US citizen marrying a Canadian citizen, can he remain in CA to work while we process his green card?

[stevie b 141]

Well let me ask this question. He currently has a 10 year travel visa for the US. He has CA citizenship but he's been using the 10 year visa to travel back and forth since 2010 (He got this visa originally to be in the wedding party of the wedding were we met). Since he has this visa that is still current for another 6 years, can he use that to go back and forth between the 2 countries while we are processing his permanent residency or is that visa somehow affected by the process?

the visa is not affected

there is a high probability of additional scrutiny when crossing and NO guarantees

there are many success stories about crossing the border when a petition is in the works with a tourist visa

there are also several not so successful stories

I am sure other members will chime in as the day goes on

[NikLR 13,227]

The other visa is not affected until he is granted his CR1 visa.

As it is, if he's a Canadian citizen he didn't and doesn't need a visa to travel back and forth from the USA.

It will take from 4-8+ months from initial filing until you need the AOS documents. Joint sponsors are acceptable for all CR1/IR1 visas.

I would talk to him about having a quick civil ceremony (probably in the USA as you can get your marriage certificate back sooner that way) and then having your big white wedding after he's in the USA.

[pushbrk 12,898]

Stop planning the "wedding" in any way that includes more than a completely TENTATIVE date.

[Shom 1]

the visa is not affected

there is a high probability of additional scrutiny when crossing and NO guarantees

there are many success stories about crossing the border when a petition is in the works with a tourist visa

there are also several not so successful stories

I am sure other members will chime in as the day goes on

I see.

As things stand now we will do the civil ceremony in Sept '13 and the 'white wedding' Summer '14.

The decision of when do we begin the application process is what we have to figure out. Do it immediately after the civil ceremony to expedite the time that he will be able to work in the US (ie the time he will make the final move) or wait until after the white wedding to start the process and not have to deal with the slim possibility that he will have a boarder issue.

I will hope and pray that is legitimate "strong ties to Canada" (Work, rent, ongoing education..) will be enough to permit the entry for the Summer '14

[Shom 1]

Stop planning the "wedding" in any way that includes more than a completely TENTATIVE date.

Yes that would be ideal. The issue is the venue requires a contract and the date is locked in. And we are also inviting some of his family members from out of the country that will also need a visa to travel (not citizens of US or CA) that being the case with need a set date and printed invitations so we can start the paper work too.

If it term out that that there is a really strong possibility that he will have an issue despite all the evidence the shows his strong tie to Canada remain, we probably will just have to put off the application process until after the white wedding (the civil one will be this Sept)

We really didn't want to have to do that just because it extends the time apart by another year.

[Shom 1]

The other visa is not affected until he is granted his CR1 visa.

As it is, if he's a Canadian citizen he didn't and doesn't need a visa to travel back and forth from the USA.

It will take from 4-8+ months from initial filing until you need the AOS documents. Joint sponsors are acceptable for all CR1/IR1 visas.

I would talk to him about having a quick civil ceremony (probably in the USA as you can get your marriage certificate back sooner that way) and then having your big white wedding after he's in the USA.

Yes that is the plan. Civil in Sept '13, White summer '14. The date of the white wedding is already locked in. I'm just trying to figure out if its too risky to start the immigration process before the white wedding, and risk him not being permit in the country. If the risk is 2-4% ok I think we'll be fine but if its more like 20-30% than i'm worried.

I had to look up what AOS means (yes I am that much of a fish out a water). Could you explain to me what was the relevance of it taking 4-8 month before I need these documents. I know you were making a point relating to my situation but my ignorance of the immigration process made it go over my head (excuse me).

Thanks

[lost_at_sea 995]

The decision of when do we begin the application process is what we have to figure out. Do it immediately after the civil ceremony to expedite the time that he will be able to work in the US (ie the time he will make the final move) or wait until after the white wedding to start the process and not have to deal with the slim possibility that he will have a boarder issue.

I will hope and pray that is legitimate "strong ties to Canada" (Work, rent, ongoing education..) will be enough to permit the entry for the Summer '14

There is ALWAYS a possibility of issues at the border. It doesn't matter what you're doing or who you're visiting, agents can always turn folks away if they believe they're entering fraudulently (I.e. with intent to stay). I'd get and file the petition ASAP, if I were you. You're only marginally increasing odds of turn away, not going from 0 to some odds.

Visiting his fiance *without* a plan for long term legal settlement might seem more fishy to some agents than travelling with a petition pending. This is why many people travel with copies of their NOA1/2.

There is always risk. Mitigate against it. Work to being permanently together ASAP, IMHO.

[Shom 1]

There is ALWAYS a possibility of issues at the border. It doesn't matter what you're doing or who you're visiting, agents can always turn folks away if they believe they're entering fraudulently (I.e. with intent to stay). I'd get and file the petition ASAP, if I were you. You're only marginally increasing odds of turn away, not going from 0 to some odds.

Visiting his fiance *without* a plan for long term legal settlement might seem more fishy to some agents than travelling with a petition pending. This is why many people travel with copies of their NOA1/2.

There is always risk. Mitigate against it. Work to being permanently together ASAP, IMHO.

"I'd get and file the petition ASAP, if I were you. You're only marginally increasing odds of turn away, not going from 0 to some odds." By this do you mean the petition for permanent residency?

"Visiting his fiance *without* a plan for long term legal settlement might seem more fishy to some agents than travelling with a petition pending" He has visited me back and forth up on till now with no problem. I thought the issue arises when I start the process of I-130/ CR-1. I thought thats when the red flags are raised. Correct me if I'm wrong.

After the civil ceremony in Sept, he would only visit on more time for the white wedding in the summer of '14 until the entire process is done with. I would imagine that wouldn't seem "fishy" I mean he could carry the venue contract with him and whatever else is necessary to show that there is actual a wedding going on with 150+ ppl in attendance. Additionally there would be documentation showing 'strong ties to CA" I mean at that point we'd be 9 months into our application process, it would be insane to attempt to sneak him into the country at that point. It seem so rational to mean but I know i've been cautioned about no guarantees :/

[lost_at_sea 995]

"I'd get and file the petition ASAP, if I were you. You're only marginally increasing odds of turn away, not going from 0 to some odds." By this do you mean the petition for permanent residency? No, I mean, some people believe being married is a bigger red flag than being engaged (and being engaged more than being just bf/gf), as as you go up the commitment level so does your temptation to stay. I'm not convinced by this, particularly, personally.

"Visiting his fiance *without* a plan for long term legal settlement might seem more fishy to some agents than travelling with a petition pending" He has visited me back and forth up on till now with no problem. I thought the issue arises when I start the process of I-130/ CR-1. I thought thats when the red flags are raised. Correct me if I'm wrong. No, not necessarily. It really depends on the agent. Some, when presented with evidence of a pending petition have been CONVINCED that they're doing the right thing and let people in at secondary. The logic being - why would someone be spending money and time on the legal option if they're just gonna ignore and stay illegally?

After the civil ceremony in Sept, he would only visit on more time for the white wedding in the summer of '14 until the entire process is done with. I would imagine that wouldn't seem "fishy" I mean he could carry the venue contract with him and whatever else is necessary to show that there is actual a wedding going on with 150+ ppl in attendance. Additionally there would be documentation showing 'strong ties to CA" I mean at that point we'd be 9 months into our application process, it would be insane to attempt to sneak him into the country at that point. It seem so rational to mean but I know i've been cautioned about no guarantees :/ Exactly. Your logic here is good and likely correct.

Basically. No guarantees. Ever, regardless of what you're doing. He could come visit you tomorrow and get some snotty border agent who doesn't believe he's going home. Anyone who travels to the US has this risk on any visa that isn't immigrant (and, even then, if the agent thought the IR-1/CR-1 had been obtained fraudulently, they can put you back on the plane. Ultra rare, but possible.). That's all I was trying to say.

You're doing the right things, you're preparing for the worst. I honestly don't believe that he will have any trouble visiting you, because you're going to be so over-prepared with evidence that even on the slim possibility that they took him to secondary screening he'd be overflowing with good evidence.

We, as a forum, just can't give you guarantees. Even if you called up and asked them the official line they'd say no guarantees either.

You should know that the border agent won't be able to see whether you have a pending petition. Their systems aren't that joined up.

Edited June 27, 2013 by lost_at_sea

[pushbrk 12,898]

Yes that would be ideal. The issue is the venue requires a contract and the date is locked in. And we are also inviting some of his family members from out of the country that will also need a visa to travel (not citizens of US or CA) that being the case with need a set date and printed invitations so we can start the paper work too.

If it term out that that there is a really strong possibility that he will have an issue despite all the evidence the shows his strong tie to Canada remain, we probably will just have to put off the application process until after the white wedding (the civil one will be this Sept)

We really didn't want to have to do that just because it extends the time apart by another year.

Then STOP those plans and start them again when he has the visa in hand. Otherwise, prepare for a lot of stress and heartbreaking events.