Crossing American Border with 2 Pending Visas

[arielle 0]

Hello,

My name is Arielle, I live in Ontario Canada and I've been longdistance with my fiance/(husband) for 3 years. He lives in Atlanta GA and we always cross the border at the Buffalo Niagara crossing by car, and then fly from the Buffalo airport.

We have an interesting situation that I've searched for all the answers for, but we're still hesitant, so im finally reaching out on here to see what all of you wiser more experienced people might know about our situation.

We have 2 visas filed and currently are "pending". A K-3 and CR-1 (I-130)

Here is a bit of a timeline

2013

Feb 9th - got engaged

May 16th - legally married (that's why I put "husband" in brackets, because it's kinda a secret. Haven't had the actual wedding yet, but had to get married legally for the visas)

July 5th - CR-1

August 7th - K-3 filed/receipt received

So those 2 visas are pending and we're hoping for an interview and approval for the K-3 around January or February. Apparently the CR-1 is taking music longer than they expected and could be up to 16 months!

I have 2 questions.

1. I need to cross the border to visit him. With our jobs, it's alot easier for me to take time off to visit for a week or so. We haven't see eachother since July, and I'm actually hoping to cross at the border this Friday. I've researched a bunch about crossing, and apparently I have a good shot if I have letters from my jobs, pay stubs, paperwork from the 2 Visa Receipts, and proof of residence, and a returning plane ticket.

Any suggestions or anything before I try to cross on Friday?

2. We didn't have our actual wedding before we filed for the visas because I needed to still be able to work, so we figured we could wait it out in separate countries so I could still work, and we could just have visits until one of the visas went through.

We planned on a November 1st Wedding, but neither of the visa's is even close to being approved. Obviously, we're super bummed because we wanted to be married before the end of the year.

So this is our new "scheme".

I try crossing the border this friday. If it works, we go full force planning a wedding for December 7th or something.

End of november my mum, bridsmaids and I drive to the border and drive to Nashville for the wedding, telling the bordering we're on a "girls road trip" with concert tickets and everything, giving them a return date and I will have all of the same documents with me that got me over the border the first time.

Once we get to Nashville, we have the wedding, and they all go back to Canada, but I will stay for a couple extra weeks for honeymoon and Christmas, but just after Christmas i will return to Canada for my interviews and hopefully will be approved one of the visas by Feb or March.

Any advice on this? Think it could work? We obviously really dont want to have to wait till spring for our wedding, but also dont want to make a stupid mistake by trying to force it to be this year.

O, another random thing. Jacob (my fiance) and I have been invited to audition and be on the TV show The Voice (we're both musicians/vocalists and they discovered our youtube channel haha). But I cant compete until I have a permanent residency or Green Card. Our Audition is Feb 3rd.

Any suggestions to have something go through in time for us to be on the show? We're really worried the timing wont line up and we'll miss this big opportunity.

Thanks for reading all of this and for any help or advice you have to offer.

- A

[cahrie99 12]

I just want to wish you good luck and (congrats-on the wedding and big opportunity) I don't have experience in your area but from what I have read of others' posts it doesn't look like you are doing anything wrong. You have no intention to overstay, etc. so it looks legit to me Guess it will all depend on the boarder patrol and what they think though. I'm sure others here will be able to give you some good advice

[sirius 32]

Hi,

Two ways of looking at this: Practically & Theoretically.

Practically, I think you should go ahead with your plan. I have travelled to and fro the US a few times with i130 pending for 8 months earlier this year (it was approved recently) and no body ever questioned me about it. Once, I even had to go to secondary (because I was going for an elective course for a month and a half, without the full approval from the concerned university, they asked more questions about the program, entered a whole bunch of information in the computer and then let me through). The caveat here is that I always flew to the US, with a return ticket and I think that does hold weight when crossing the border, also, I would never lie to the authorities, answered all questions honestly and without panicking. If they had asked me about a pending i130 - I was mentally prepared to give them the truth, and then show them documents showing strong ties to Canada, but they didn't & I dont think its my job to bring it up, neither should you.

Theoretically, what you are doing is illegal. You can not go to the US with a set plan in your mind to get married without the proper visa (K3?). A friend of mine did the same thing you are doing, but he had no intentions of immigrating to the US. I told him what he's doing is considered illegal, but his exact words were "f*** em". He just wanted to get married in Chicago for other reasons and his wife would immigrate to Canada (still, by law, what he did was illegal). He had a smooth passage and I don't think anyone really cares, unless you have a nervous break down and spew all your intentions.

Go about it in a smart manner, and you'll be fine.

Good luck.

[Dylan'sWife 2]

Hello, if I am reading your post correctly,

*You and your husband are CURRENTLY legally married (I am guessing a civil ceremony)

*You want to be able to go visit him but are unsure if you will be bounced back at the POE because of your pending visa

*You would like to have a formal 'wedding' ceremony in the U.S. with some guests accompanying you into the U.S. and you plan to return to Canada after a short time to await your CR1 or K3.

*You are wondering if your visa process can be expedited so that you and your husband can be contestants on a Television show.

As you seem to already know, visiting your spouse (or fiancee) while having a visa pending can be a bit of tricky and confusing issue; and in most times you can be at the mercy of the CBP agent processing you. Some agents might feel that because you are an intending immigrant (at some point) they will deny you entry...while others are more concerned about the purpose of that particular trip and make their call based on that.

As you have said, it's helpful if you are able to firmly establish to their satisfaction that you are planning to return Canada on the date you have stated, such as providing a non refundable return ticket, a copy of your lease, a letter from your employer ect.as well as any currently paper work related to your visa application such as your NOA2. It will help establish that you aware the legal process and are taking the correct steps to follow it.

Unfortunately, no one here can guarantee that you will have no problems crossing into the U.S. Although, I can tell you that when I was in the process, I was always allowed to enter. Sometimes, depending on the question they asked me such as "Hello, do you have any fruit?"..."No"...."Great have a nice day" it was quick and easy...sometimes I was asked for proof that I planned to return. Only once was I sent to a secondary inspection, and it wasn't even the agent who processed me. After I cleared inspection and went to hand my card to the agent collecting them, she took a look at my baby (mine and my husband's- I had given birth prior to getting my Cr-1) and marked my card to go to the secondary.

When I handed my card to an agent at secondary- he asked me what happened. I told him, "Honestly I don't know...she took my card..then she kind of did a double take when she saw the baby stroller- marked the card red and sent me over here". I guess he must have felt sorry for me (seeing I had a small baby and needed a Air Canada Rep to help me with my bags - for those who don't know, at Pearson Airport you don't get to drop off your bags until after you have cleared customs) or because they were so busy he didn't want to add more work to their pile..and sent me on through.

As far as you and your family/friends entering the U.S. for a formal wedding, I would encourage you to be as honest as possible. If a CBP agent suspects you are trying to be deceptive or get one over on them , the consequences could have devastating effect on your visa process. Again, the questions you get asked might be as simple as "What is your final destination in the U.S. " or they could be more involved.

As to your visa being expiate so that you both can appear on a televised competition, it seems unlikely. In my situation, it kind of was (long story...as my process took almost 1.5 years...because of some minor mistakes on my husbands part such as sending the copy of the application instead of the one with our actual signatures (causing a 3 month delay) and for some explainable reason after our application cleared the NVC the CSC asked them to send it back which caused another several months to rectify ...but in our situation, our daughter (a USC) was very ill.

I have also heard of an application being expedited because a child of beneficiary (who was also going to immigrate) was going to 'age out'. In addition to situations if the fiancee ( in a K1) was going to deploy.

Your husband is free to plea his case to try and get the process expiated, but given the examples I am aware of..I don't think they would consider this to be a 'life and death' type of situation.

Edited October 6, 2013 by Dylan'sWife

[Matsiepan 6]

It's not illegal to come to the U.S. and get married (Vegas, anyone?"). It's illegal to come to the U.S. with the intention of immigration through marriage and not leave after.

[Dylan'sWife 2]

It's not illegal to come to the U.S. and get married (Vegas, anyone?"). It's illegal to come to the U.S. with the intention of immigration through marriage and not leave after.

Of course it's not illegal to get married in the U.S. but it is fraudulent to be deceptive when answering a CBP agents questions. If they ask, what is the purpose for the trip...and in reality it's to have a wedding ceremony (and then return to Canada) but you say...it's a "girls weekend away". That is a lie....and the ramifications of it can be more trouble than if you (or whoever) told the truth in the first place.

The WORST thing that can happen if you tell the truth is they will deny you entry in that visit. It will not ultimately hinder your visa process or approval.

The WORST thing that can happen if a CBP agent suspects you of fraud, is that you can be BARRED from future entry into the U.S> ( I believe it's a year ) .

[Matsiepan 6]

My apologies--- I was not suggesting lying to CPB at all. Always be honest in your answers, If a CBP asks if you are going to get married, then you answer truthfully, but it is not dishonest if you don't outline every little thing you plan to do on your visit. I've crossed the border saying I'm going to visit my husband and in-laws numerous times and have never had a problem.

[slvrfx576 15]

The problem with your plan is that you plan on misrepresenting your intentions to the CBP upon entry. Just tell the truth at the port of entry.

[Jawaree 717]

Depending on questions U could get mis-rep in the future if U do

not fess up to coming to see your husband. answers at ports R entered

into system, and travelling during process or getting marry is fine if

U leave, however if you state you coming to see a friend or family, or

as a tourist, at the interview they will see date of marriage and any

deception to the CBP so be very careful

[Cathi 5,755]

why lie to CBP when it could result in a ban for misrep? Never EVER lie when it comes to immigration. And you are ALREADY married. He is currently your husband

Edited October 7, 2013 by mimolicious

[Cathi 5,755]

I just want to wish you good luck and (congrats-on the wedding and big opportunity) I don't have experience in your area but from what I have read of others' posts it doesn't look like you are doing anything wrong. You have no intention to overstay, etc. so it looks legit to me Guess it will all depend on the boarder patrol and what they think though. I'm sure others here will be able to give you some good advice

what she wants to do isn't "legit" she wants to lie to CBP

[Boiler 45,525]

Keep it simple.

You are married.

If you wnat another wedding you need toi be divorced first, sounds like the word you are looking for is celebration.

[Brit Abroad 166]

NEVER lie to CBP. Very often they jot notes on your record and they can be pulled back up and used as Misrepresentation at a later stage. Misrepresentation doesn't have a time limit. It can happen before the visa is approved, it can happen when you apply for naturalization, it can happen when you are a citizen years down the line. It does not pay to lie.

You are legally married for the purpose of the visa, but you want a proper wedding ceremony for your families and friends. I see no problem in being truthful about the purpose of your visit. Of course, you will want to make sure that you have all the necessary evidence to prove that you intend spending a honeymoon period in the US and returning home to Canada to wait out the processing of your visa. CBP aren't stupid, neither are USCIS or the consulate staff at the Embassy. Start out with the truth, stick with it. Provided you plan ahead and get all your paperwork in order you shouldn't have a problem.

After all, how many people come and get married in Vegas and then leave? It's not unheard of.

[JRF 117]

I'd be surprised if you are able to obtain a visa and green-card by next February, in time for your TV show. I don't know that there is anything you can do to speed up the process at USCIS. I also thought the K3 was obsolete, making the CR-1 the only path forward.

Ditto the comments of others - always be honest, never lie, and be patient. Good luck!

Hello,

My name is Arielle, I live in Ontario Canada and I've been longdistance with my fiance/(husband) for 3 years. He lives in Atlanta GA and we always cross the border at the Buffalo Niagara crossing by car, and then fly from the Buffalo airport.

We have an interesting situation that I've searched for all the answers for, but we're still hesitant, so im finally reaching out on here to see what all of you wiser more experienced people might know about our situation.

We have 2 visas filed and currently are "pending". A K-3 and CR-1 (I-130)

Here is a bit of a timeline

2013

Feb 9th - got engaged

May 16th - legally married (that's why I put "husband" in brackets, because it's kinda a secret. Haven't had the actual wedding yet, but had to get married legally for the visas)

July 5th - CR-1

August 7th - K-3 filed/receipt received

So those 2 visas are pending and we're hoping for an interview and approval for the K-3 around January or February. Apparently the CR-1 is taking music longer than they expected and could be up to 16 months!

I have 2 questions.

1. I need to cross the border to visit him. With our jobs, it's alot easier for me to take time off to visit for a week or so. We haven't see eachother since July, and I'm actually hoping to cross at the border this Friday. I've researched a bunch about crossing, and apparently I have a good shot if I have letters from my jobs, pay stubs, paperwork from the 2 Visa Receipts, and proof of residence, and a returning plane ticket.

Any suggestions or anything before I try to cross on Friday?

2. We didn't have our actual wedding before we filed for the visas because I needed to still be able to work, so we figured we could wait it out in separate countries so I could still work, and we could just have visits until one of the visas went through.

We planned on a November 1st Wedding, but neither of the visa's is even close to being approved. Obviously, we're super bummed because we wanted to be married before the end of the year.

So this is our new "scheme".

I try crossing the border this friday. If it works, we go full force planning a wedding for December 7th or something.

End of november my mum, bridsmaids and I drive to the border and drive to Nashville for the wedding, telling the bordering we're on a "girls road trip" with concert tickets and everything, giving them a return date and I will have all of the same documents with me that got me over the border the first time.

Once we get to Nashville, we have the wedding, and they all go back to Canada, but I will stay for a couple extra weeks for honeymoon and Christmas, but just after Christmas i will return to Canada for my interviews and hopefully will be approved one of the visas by Feb or March.

Any advice on this? Think it could work? We obviously really dont want to have to wait till spring for our wedding, but also dont want to make a stupid mistake by trying to force it to be this year.

O, another random thing. Jacob (my fiance) and I have been invited to audition and be on the TV show The Voice (we're both musicians/vocalists and they discovered our youtube channel haha). But I cant compete until I have a permanent residency or Green Card. Our Audition is Feb 3rd.

Any suggestions to have something go through in time for us to be on the show? We're really worried the timing wont line up and we'll miss this big opportunity.

Thanks for reading all of this and for any help or advice you have to offer.

- A

[arielle 0]

what she wants to do isn't "legit" she wants to lie to CBP

Not really lying. Just not mentioning the words "my wedding celebration" if I dont have to.

I never said I'm going to lie to them. It's not a lie saying that it is a girls roadtrip (which it is), to visit friends and family (who will be at my wedding/celebration party thing).

Dont worry. I wouldn't make something up. It's just best to not spill all the details to them, which other people have told me above. :]