Visiting the U.S. during DCF process

[Benjamin44 10]

Hey all,

Okay, so I'm in a bit of a tricky situation and I was wondering if anyone could help. Basically, I just submitted- a bit over a week ago- my final missing document (Canadian police certificate, don't ask...) for my IR-1 visa case (filed DCF overseas, not Canada). At this point, I am just waiting for my visa to arrive by courier. Originally, they said it would be 1-2 weeks tops from when I submitted my final document and my passport for visa printing, but after I sent a follow-up email to inquire, I was informed it would be A MONTH. Seems like a long time just to look at one piece of paper and then issue a visa on a very-straightforward, otherwise-complete case. So I guess my first question is- does anyone know how long it will actually take for the visa to be issued? Has anyone ever been missing a document on interview day, and if so, how long did it take between the submission of the final document and visa issuance? I know each Consulate is different, but it would still help.

Now for the bigger question: What are my chances of being able to visit the U.S. while awaiting the visa? I know there is nothing illegal at all about trying, but I'm trying to guess my chances. My main question is: Since I filed DCF at a Consulate abroad, and NOT through the USCIS, will I even BE in the system in the U.S.? If they scan my Canadian passport, will it even show up that I filed for an immigrant visa?? My guess is that I wouldn't. Does anyone have any experience with this? I'm pretty sure that on the little form you have to fill in on the plane (and remember, as a Canadian I don't need to fill out the I-94) it does NOT ask if I have ever applied for an immigrant visa to the States, and I don't have to tell them. If they ask "what is the purpose of my trip?" I can just say to visit family, without saying it's my wife. This doesn't seem like a lie to me. OF course I will NOT lie to the officer. Is there anything else he might ask me that will force me to say something that might put the visit in jeopardy? If anyone has experience in a DCF situation (which I think makes it very unlikely I will even be in the system in the US), it wouild be very helpful.

I know many people say to bring evidence of returning back to a home country, but the truth is in my case, I don't have any legitimate such evidence. Sure I could have my parents write a lease saying I live there, which I do, but that doens't seem like much. Ironically, the biggest evidence I have to show I will be leabing the US is the fact that I HAVE applied for an immigrant visa!! Since I need to leave the country in order to come back in on it when I get it and activate the visa. That's why this rule of ties to back home makes no sense... anyone who has applied for an immigrant visa should be considered the LEAST likely to stay illegally!! Since for these people, the fastest way to immigrate is to leave and come back on the visa. But I don't make the rules... in any event, I don't think I should provide proof of my having filed for an IR-1 in the first place, since this may just arouse suspiciion where there may not be any.

Any ideas on what to expect at the border, what my chances are of getting in, and what I can do to give myself the best chance- would be most appreciated.

Thanks!