesn't need to come down very often, but I want to go with her to Hawaii in December and perhaps a couple times next winter and spring.

You were denied entry... what does that mean for your application and for your future chances of entering the US before the application is approved? Was it more difficult to enter once you were denied entry once?

[canadian_wife 1,829]

It becomes exponentially more difficult to enter the US after a denial. It is ridiculous

Yes, Montreal, only 4 medical centres for the medical too, 1 in Vanvouver, 1 in Toronto and 2 in Montreal

No, no affect on the application for the visa process because I was honest about it.

After my denials, I didn't try and enter so my husband visited me as often as he could.

Good luck

[Abby62 23]

I was denied entry prior to even getting married to my husband (USC). We were only dating at the time, I got sent back to Canada after being humiliated and treated like a criminal. The next time I went through with tons of ties to Canada. I had to get a notarized copy of my lease agreement, bills, all of my ID, bank statements, pay stubs, employer letter, anything relevant and recent. I think had to wait about 2hrs every single time I crossed as I was tagged in the system. After about 10-15 times of having to get yanked into secondary, it finally ended.

Since then we got married and now I cross with all of my updated ties to Canada.(I live like 2 min's from the border). I never get asked if i'm married to a USC, I never get asked if i'm in the Visa process. My theory is if they don't ask, i'm not going to offer up anything more. It has worked so far. Always be honest in your answers and confident. Never lie to a border guard, have plenty of ties.

Each and every time anyone crosses the border you become an intended immigrant to the border guard whether you married one or not. There are never any guarantees they will let you in as I have found in my 40+ years of crossing back and forth..good luck!!!