Canadian citizen going thru I-130 can visit US?

[woojungp 0]

Hello - I've seen a number of people asking similar questions on VJ but I wanted to get some more thoughts on the issue.

My wife is a Canadian citizen and we're currently waiting for NOA2 on our I-130. Holidays are coming up and we want to spend the time together but I am not entirely sure whether she can visit me (I am the petitioner) while we have a pending immigration case. Canadians usually don't require any visa to visit US (other than the exceptions listed in the website listed below) but the situation is a bit different w/ a pending case?

The State Dept website seems to indicate that she cannot(http://www.consular.canada.usembassy.gov/exceptions.asp). K-3 seems to be required but I understand it takes just as long, so it doesn't do us much good...

I would appreciate it if people in similar situations can chime in and share their thoughts. Thanks much!

[GnC2010 2]

Hi,

I know someone who was able to visit the US while waiting for her I-130 because of a special family circumstance (sorry I don't know more details). I believe it involved help from her lawyer and a whole lot of paperwork (prrof of employment in Canada, etc etc) and there was no guarantee that she would be let through by the border guard... However, she made it through. BUT when she came back to Canada she was hassled quite a bit, and now has had some sort of limitations placed on her file and does not expect to be allowed through again until she gets her green card.

So, the short answer is yes, it is possible, but it is alot of work and there is no promise that whoever you get at the border will allow it. My advice would be for you to visit her instead if at all possible- SO much easier!

[Jadenjewel 9]

I see no reason she can't visit. Its important for her to show her ties to Canada, job, lease , phone bills etc. IT IS ENTIRELY up to the border official but if she has a return flight and evidence of filing her papers she should get through. I traveled back and forth through the whole process many times and was held up a couple of times for questioning but was never denied entry. Many of us have kept our relationships strong doing this. Just always tell the truth to the questions they ask.

All the best!

[CanAmBride 5]

My husband visits me all the time. We live in border cities, and he crosses into the US every weekend and usually once during the week. He brings his immigration paperwork (to show that we're going through the proper process) as well as ties to Canada (work papers, bank statements, mail to his Canadian address...etc). He never has any problems.

[woojungp 0]

Thanks very much everyone. I've been going up to Canada quite frequently but I think she wants to visit me too (got a ton of wedding gifts that are still boxed up...). She has her immediate family members living in Canada but she doesn't have very strong ties to Canada--she worked in U.S. for the past few years and all her assets are still in US. That said, I personally think that she has a strong incentive to go back and complete the immigration process (why would she abandon it and violate the terms when it's just a matter of time before getting her green card?!)... but then I also realize that I would have no control over what a border officer will do.

In short, it sounds to me that the border officers often let beneficiaries visit their relatives in US realizing that they have pending immigration cases and it takes quite a while for them to be completed--BUT it's not guaranteed and the border officers can deny her entry.

I just wish this will be all over soon. (Sigh).

[westcon5 2]

Similar to CanAmBride's experience, my wife and I live just on the other side of the border from each other. I am the petitioner living in the US. We have had no problems crossing the B.C. border. However, (I know it is a pain) but my wife carries a binder full of her ties and equities from Canada with her whenever crossing. We go across once or twice a weekend and sometimes once during the week when schedules allow it. We both have Nexus cards as well, so that is a huge help. I am never in line more than a minute and the Canadian officials rarely ask me anything. It has never been questioned when I mention my wife. She has been asked by US CBP a few questions, but usually they jokingly say better get the immigration process started because it takes a long time! No kidding!

By the way, we just came back from a cruise and entered back into the US in Fort Lauderdale. It is convenient that we are still traveling under two different passports because we can generally take whatever line is shorter (US or Foreign) and both of us go together in that line. While disembarking the cruise, there was only one couple in the Foreign line, and CBP directed us there since she was Canadian. When we approached the counter, the agent simply stamped our ag. cards and waived us through...no questions. So, it is totally up to the agent you encounter that determines your luck. They do not have to allow the recipient entry if they feel they might stay. Bringing the binder of proof she needs to return to Canada will be helpful when she encounters an agent that wants extra explanations.

[CanadianRedneck 8]

I'm in Ohio right now..ask where I'm going, what I'm doing, and I show them a copy of the I-130 that was filed, i visit twice a month, I got from Windsor, On to Columbus, Ohio..dont sweat the small stuff, just bring your documents and have her tell them she's coming for a visit and how long she's staying, that's it. No, nothing is guaranteed....I've visited about a dozen times since May.

[woojungp 0]

Hmm. It sounds like most of you live in border cities and I wonder if it'd be any harder going thru the CBP official at an airport. I used to drive over the Ambassador Bridge pretty often during my good old college days when I was dating my now-wife (when I wasn't a USC), but my experience is that those guys are far much easier in questioning than the ones sitting high at major international airports (Toronto Pearson comes to mind)...