My Wife (Canadian Citizen)'s Situation Help & Advice Please!

[canadian_wife 1,822]

We are now working on actionable items after lots of reading up and studying.

I have a couple of questions as we work on the paperwork. There is no question that CR1 is better, and K3 might or might not be faster(?).

Here are questions I am having trouble finding answers:

- Can it hurt to file for both? It seems based on canadian_wife's post here, filing I-129F will cause the I-130 to go back to the line, and causes a delay for the CR-1. Is there any official information on that? No, no official information. That post was based on the experiences those of us went through when we filed in 2009 (also, that post was from 2009). When we filed those who filed and I-129F were approved 6-8 weeks after those who filed a stand-alone I-130.

- The only difference between CR1 and K3 when it comes to filing appears to be I-129F, is that correct? In filing the petition...yes

- If the answer to the above question is yes, do I submit TWO I-130, one for direct CR-1 and one for K3? Or, do I submit just ONE I-130 for both? Honestly keep it simple, file the I-130 and that's it. NEVER a need to submit 2 I-130s for the same person. If you choose, submit the I129F after you get your NOA-1 for the I-130

And as someone who has gone through what your wife went through, it is no where NEAR a formal immigration proceeding, so make sure she answers no to that

Good luck

[s4837 0]

Given that she withdrew her entry after previous overstay, if she gets a job in Canada (and have to be there to work), and we can clearly show her ongoing ties to Canada and the necessity of her going back after coming in, is it possible that she can drive back and forth between U.S. and Canada between work and visiting me? We are sort of in drivable distance (very long, but doable). I can visit her during weekdays some time, and she would be able to visit me on weekends.

Would this be totally up to PoE or is that even possible? (She is in the process of getting an Canadian enhanced driver's license (EDL), since her Canaidan regular driver's license is about to expire. I am in the process of filing an I-130 for her).

Is the entry at the discretion of PoE even with the previous overstay? Is it possible that they see enough ties to let her go back and forth while we wait for I-130? We definitely messed up previously since we didn't know better. However, now that we know, it would be just purely visiting on weekends, plus a day at the most.

I am thinking that we would explain the situation to the PoE officer if they inquire, then show ties and what date she needs to be back and just have rather short weekend visits. I would think that if this works for the first couple of trips, we can continue to have short visits relatively easily after that, and do everything properly with just short visiting trips.

The concern I have, other than not-knowing if it is up to the PoE officer, is with the I-130 filing (given the above thought, it would not be adjustment of status, but applying a CR-1 for her to come in from Canada). I wonder if USCIS would they take issue with her coming in and out even though it is with inspection and following the rules after the previous overstay. I don't want to negatively impact the long term permanent solution.

Let me see if I can summarize it better:

- Is it possible it is at the discretion of PoE to decide to let her in or not after previous overstay if we can show she must go back?

- If the above answer is yes (i.e. possible), and yet we encounter a PoE officer who declines her entry, would that create an issue for the I-130 in the future?

- If the above answer is yes, and she is able to come in and leave, following the rules carefully (with trip durations of just a few days each time on weekends), would that create an issue for the I-130 in the future because of the previous overstay even though we follow the rules exactly after learning about them?

It is easy to speculate and all but I imagine the folks here would have some insight into how this actually works based on experience. Thank you.

[canadian_wife 1,822]

Every entry is up to the the CBP at the time of crossing. No entrance into the US is a guarentee. There is no right for a Canadian citizen to visit the US.

As someone who was denied entry, as long as it was delcared on the ds-230 it will be fine

As stated earlier, with her overstay and her withdrawl of application, it will be exceptionally more difficult for her to enter as a tourist

Good luck

PS - was anything written in her passport when she had her application withdrawn?

[Flames9_RN 358]

Its always up to the POE officer discretion!! Who knows whats truly in the system (from her overstay!) One can have 100% concrete evidence that 1 is going to return to Canada, and the POE officer can stil deny 1 entry! Sometimes what the POE officer will do is let her gain entry but give her a I-94 with a date that she has to return by! So what I would do--is 1) look below at my signature and i would take that advice,lol and 2) if the POE is on edge about letting me enter i would say, hey, I'm going to be returning in 3 weeks, so why not just jot that down on the I-94--and when i return in 3 weeks, I hand that in! But if it were I--I would try to visit the USA and follow my advice in my signature line,lol and have a plan in case they deny me entry! BUT I truly don't know your whole case!

[s4837 0]

Every entry is up to the the CBP at the time of crossing. No entrance into the US is a guarentee. There is no right for a Canadian citizen to visit the US.

As someone who was denied entry, as long as it was delcared on the ds-230 it will be fine

As stated earlier, with her overstay and her withdrawl of application, it will be exceptionally more difficult for her to enter as a tourist

Good luck

PS - was anything written in her passport when she had her application withdrawn?

I do need to double check with her about her passport whether there is anything on there, though I won't know that for another 7 hours or so. Will report back on that point when I know for certain.

The questions I have above is based on using the enhanced driver's license in lieu of the passport, and then returning to Canada shortly.

I reviewed the DS-230 - Thank you, canadian_wife, for pointing it out. She gave them full honest account of everything when she withdrew her entry and that is what we will continue to do when it comes time to fill DS-230. If they allow her to come in and go for short durations cross border, of course we will explicitly list all of them on DS-230. I feel a lot better that we have a place to explicitly state any and every visit rather than looking like we are hiding anything.

The question then is also if she brings all the evidences and her ties, and shows she must go back to Canada (as described in my above post) and she is still denied entry, would that negatively impact her I-130/CR1 process?

Basically, if it won't have a negative impact on her I-130/CR1, then we will try to do that to see if CBP would allow her in, and follow the rules exactly. If it may negatively impact I-130/CR1 if she is denied entry at the border, then we won't even think about it.

[Marilyn. 340]

i was denied entry and banned for a year and it had no negative impact on my visa application..

[canadian_wife 1,822]

Again...no, if it is declared on her DS-230 then a denial won't have an impact on the visa

Good luck

[s4837 0]

I apologize if it seems I am asking questions that seem to have been answered as there are a couple of fine points I am not too clearly on. I appreciate all the info and please, please bear with me and allow me to try to explain what my specific concerns are:

She withdrew entry after they informed her in SFO that she overstayed last time so they couldn't let her in. I am sending in the I-130 in a few days (just picked up the marriage certificate 30 minutes ago).

Question #1

I understand that the event at SFO would NOT have an impact on her I-130/CR1. <-- first event

My question is, IF if she tries to visit me (just for a couple of days) by car with her Enhanced Driver License, IF she is not admitted, which would be now the second time by CBP, would this second event have an impact on her on her I-130/CR1? <-- second & hypothetical event

Question #2

DS-230 lists all visits, but it doesn't talk about listing non-admission/denial/withdraw. Did I miss something?

Thank you all again.

[Krikit 1,164]

My question is, IF if she tries to visit me (just for a couple of days) by car with her Enhanced Driver License, IF she is not admitted, which would be now the second time by CBP, would this second event have an impact on her on her I-130/CR1? <-- second & hypothetical event

No, it won't have an impact on her visa application. Entry denials are "forgiven" at the interview approval.

Question #2

DS-230 lists all visits, but it doesn't talk about listing non-admission/denial/withdraw. Did I miss something?

No, you didn't miss anything. There was no visit if she wasn't allowed to enter.

[s4837 0]

PS - was anything written in her passport when she had her application withdrawn?

Just checked in with her - The CPB officers did NOT write anything on her passport. None whatsoever. They told her by letting her withdrew entry, they didn't have to mark anything on her passport. Yet they told her she should get a waiver next time and interviewed her. During her layover in Hong Kong, the officials there were confused and didn't understand why she returned because there were nothing on her passport.

[Danu 19]

Just checked in with her - The CPB officers did NOT write anything on her passport. None whatsoever. They told her by letting her withdrew entry, they didn't have to mark anything on her passport. Yet they told her she should get a waiver next time and interviewed her. During her layover in Hong Kong, the officials there were confused and didn't understand why she returned because there were nothing on her passport.

I might be on her file in the actual system as opposed to them putting something in her passport. With the new electronic scanned passports they don't have to have anything in your passport cuz they can see it all online.

[s4837 0]

I might be on her file in the actual system as opposed to them putting something in her passport. With the new electronic scanned passports they don't have to have anything in your passport cuz they can see it all online.

I understand and agree - wanted to make sure I answered the question as I think it was asked before and I didn't provide an answer.

Regardless, we are going with the I-130 route and also apply for a waiver while we wait. I am going to try to make arrangements so I can be detached from work for a while (that itself will take quite a lot of time).

[s4837 0]

I do want to add that still, in the short term, we are hoping to find a safe and proper way for her to be able to come in even for short duration of time even just a couple of times.

If anyone any ideas at all, please help.

[canadian_wife 1,822]

Question #1

I understand that the event at SFO would NOT have an impact on her I-130/CR1. <-- first event

My question is, IF if she tries to visit me (just for a couple of days) by car with her Enhanced Driver License, IF she is not admitted, which would be now the second time by CBP, would this second event have an impact on her on her I-130/CR1? <-- second & hypothetical event No it will not

Question #2

DS-230 lists all visits, but it doesn't talk about listing non-admission/denial/withdraw. Did I miss something? Question #32 - "Have you ever been refused admission into the United States at a Port of Entry." She was not allowed to enter, regardless if it was a proper denial or a withdrawl of application. She should answer YES to this question and explain what happened

Thank you all again.

You keep mentioning how you can get her to visit you, is it possible for you to visit her?

Good luck

Edited October 28, 2010 by canadian_wife

[warlord 73]

Just checked in with her - The CPB officers did NOT write anything on her passport. None whatsoever. They told her by letting her withdrew entry, they didn't have to mark anything on her passport. Yet they told her she should get a waiver next time and interviewed her. During her layover in Hong Kong, the officials there were confused and didn't understand why she returned because there were nothing on her passport.

That's because Hong Kong doesn't have access to the US scanners. When you re-enter the US your passport is scanned, this is where the information will come up. They don't mark things anymore because it's all on file in the database that can be pulled up at any POE by the officers.

And yes if you want to see each other, you will have to go see her not visa-versa...