visiting US while CR1

[William S 0]

Hi,

We haven't filed anything yet as we are waiting for a wedding on Aug 27 so that we can file for CR1. While waiting, we are trying to plan things so that we can be together as much as we can while going thru the process.

I understand that since my fiancee is a canadian citizen, she can visit US. I also understand that she may not be allowed as it's really upto the border agents. Let's just say she was allowed to visit after filing CR1. As it stands, she can stay upto 6 months minus 1 day in US. Is there a way to extend that visit? Could we not file for an extension and get a tourist visa or maybe even a student visa while the CR1 is being processed?

Just a thought because a friend of mine from another country with tourist visa visited US and he was able to extend his stay in US by filing for extension.

Thanks.

[thetreble 19]

I'm not the expert on this and I know those who have done CR-1's will give you the 100% correct answer, but a tourist visa and a spousal visa are two very different things. I'm assuming you can't file an extension given that until it's approved, she's still a Canadian citizen that needs to have ties to Canada.

[William S 0]

I'm not the expert on this and I know those who have done CR-1's will give you the 100% correct answer, but a tourist visa and a spousal visa are two very different things.

That's exactly what I was getting at. Can't we file both since they are a separate thing? Would NVC or whoever issue tourist visa frown upon seeing two separate cases? 1 for CR1 and 1 for extension of the visit? Would it impact CR-1 processing? Or is it totally different from my friend's case since Canadian citizens don't actually need tourist visa to visit US?

Edited June 9, 2011 by William S

[SF2007 48]

Is there a way to extend that visit? Could we not file for an extension and get a tourist visa or maybe even a student visa while the CR1 is being processed?

Good question but I would think not. You cannot use a visa for another purpose than the one it grants you. If she still has a visa in process, why would they consider delivering another one?

I did consider this option to be with my fiance during the K-1 process and I decided against it. Also keep in mind if she stays out of Canada for 181 consecutive days she will be considered to no longer reside in Canada. It implies resigning her driver's license and public health care benefits.

[Penguin_ie 5,996]

You can file for a tourist visa, but that only gives you 6 months stay, same as the special priviledge extended to Canadians, so no good really. You can file to extend your stay, but you need a goods reason, and with having filed for the CR-1 at that stage, I doubt they would allow it.

[lovetimhortons 1]

i'm no expert on this either, and had the same questions during our K1 process. i did some research, and asked an immigration lawyer, who told us that canadians can't get B2 visas (at least the kind you apply for in advance ahead of your trip, stamped into your passport). this is b/c canada and the us have a special agreement where we are permitted into each other's countries as tourists (ie, to do touristy things only) without a visa. he also told us that you can't have an application for a B2 (tourist visa) and K1 at the same time (for other countries).

that being said, while visiting (and i crossed at pearson several times), i always had a return flight, and took proof of ties (employment letter, car/taxes/utilitybills/deed to house/etc), as well as my K1 papers (NOA1/NOA2/etc) with me. i was never asked for any of these documents, and never had any problems, but it's always good to be prepared.

good luck! agree that the lack of certainty about some of these things can be frustrating perhaps you should consider a consultation with an immigration lawyer to ask further questions.

[canadian_wife 1,827]

You can always apply to extend her stay, however simply wanting to stay together during the CR-1 visa isn't a good enough reason. If it is rejected, she'll have to leave but it shouldn't affect the Cr-1 visa process

If you decide to exten her stay, here is the link

http://www.uscis.gov/USCIS/Resources/C1en.pdf

Each case is reviewed to determine if the extension is warrented

good luck

[William S 0]

You can always apply to extend her stay, however simply wanting to stay together during the CR-1 visa isn't a good enough reason. If it is rejected, she'll have to leave but it shouldn't affect the Cr-1 visa process

If you decide to exten her stay, here is the link

http://www.uscis.gov/USCIS/Resources/C1en.pdf

Each case is reviewed to determine if the extension is warrented

good luck

Thanks for the info. Based on the linked document. It sounds like at least it's all legal for her to file for an extension. Even if the extension is rejected, while the extension application is being processed, she's legal so it should be fine with CR-1 process.

With current time-line of CR-1 process, we only need maybe a month or two more before she needs to return to Canada anyway so I think going thru the motion would by us that needed time.

Of course, it's still not optimal solution and there are certain risk involved so something that I will definetly have to consult with immigration lawyer.

Edited June 9, 2011 by William S

[Flames9_RN 358]

A cdn as you now can stay for up to 6 months in the USA--al lup to POE officer. 1 could stay for 6 months, head back to Canada and tyhen return to the USA and stay again for another 6 months--again up to the POE officer. Now if 1 went that route, not a good chance the POE officer would approve it!!

Good luck with the immigration lawyer, for the most part they are a waste of $$$$$$. Do not hire one to do a simple CR-1 visa!! You can find everything you need on VJ! We hired a lawyer--had not found VJ---Think she charged us $2000 and we had to pay for the filings! All they really are just $$$$$$ proof readers. YOU have to get all the required certificate (long form birth cert, police check etc etc) and provider them al the information! They truly do not do much and they do not speed up the process or know short cuts!! Yes in some cases in more difficult cases they can be handy. And some offer a free 15 min interview or a flat rate for 30 min.

I visited monthly during the process. Best of luck

[thetreble 19]

As flames said, do not hire a lawyer. I stupidly also hired one and it cost us $4,000.00 for them to just do the paperwork which, after finding VJ, I could have easily done myself.

[The Dude 206]

As flames said, do not hire a lawyer. I stupidly also hired one and it cost us $4,000.00 for them to just do the paperwork which, after finding VJ, I could have easily done myself.

QFT +1

[William S 0]

As flames said, do not hire a lawyer. I stupidly also hired one and it cost us $4,000.00 for them to just do the paperwork which, after finding VJ, I could have easily done myself.

I don't plan to hire a lawyer for documentations/filing. I went thru the US naturalization processing without one and I was just fine.

I might consult on the extension of stay while CR-1 is being processed..

[Canadiandggal 49]

I don't plan to hire a lawyer for documentations/filing. I went thru the US naturalization processing without one and I was just fine.

I might consult on the extension of stay while CR-1 is being processed..

I think that trying to get a b-2 visa is a waste of time and money lol

Also make sure she has some good ties when she is planning on coming for a 6 month period, its legal to come for that long but I am not sure how a Poe officer will think. Atleast she can tell them you are currently waiting on a cr-1 petition.

Good luck

[canuckbos 10]

I don't plan to hire a lawyer for documentations/filing. I went thru the US naturalization processing without one and I was just fine.

I might consult on the extension of stay while CR-1 is being processed..

You can get free information at the US Customs office in your local area. Lawyers do not know immigration rules. They look it up for you and parrot the info to you, are you willing to accept their word over a customs officer? Not Me....!

We find the best people to talk to are the guys at the border behind the counter. I cross over all the time to go to our house in the US and have not had any issues I have a "parole" to go back and forth whenever I want.

I thought if you stayed in the US for 6 months you had to stay out for the same period of time to reset your 6 months time allowance, but don't believe me; ask or call your customs office.

Good Luck

[SF2007 48]

I thought if you stayed in the US for 6 months you had to stay out for the same period of time to reset your 6 months time allowance, but don't believe me; ask or call your customs office.

Good Luck

The law doesn't require you to stay out of the US for as long as you've been in but no POE officer will not let be what they call a de facto resident. Makes sure you don't give a hint of a lie and answer truthfully otherwise it could hurt your visa application. And yes, brings lots of ties to Canada (proof of residence, letter from work saying they expect her back by XX date, car ownership title, etc).

If they deny her the extension she will have to go back to Canada and will most likely not be able to travel to the US again until the visa is issued.

Good luck!