Please help!

[harveyxoxo 0]

So, my fiance and I have met with 2 different lawyers now. We have been getting conflicting info. Here's a snap shot:

He is a US citizen who works for the State.

I am a Canadian citizen who works for the governemnt of Ontario (social work). I have a house, my full time job, and a horse. We have struggled trying to figure out what to do with our upcoming marriage, because I am NOT going to be able to drop my house (I wish to rent it vs. sell it) or leave my horse (who I board out) for several months. I am also not going to be able to come to the US and not work for several months (such as with a fiance visa) while I wait for the visa to be approved. It's just financially not do-able.

The conflicting information we have gotten is that 1 lawyer told us that we can file for a spousal visa, and I will be able to travel back and forth from the US while this is occuring IF I maintain strong documentation of my intent to return to Canada (bus ticket, plane ticket, mortgage, horse board, letter from employer with vacation approval, etc). Keep in mind I travel to the US almost monthly for 4-5 days at a time.

The other lawyer has flat out told us that once the petition is filed, I CAN NOT travel back and forth, regardless of documentation, and that there will be complications if I am stopped and then denied (ie. processing will be slowed down and/or it can jeopradize my visa approval). The logic given to us today is I can show all those documents, but I am contradicting myself about returning to Canada by having filed for a spousal visa.

This would mean that for the 6-12 months of processing, I could only see my fiance for 2-3 days every other months when he is able to come to Canada (due to the nature of his job and the way vacation is accumulated)...I have been very upset about this all day and trying to find answers on the internet but have been unable to come up with any solid documentation on this.

I generally travel by land to Buffalo from Ontario, Canada and fly out of Buffalo.

Do the US Customs officers have access to information about petitions filed, etc? AM I allowed to travel once the spousal visa is filed? What have been other's experiences?

Thank you in advance for your sharing your insight / experiences

Edited May 1, 2012 by harveyxoxo

[Ryan H 3,812]

The other lawyer has flat out told us that once the petition is filed, I CAN NOT travel back and forth, regardless of documentation, and that there will be complications if I am stopped and then denied (ie. processing will be slowed down and/or it can jeopradize my visa approval).

This lawyer is WRONG.

The other lawyer is correct.

[sheeshkabelle 153]

"1 lawyer told us that we can file for a spousal visa, and I will be able to travel back and forth from the US while this is occuring IF I maintain strong documentation of my intent to return to Canada (bus ticket, plane ticket, mortgage, horse board, letter from employer with vacation approval, etc). Keep in mind I travel to the US almost monthly for 4-5 days at a time."

Lawyer 1 is correct. Lawyer 2 is a moron. And you don't really need a lawyer at all. You can DIY with the help of this site!!

My husband has NEVER had an issue coming to visit during the entire process. Do as he told you. You'll be fine. If CR-1 is the path you chose to take. With your circumstances, it sounds like this is the way you should go.

The great part about a CR-1 is you can work as soon as you cross and have a social security number (maybe a 3 week wait) If you need more time to work out details of a move, you can purposely slow yourself down at the NVC stage and take as much time as you need. Once the visa is issued after interview, you can take six months before activating it and crossing.

[HeatDeath 430]

+1 above.

The only caveat I would add to Lawyer 1's advice is that it is entirely possible, despite carrying evidence of strong ties to Canada, and a copy of your visa application documents up to that point, that you might get denied entry to the US on one of your attempts to visit the US anyways. It's purely random, and just depends on the personality and mindset of the CBP officer you randomly get at the border.

Don't worry too much if this happens. A denial on a visit attempt while a spousal visa is pending will have no impact on the spousal visa approval or your eventual entrance to the US with the spousal visa. Just be aware that it could happen, despite yours or anyone's best efforts, and that while inconvenient, it's not anything to really worry about long term.

[harveyxoxo 0]

Thank you for your replies! Well that is a relief...Sitting in that meeting yesterday with the lawyer I was thinking it doesn't make sense...why would the US rather me come in on a K-1 visa and struggle and sit on my behind for 6 months vs. come when I am approved and prepared and ready to job search right away?

If I get turned away at the border, will that affect me other times that I choose to come? I have been asked before if I've been denied entry into the US, even though I've never been.

I think we are going to look more into doing the paper work ourselves...the cheapest lawyer we've found has been $2k, all the way up to $5k, with application fees additional. That could be money in our pocket...from what people are saying, it sounds as though it's pretty straight forward.

Are there any negatives to getting married in Canada first vs. the US? We were thinking that we would need to be married on US soil first, but it sounds like that would be considered a "fraud" to the US government if we do that without first obtaining a K-1.

[sulhaq 60]

HeatDeath is absolutely correct.

Just to add to this, I think you have such strong evidence of home ties (Mortgage, Job, Horse board) that you will most likely not be denied. However, you have to realize and face the fact that a really minute possibility still exists, despite your best efforts or best evidence, that you could be denied.

The more you visit, the more your chances for denial increase (at least that's what I've heard). So, I suggest that after you file your petition, you limit your visits to the US to minimize the chances for denial. Visit less frequently than before.

If you are denied once, then I believe the chances of you getting denied again on a different visit also increase, since the CBP officer will most likely ask you if you were denied and then the reason for it. This will complicate things.

None of these denials however, will have any effect on your actual petition or later application for Immigrant Visa, although, it is very possible that you will be asked about all of your visits/denials to the USA that occured while your petition was in process (if they occur). So I suggest you have a solid explanation ready for that.

Good luck!

Edited May 1, 2012 by sulhaq

[harveyxoxo 0]

I have another question...

So we were looking at what getting married in Ontario is going to entail...always read the fine print (ugh). To be married in Ontario, because my fiance was divorced before, we need to get a letter of opinion from a Lawyer, and then apply for the marriage license. They are only valid for 3 months and he needs to go with me with his passport and birth certificate. He is coming to see me in early June, and the the wedding is Sept 22nd so that's obviously not going to work out.

Now we are considering getting married here first and having the reception / renewal of vows etc in Ontario.

my question is - if we get married here and I don't have a K1 Visa and tell the POE officer that I'm just visiting, is it considered fraud? I would be returning to Ontario and waiting until after our wedding to file, it would just save us a LOT of money and headache to be married here first.

Will it affect my ability to travel if I'm married here vs. Ontario and filing, or is it all the same in the wash?

Thanks

[sheeshkabelle 153]

So we were looking at what getting married in Ontario is going to entail...always read the fine print (ugh). To be married in Ontario, because my fiance was divorced before, we need to get a letter of opinion from a Lawyer, and then apply for the marriage license. They are only valid for 3 months and he needs to go with me with his passport and birth certificate. He is coming to see me in early June, and the the wedding is Sept 22nd so that's obviously not going to work out.

Now we are considering getting married here first and having the reception / renewal of vows etc in Ontario.

What a pain in the ####### that is! In Alberta all I had to do was show the commisionary my divorce decree and we got the license right then.

my question is - if we get married here and I don't have a K1 Visa and tell the POE officer that I'm just visiting, is it considered fraud? I would be returning to Ontario and waiting until after our wedding to file, it would just save us a LOT of money and headache to be married here first.

Will it affect my ability to travel if I'm married here vs. Ontario and filing, or is it all the same in the wash?

Getting married in the US is no big deal. People do it everyday. As long as you go home to file for the CR-1, there are absolutely no problems. 99% of the time if you tell the CBP officer what you are doing, and you are well aware of the immigration procedures, they have no problems letting you in. Be truthful, look them in the eye, try to not be too nervous, and keep your answers short and to the point. (they don't want a life story) And do no 'volunteer' information.

We were married for a year before I ever filed the I-130 for my husband for his CR-1 visa. He's never had a problem what so ever. He always took poof of his ties to Canada and always told them that he was visiting his wife in Tennessee. One time he was held up but it was Christmas and the CBP officer was cranky. Once Mr. Sheeshka explained that I had not filed yet, because we were saving money for the move and filing fees Mr. Cranky Pants CBP officer let him through.

There are some people who either get pulled into secondary screening (I've been there twice) and there are those that do get denied entry. It does happen. So like Heatdeath said, be sure to take all your proof and have a back up plan just in case.

Edited May 1, 2012 by sheeshkabelle