Crossing the border while CR1 is in process - from Canada

[cbott 0]

I am considering applying for a CR1 visa but am concerned that I may not be able to enter the USA during the approximately 12 months that the visa is in process. Can other Canadian citizens comment on their experience?

The reason that we want to go with the CR1 process is that our current situation works quite well, and we are ok with continuing to visit on weekends for the next year. However, if I'm barred entry from the USA during that time it would be very difficult and we'd think more about the K1 process.

Here are the details of my situation, in case they help.

- My fiance and I have been together for more than 6 years.

- I live in Vancouver, BC and he is in Bellingham, WA. We live only 50 miles apart.

- I usually enter the USA via land crossing.

- Currently, we see each other every weekend, usually alternating location. Therefore, I typically enter the USA once every two weeks, staying from Friday night to Monday morning.

- I could easily carry a copy of my apartment lease and a letter from my employer stating that I'm employed full time and work Monday to Friday.

- We have both held Nexus cards for about 5 years, so our Nexus records should show a strong pattern of regular visits & returns.

- Obviously, we would get married and then apply for the CR1. We'd prefer to get everything done in one process, rather than go through the K process.

[bsd058 296]

I am considering applying for a CR1 visa but am concerned that I may not be able to enter the USA during the approximately 12 months that the visa is in process. Can other Canadian citizens comment on their experience?

The reason that we want to go with the CR1 process is that our current situation works quite well, and we are ok with continuing to visit on weekends for the next year. However, if I'm barred entry from the USA during that time it would be very difficult and we'd think more about the K1 process.

Here are the details of my situation, in case they help.

- My fiance and I have been together for more than 6 years.

- I live in Vancouver, BC and he is in Bellingham, WA. We live only 50 miles apart.

- I usually enter the USA via land crossing.

- Currently, we see each other every weekend, usually alternating location. Therefore, I typically enter the USA once every two weeks, staying from Friday night to Monday morning.

- I could easily carry a copy of my apartment lease and a letter from my employer stating that I'm employed full time and work Monday to Friday.

- We have both held Nexus cards for about 5 years, so our Nexus records should show a strong pattern of regular visits & returns.

- Obviously, we would get married and then apply for the CR1. We'd prefer to get everything done in one process, rather than go through the K process.

No need to be concerned. Just need to bring proof of ties with you while crossing the border.

Bring the following:

1) Employment Verification Letter

2) Current Rental Agreement

3) Notice of Action I-797C Form

4) Recent pay stub

Anything that will show that you are intending to return.

[Teddy B 17,251]

No need to be concerned. Just need to bring proof of ties with you while crossing the border.

Bring the following:

1) Employment Verification Letter

2) Current Rental Agreement

3) Notice of Action I-797C Form

4) Recent pay stub

Anything that will show that you are intending to return.

Maintain solid ties to Canada during the CR-1 process, and you should be fine.

[hikergirl 277]

I concur with the others. The proof of ties is important for travelling back and forth. I have a trip booked down south for Feb - I'll let the Canada forum know if I have any issues.

There are many other factors to look at for deciding which Petition/Visa type to go with (other than just time): http://www.visajourney.com/content/compare

The K-1 is not necessarily a quicker option than the CR-1 and costs a lot more if you look at the chart.

There are other factors to think about as well - some of which are of course only applicable to us Canadians.

With the CR-1 you will be able to work right away in the US - the K-1 you have to wait until after you are married to file for adjustment of status and Employment Authorization and Advance Parole.

With the CR-1 you can apply for Canadian EI right away as you are authorized to work - with the K-1 you apply right away but cannot receive any benefits until you have the Employment Authorization.

With the CR-1 you are able to travel back to Canada after POE with no delay - with the K-1 you have to wait until after you are married to file for adjustment of status and Employment Authorization and Advance Parole. The Advance Parole is what you need prior to departing the US.

With the CR-1 you may be able to be added to your spouse's health plan right away (but some insurers don't consider immigration as a life event) - with the K-1 you should have interim coverage from your POE until you can get added when you are married (I've never heard of marriage not being considered a life event)

Good luck in whatever you decide.

[bsd058 296]

I'm leaving this Saturday for Florida. I've got my usual evidence:

1) NOA1 - I-797C

2) Employment Verification Letter with acknowledgement that I'm returning to work in the New Year, w/recent pay stub (for Dec 15, 2012)

3) Proof of Return Flight booked (for following week)

4) Proof of Vehicle Registration

5) Room Rental Agreement (w/recent payment receipt)

6) Just enough clothes for a 1 week trip

So it should be fun. They never give me trouble. I once showed up in a U-Haul bringing all of our stuff down to Florida and this evidence was still good enough for them to let me pass.

So, don't worry about it. Just make sure you DEFINITELY BRING THE I-797C Notice of Action. Do not forget that! Probably one of the most important pieces of evidence. In fact, last time I crossed, that's the only document they cared about. That and the fact that I was only bringing enough clothes for the duration of the trip.

Edited December 17, 2012 by bsd058

[cbott 0]

Thanks so much for the useful responses! Very re-assuring, this was my biggest worry with this particular process.

[NikLR 13,220]

I always just take a carry on with clothes for the week. Since I have use of a washer and dryer down there I don't need much more than that. I've never been asked any evidence (just how we met - online gaming) but last time I took my business card and my boss's as well (he wrote me a letter but I didn't take it, it stated I was visiting a friend not my husband like I'd asked him to write), a photocopy of the NOA1, my itinerary and a recent pay stub.

[sweety-sweet 1]

Thank you so much for all your inputs. I did buy the ticket to visit my husband in States on mid of January. I prepared all these to bring with me. I am blessed to find this forum and you all. Thanks again...

[sweety-sweet 1]

With the CR-1 you can apply for Canadian EI right away as you are authorized to work - with the K-1 you apply right away but cannot receive any benefits until you have the Employment Authorization.

I am Permanent residence of Canada. I am here for 3 years and working for 3 years as well. Am I eligible to apply Canadian EI?? I do understand this is not the correct topic to ask for this but please forgive me.

[Ms Hogan 295]

I have been traveling back and forth every other weekend and some weekends right after one-another since we filed at the end of October. Only one time have I been asked if I'm applying to relocate. The rest of the time I have been asked the same questions as always with no concerns at all.

What is your citizenship?

Where are you going?

How long are you staying?

Are you bringing anything with you?

Have a good trip.

As I said, one time I got asked if I was applying to move and I said yes. That was it.

I brought a letter from my boss the first time but then forgot the second time and haven't bothered since. I know I take the chance of being turned around but I suppose they see that I keep the same general habits. I'll just keep doing what I've been doing all along and hope for the best.

[Teddy B 17,251]

I'm leaving this Saturday for Florida. I've got my usual evidence:

1) NOA1 - I-797C

2) Employment Verification Letter with acknowledgement that I'm returning to work in the New Year, w/recent pay stub (for Dec 15, 2012)

3) Proof of Return Flight booked (for following week)

4) Proof of Vehicle Registration

5) Room Rental Agreement (w/recent payment receipt)

6) Just enough clothes for a 1 week trip

So it should be fun. They never give me trouble. I once showed up in a U-Haul bringing all of our stuff down to Florida and this evidence was still good enough for them to let me pass.

So, don't worry about it. Just make sure you DEFINITELY BRING THE I-797C Notice of Action. Do not forget that! Probably one of the most important pieces of evidence. In fact, last time I crossed, that's the only document they cared about. That and the fact that I was only bringing enough clothes for the duration of the trip.

Enjoy your trip to sunny Florida, BSD!

[hikergirl 277]

I am Permanent residence of Canada. I am here for 3 years and working for 3 years as well. Am I eligible to apply Canadian EI?? I do understand this is not the correct topic to ask for this but please forgive me.

I found this: http://www.servicecanada.gc.ca/eng/sc/ei/sew/eligibility.shtml

It says PM are eligible to apply for EI.

As long as you qualify with the number of hours you work and such, you should be able to claim it.

[sweety-sweet 1]

I found this: http://www.servicecanada.gc.ca/eng/sc/ei/sew/eligibility.shtml

It says PM are eligible to apply for EI.

As long as you qualify with the number of hours you work and such, you should be able to claim it.

Thank you. I will learn more about moving to States and applying Canadian EI.

[bsd058 296]

Thank you. I will learn more about moving to States and applying Canadian EI.

EI is a provincial insurance benefit and will not affect your sponsor's commitment to support you (since you are only a permanent resident of Canada). You pay into it and should you qualify for the benefits, you should receive from it. Good luck with your move to the US.

Enjoy your trip to sunny Florida, BSD!

Thanks, Teddy! Can't wait!

[hikergirl 277]

EI is a provincial insurance benefit and will not affect your sponsor's commitment to support you (since you are only a permanent resident of Canada). You pay into it and should you qualify for the benefits, you should receive from it. Good luck with your move to the US.

EI is a Federal benefit claimed through Service Canada. But you are right in that it has nothing to do with the US or US immigration.