Border Commuter Student and I-130

[canadian143 0]

Hey Everyone,

I am a Canadian student in Buffalo. I live and work in Canada full-time, and commute to Buffalo twice a week to full-time classes. I have a F-3 visa which is for border commuter students.

I just married an American citizen. He will be filing for my I-130 in May, while I continue to live here in Canada & work. I have a really good job and don't want to give it up in this economy.

Now my question is since I am here while filing the I-130, will I be permitted to go into Buffalo with my student visa twice a week - JUST FOR THE PURPOSE OF CLASSES ONLY ? I won't be overstaying after my class is done, as I have work 5-days a week.

Has anyone been through this experience ?

Any guidance is much appreciated.

Thanks in advance !

[pushbrk 13,260]

As you know, there are never any guarantees of entry but in my experience, you'll have no difficulties entering as usual. The CBP officers don't know about any I-130 in process and they are accustomed to seeing you cross on a regular basis.

Don't let the mist freeze on your windshield, OK.

Edited March 5, 2011 by pushbrk

[Wayne and Claudia 40]

I agree with pshbrk. In case you ever were questioned I would make sure to have a current enrollment form stating your classes with you in the car. That should be more than enough proof that you attending classes.

[Moosker 7]

Whenever I would cross while my I-130 was processing, I just followed the tips from VJ members and had plenty of documentation stating that I had ties. Bring copies of classes/transcripts/etc. Anything that would help the border know that you are only going back and forth for courses. In the long run, I was never once asked for proof that I was coming back...but you never know. Hope that helps!