I Filed I-129...Exactly When Will Fiance's Travel Be Blocked?

[JeeplessInSeattle 1]

I'm new and this is my first post. I filed my I-129 on 12/30/2011 and received my NOA1 on 1/5/2012. I live in USA and my fiance lives in Canada. Exactly at what point will he be banned from coming to visit me? We have a seminar that we'd like to both attend (here in the US) the first week of February. Will his travel be limited once he receives some type of letter / notification, or will he be blocked from entering the states now that we've filed? Also, can someone confirm that I (the petitioner) will be free to travel to visit him (in Canada) during the application process?

Thanks!

[Michael Ruffin 1]

You guysshould be able to get a travel visa, while petitions is being reviewed.

[fordchev 1]

You guysshould be able to get a travel visa, while petitions is being reviewed.

since when does a Canadian need a travel visa to go to the the US...if you are not sure what you are talking about..try not talking instead...way too much incorrect information being given on this site

[Harpa Timsah 13,258]

OP - he can continue to visit while the petition is pending. Just have him bring strong ties to Canada. You can also continue to visit Canada.

There is a travel block the opposite way, however, once the K-1 is issued and the Canadian enters the US - he will not be permitted to travel (can leave, just can't come back) until marriage, file for Adjustment Of Status, and receive temporary travel permission (Advance Parole). That takes about 3 months from AOS filing.

Good luck!

[aaron2020 11,651]

I'm new and this is my first post. I filed my I-129 on 12/30/2011 and received my NOA1 on 1/5/2012. I live in USA and my fiance lives in Canada. Exactly at what point will he be banned from coming to visit me? We have a seminar that we'd like to both attend (here in the US) the first week of February. Will his travel be limited once he receives some type of letter / notification, or will he be blocked from entering the states now that we've filed? Also, can someone confirm that I (the petitioner) will be free to travel to visit him (in Canada) during the application process?

Thanks!

Canadians do not need visitor visas to enter the US. He is not ban in anyway from visiting the US. He will be scrutinize when he attempts to enter the US because of the I-129f. He need to prove that his visit is temporary by showing strong ties to Canada to overcome the presumption that all people enter the US have the intent to immigrate. If CBP believes that he is attempting to immigrate under the guise of visiting, he will be denied entry.

Canada is not going to care that you filed for your fiancee. You don't have the intent to illegally immigrate to Canada as evidenced by your filing of the I-129f to bring your fiancee to the US.

[JeeplessInSeattle 1]

There is a travel block the opposite way, however, once the K-1 is issued and the Canadian enters the US - he will not be permitted to travel (can leave, just can't come back) until marriage, file for Adjustment Of Status, and receive temporary travel permission (Advance Parole). That takes about 3 months from AOS filing.

Um. Sorry but I'm confused by the above statement "there is a travel block the opposite way". My understanding is that HE would be restricted from coming to the USA for some period of time. I'm the petitioner and I live in Seattle, he lives in British Columbia, and he hopes to immigrate here. So are you saying that he is still free to come here for visits during the I-129 process, but once they issue the K1 visa THEN he will be restricted from traveling to the USA? But that we can file for an Adjustment of Status requesting temporary travel permission (Advance Parole)? If so, THAT IS COOL NEWS!!

[Gary and Alla 3,694]

I'm new and this is my first post. I filed my I-129 on 12/30/2011 and received my NOA1 on 1/5/2012. I live in USA and my fiance lives in Canada. Exactly at what point will he be banned from coming to visit me? We have a seminar that we'd like to both attend (here in the US) the first week of February. Will his travel be limited once he receives some type of letter / notification, or will he be blocked from entering the states now that we've filed? Also, can someone confirm that I (the petitioner) will be free to travel to visit him (in Canada) during the application process?

Thanks!

Filing a petiton does not limit his travel to the US. You are both free to travel. Any restrictions on entering either country are exactly the same before and after filing.

[skiptex 225]

JEEP.. lets just, there is always a CHANCE.. he may be denied entry.. small/slight chance.. but still a chance.. its up to the officer at the PEARLY gates up north..

[Gary and Alla 3,694]

Um. Sorry but I'm confused by the above statement "there is a travel block the opposite way". My understanding is that HE would be restricted from coming to the USA for some period of time. I'm the petitioner and I live in Seattle, he lives in British Columbia, and he hopes to immigrate here. So are you saying that he is still free to come here for visits during the I-129 process, but once they issue the K1 visa THEN he will be restricted from traveling to the USA? But that we can file for an Adjustment of Status requesting temporary travel permission (Advance Parole)? If so, THAT IS COOL NEWS!!

You understand wrong. There is no travel block. Anyone that says so is wrong.

Once he arrives on a K-1 he cannot leave wiothout risking the loss of his status to become a permanent resident using the K-1. He will have to remian in the US ntil he gets his green card OR an EAD, this can be a few months

Agian he would be able to travel to Canad and even return to the USA (because Canadians do not need a visa) but he could then not adjust status with the K-1 and you would have to begin again with a CR-1

If you live in a border area, not far from each toher then the K-1 is an exceedinlgy bad choice of visa for you. Better to get married first is either country, then file for a CR-1 and visit each other during the procees.

I live about 1 hour from Montreal and I could not imagine telling a woman from Montreal she could not go visit her mother on Sunday afternoon for dinner. I would go with the CR-1. This is escpecially true if the person will continue to work in canada.

Study the visas, what they do and what the accomplish and then make a decision. Making a decision on which one processes faster is not intelligent.

[Harpa Timsah 13,258]

Um. Sorry but I'm confused by the above statement "there is a travel block the opposite way". My understanding is that HE would be restricted from coming to the USA for some period of time. I'm the petitioner and I live in Seattle, he lives in British Columbia, and he hopes to immigrate here. So are you saying that he is still free to come here for visits during the I-129 process, but once they issue the K1 visa THEN he will be restricted from traveling to the USA? But that we can file for an Adjustment of Status requesting temporary travel permission (Advance Parole)? If so, THAT IS COOL NEWS!!

I am trying to say some sort of "travel block" does exist, but it is not when you think. Maybe I am being overwhelming with stuff in the future; if so I apologize.

You are both free to travel freely while the I-129F is pending. There are good explanations of the particulars in this thread.

Once the K-1 is issued, and your fiance comes to the US, then he cannot leave the US without abandoning his ability to return. The K-1 is a one-time use visa. Then you guys get married, and you must file for Adjustment of Status (please read up on this for future filing, some K-1 filers don't realize this step exists and are pretty mad when they realize). With the Adjustment of Status, you an file (for free) a form that when approved grants him temporary travel permission. That takes about 3 months. So effectively, he cannot leave the US for a few months, so be prepared for that. I said opposite way because he'll be stuck in the US, not in Canada Once he gets his greencard (when AOS is approved) he can travel without special permissions. You have a long while to worry about this though.

Congrats on your engagement!

[Dan C. 18]

Um. Sorry but I'm confused by the above statement "there is a travel block the opposite way". My understanding is that HE would be restricted from coming to the USA for some period of time. I'm the petitioner and I live in Seattle, he lives in British Columbia, and he hopes to immigrate here. So are you saying that he is still free to come here for visits during the I-129 process, but once they issue the K1 visa THEN he will be restricted from traveling to the USA? But that we can file for an Adjustment of Status requesting temporary travel permission (Advance Parole)? If so, THAT IS COOL NEWS!!

He won't be restricted from traveling to the USA at any time; he'll be free to visit while the I-129 is processing. They may give him extra scrutiny at the border because of his pending case (so he should be ready to demonstrate ties to Canada), and whether he gets in or not is always at the discretion of the border official. But he shouldn't have any trouble.

Once he enters with his K-1, he'll have to remain in the USA until his status adjustment is complete. That said, he can file for Advance Parole if an emergency comes up and he needs to go back to Canada.

I filed for an I-130 for my wife, who's from Mexico. While it was processing, she used her tourist visa to come visit me several times. Your fiance shouldn't have a problem.

Edit: For the record, I agree with Gary and Alla that filing directly for a CR-1 may be a better choice if you both live in the border region. It costs less (because you don't have to pay for the visa AND for the adjustment of status), will be a faster path to a CR-1, and you won't have the travel restrictions during the adjustment of status period (since there is no AOS period when you file directly for a CR-1). It's just as easy, if not easier than the K-1; just get married, and then file. He can continue to visit you during the processing time.

Edited January 18, 2012 by Dan C.

[JeeplessInSeattle 1]

Once the K-1 is issued, and your fiance comes to the US, then he cannot leave the US without abandoning his ability to return. The K-1 is a one-time use visa. Then you guys get married, and you must file for Adjustment of Status (please read up on this for future filing, some K-1 filers don't realize this step exists and are pretty mad when they realize). With the Adjustment of Status, you an file (for free) a form that when approved grants him temporary travel permission. That takes about 3 months. So effectively, he cannot leave the US for a few months, so be prepared for that. I said opposite way because he'll be stuck in the US, not in Canada Once he gets his greencard (when AOS is approved) he can travel without special permissions. You have a long while to worry about this though.

Congrats on your engagement!

OOOOOKay! This (and the other posts) all make sense now, especially the need to apply for the AOS immediately after we're married (and the fact he might be blocked at that point during the waiting period). WHO KNEW the government could be so pickin' FUN!!!! THANK YOU EVERYONE!!