Short visit to US with IV in hand

[M&Pooh 12]

My wife will be visiting US for 2 or 3 days in the beginning of May. Since her interview is on 4/20, hopefully she will have her IV by that moment. So, there are two questions:

1. How the border guards will treat the situation when a person is presenting IV at POE and saying "Oh, actually, I will return to Canada in a couple of days"?

2. Does she have a choice of NOT presenting IV - keeping it for the later date when she is moving for good and just showing her Canadian passport? Is this legal, are there any negative consequences?

Thanks

[canadian_wife 1,829]

Some have been given a hard time, others have had no issue. Difficult to tell because obviously we cannot predict how the CBP will react or what they will say

She can always ask but why? The Cr/Ir visa allows for immediate work and travel. Again, it is up to the CBP when she crosses. If the CBP says she must use her IV then what? will she turn around? Will she keep going?

Your questions are difficult to answer because you are asking us to predict individual behaviour. Have you tried calling the POE she'll enter through to ask them these questions?

Good luck

[M&Pooh 12]

Thanks for your answer. I really hope this is not a question of a CBP officer's individual behavior but rather a matter of some laws/instructions/written procedures. Is this situation really not regulated in any way?

[canadian_wife 1,829]

Sure it is regulated. You have an immigrant visa, you cross with your immigrant visa. You apply for an immigrant visa because you want to LIVE in the US - typically people don't turn around immediatly and return home

If you want them to be lenient then it is up to the CBP. You are asking if the CBP will step outside of what they typically do for your wife. Call the CBP and ask

good luck

[M&Pooh 12]

Sure it is regulated. You have an immigrant visa, you cross with your immigrant visa. You apply for an immigrant visa because you want to LIVE in the US - typically people don't turn around immediatly and return home

If you want them to be lenient then it is up to the CBP. You are asking if the CBP will step outside of what they typically do for your wife. Call the CBP and ask

good luck

You are repeating the obvious things. Thank you, I am aware that usually people who apply for immigrant visa want to relocate to the US. My wife is not an exception, by the way.

My question was precisely about the situation I described. In such a situation:

(a) Is the person crossing the border with IV explicitly prohibited from going back to Canada in a couple of days;

(b) Is the person crossing the border with IV explicitly allowed going back to Canada in a couple of days;

© Should the person just use a Canadian passport and “save” the IV for the entry aimed at permanent relocation;

(d) Everything is up to a particular CBP officer.

This is what I would appreciate to learn.

Thank you for the contribution, though.

[canadian_wife 1,829]

Then if that is what you want to learn, I'll say it again...why don't you call the CBP and ask?

Good luck

[OBX 51]

You are repeating the obvious things. Thank you, I am aware that usually people who apply for immigrant visa want to relocate to the US. My wife is not an exception, by the way.

My question was precisely about the situation I described. In such a situation:

(a) Is the person crossing the border with IV explicitly prohibited from going back to Canada in a couple of days;

(b) Is the person crossing the border with IV explicitly allowed going back to Canada in a couple of days;

© Should the person just use a Canadian passport and "save" the IV for the entry aimed at permanent relocation;

(d) Everything is up to a particular CBP officer.

This is what I would appreciate to learn.

Thank you for the contribution, though.

While there are rules, as canadian_wife posted, it is quite often up to the CBP officer whether or not they will insist you process your visa or return when you are ready to do so. Unfortunately not all CBP officers are well versed in the "laws/instructions/written procedures."

That being said your wife can certainly return to Canada after a few days to tie up loose ends. I did my POE and then returned to Canada after a week in the US. At my POE the issue of me returning to Canada shortly after the POE did not come up at all.

Edited March 18, 2011 by OBX

[M&Pooh 12]

While there are rules, as canadian_wife posted, it is quite often up to the CBP officer whether or not they will insist you process your visa or return when you are ready to do so. Unfortunately not all CBP officers are well versed in the "laws/instructions/written procedures."

That being said your wife can certainly return to Canada after a few days to tie up loose ends. I did my POE and then returned to Canada after a week in the US. At my POE the issue of me returning to Canada shortly after the POE did not come up at all.

Thanks for your reply!

It's 3-day visit which was planned long ago - we didn't expect to get an interview that fast based on previous year timelines:) - and I'm barely taking any luggage. I know, when POEing, I have to have my belongings and present a list to the customs.

I your case, did you have all your belongings with you?

The wife.

[pushbrk 13,172]

My wife will be visiting US for 2 or 3 days in the beginning of May. Since her interview is on 4/20, hopefully she will have her IV by that moment. So, there are two questions:

1. How the border guards will treat the situation when a person is presenting IV at POE and saying "Oh, actually, I will return to Canada in a couple of days"?

2. Does she have a choice of NOT presenting IV - keeping it for the later date when she is moving for good and just showing her Canadian passport? Is this legal, are there any negative consequences?

Thanks

1. No problem. Once her visa is endorsed upon entry, she's free to leave the US at will but should not be absent from the US for more than six months.

2. No and no need to do so. See 1. above.

[M&Pooh 12]

1. No problem. Once her visa is endorsed upon entry, she's free to leave the US at will but should not be absent from the US for more than six months.

2. No and no need to do so. See 1. above.

Thanks, pushbrk! This is exactly what I think.

The matter is that my wife read some posts [anecdotal evidences] when people were asked about lack of luggage and the length of a trip and then said "You can't use your IV because you're not immigrating at this moment. Give it to us when you're crossing for genuine relocation". To me it makes no sense and I am suspecting that officers saying so just not properly educated... but my wife obviously doesn't want to be engaged into long legal discussion. That's why we're trying to research the situation as thorough as we can and considering all the possible opportunities even strange-sounding.

[pushbrk 13,172]

Thanks, pushbrk! This is exactly what I think.

The matter is that my wife read some posts [anecdotal evidences] when people were asked about lack of luggage and the length of a trip and then said "You can't use your IV because you're not immigrating at this moment. Give it to us when you're crossing for genuine relocation". To me it makes no sense and I am suspecting that officers saying so just not properly educated... but my wife obviously doesn't want to be engaged into long legal discussion. That's why we're trying to research the situation as thorough as we can and considering all the possible opportunities even strange-sounding.

You can always run into an improperly prepared officer but there is no minimum luggage requirement for using an immigrant visa and no minimum stay. In border town relationships, the foreigner often maintains their job and crosses many times a week for a while.

[OBX 51]

Thanks for your reply!

It's 3-day visit which was planned long ago - we didn't expect to get an interview that fast based on previous year timelines:) - and I'm barely taking any luggage. I know, when POEing, I have to have my belongings and present a list to the customs.

I your case, did you have all your belongings with you?

The wife.

As pushbrk already posted there is no minimum luggage requirement. I did have a car load of boxes but the bulk of my household goods were not moved until a month and a half later. As always it will depend on the POE you are using but when I crossed at the Peace Bridge by car they did not even look in my car (despite my dog barking like crazy!) or ask me anything about what I was bringing in.