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Posted

Hello all,

I'm a USC and my wife and I have been married for 8 years living in Canada so we're quite familar with the immigration process going though it once already. I recently accepted a new job where we'll be moving back to the US. Our target date to move is Aug 1, 2013. With the current processing times we it looks like at the earliest we would be approved is Sept or Oct.

While we are waiting for my wife's visa to be processed can she:

Travel to the states with me to look for a house?

If we move Aug 1 can she come with and stay until her visa is approved and then come back to do interview? I'm thinking it would only be a few months at the most so it would be under the 6 months she is allowed.

Thanks.

Posted

For anyone watching this thread, the rules are DIFFERENT if you are not from Canada. See other similar threads for more information.

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

For anyone watching this thread, the rules are DIFFERENT if you are not from Canada. See other similar threads for more information.

the rules are the same aside from needing a tourist visa.

yes you can go.

bring your ties to home country.

up to the discretion of cbp officer if they let you in.

oldlady.gif

Posted

the rules are the same aside from needing a tourist visa.

yes you can go.

bring your ties to home country.

up to the discretion of cbp officer if they let you in.

Well, my husband could visit me from the UK for only 3 months, not 6, and on the Visa Waiver Program, not using a formal visa. Most of the rules are the same, but in practice things can be a bit different and I don't want anyone to see this and think their situation is exactly the same.

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Well, my husband could visit me from the UK for only 3 months, not 6, and on the Visa Waiver Program, not using a formal visa. Most of the rules are the same, but in practice things can be a bit different and I don't want anyone to see this and think their situation is exactly the same.

correct but by simply saying the rules are different i think you may scare some people into thinking they cant visit at all lol

oldlady.gif

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Hello all,

I'm a USC and my wife and I have been married for 8 years living in Canada so we're quite familar with the immigration process going though it once already. I recently accepted a new job where we'll be moving back to the US. Our target date to move is Aug 1, 2013. With the current processing times we it looks like at the earliest we would be approved is Sept or Oct.

While we are waiting for my wife's visa to be processed can she:

Travel to the states with me to look for a house?

If we move Aug 1 can she come with and stay until her visa is approved and then come back to do interview? I'm thinking it would only be a few months at the most so it would be under the 6 months she is allowed.

Thanks.

Yes with a qualification. She should have ties to Canada. In other words, a job, a rental agreement (or a place to stay), a car registration, etc.. Also, always bring the hard copy of the NOA1 (I-797C) to show that she intends to do everything the legal way and that she intends to complete the interviewing process outside of the US. Make sure she only brings enough clothes for the trip otherwise CBP will get suspicious.

You really do need to make sure you have it figured out how she'll stay in Canada after the visit.

But I've gone with my wife to move our stuff to FL and move into our new place. The officer just asked for my NOA1. I also went to visit her at Christmas and they wanted to make sure she petitioned for me while we were in Canada (for some unknown reason the CBP officer thought that if she petitioned for me while she was in the US, my status would have been different). But again, they wanted to see the NOA1, and that was their main concern.

So it's a yes to your question, but it's a qualified yes. You need to make sure she can prove ties to Canada and bring the NOA1.

 

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