Concerned about husband's visit

[rowanheather 23]

Hello! I'm a January 2014 I-130 filer. My husband is in the Canadian Forces and is scheduled to be released from the military around the end of April 2014. At that time, I am planning to fly up to Ontario to visit with him and his parents for a week, then he is planning to fly back to the US with me for an extended visit (we're thinking of two months). After that visit, he'll return to Ontario, get a job and wait for his CR-1 visa to be approved.

My big concern is him being questioned the border. He will have just been released from the military, and therefore will not have a job. He will also be living with his parents, so will not have a lease or anything like that. He will have a return ticket for 2 months later and can state that his car and belongings are all in Ontario and that his intention is to return as planned and continue the I-130 process.

We are trying to do everything correctly and legally, but I have major concerns about him being denied at the border.

Anyone care to share thoughts? Any ideas for other evidence of ties to Canada?

Thanks!

[warlord 73]

It'll probably just depend on the border guard you get. The return ticket is a good thing which he will have, though without the job or lease etc, that may be something where they'll want to bring him in for secondary questioning. So just expect that to happen while they ask him more details and him just explaining the situation.

Knowing that you will be going into secondary questioning before you even arrive will make things smoother for him as he will expect that and not be nervous (which is usually what happens to people and they then forget to state important facts that could help them). So just make sure he gets to the airport in plenty of time so that he doesn't miss his flight.

Not sure if he can get a tourist visa for only 2 months, if so, maybe he could secure that a head of time? I don't know much about the tourist visa's at all and maybe Canadians don't need one if the the trip is under 3 months...

[rowanheather 23]

It'll probably just depend on the border guard you get. The return ticket is a good thing which he will have, though without the job or lease etc, that may be something where they'll want to bring him in for secondary questioning. So just expect that to happen while they ask him more details and him just explaining the situation.

Knowing that you will be going into secondary questioning before you even arrive will make things smoother for him as he will expect that and not be nervous (which is usually what happens to people and they then forget to state important facts that could help them). So just make sure he gets to the airport in plenty of time so that he doesn't miss his flight.

Not sure if he can get a tourist visa for only 2 months, if so, maybe he could secure that a head of time? I don't know much about the tourist visa's at all and maybe Canadians don't need one if the the trip is under 3 months...

Thanks for sharing your thoughts. Yes, I think it will depend largely on the border guard we get. Anticipating secondary questioning is a good way to be prepared and we will account for that in planning our arrival time at the airport. I'm always so nervous going through customs, so I know I will be very anxious. If secondary questioning does happen, will it be just him that is questioned? Or us together? Or us separately? I'm just not familiar at all with the process and would like to know what to expect.

As for the visa, Canadian citizens do not need a visa to enter the US for the purpose of visiting and can stay for a maximum of six months.

[Jeremy12095 8]

You will be fine. The guys prior military just bring his military ID card with him on the flight, when he gets questioned give the immigration officer the military id card and explain hes going to visit his wife for a few months and go home to Canada he's an honest and honorable guy and he's a man of his word. I don't see there being any issues. Him being Canadian and prior military shows his character and chances are they wont bother him.

With alot of other people the issue is having a pending I-130 it makes it hard to prove he intends to return to his country, generally if you apply for a tourist visa with a pending I-130 it will get denied but him being Canadian is totally different.

[Rob & Monika 87]

I think the biggest factors when flying is to watch what you say, and to pack light. It really comes down to the impression you give the agent, about people skills really.

[sirius 32]

Two months is a LONG time. I'd be skeptical and wary of being denied. Laws don't change based on profession. I would be careful as this may hinder his chances of visiting you in the future as well. He is, for all intensive purposes, an intending immigrant without a job at home and visitng for 2 months, which is considered a very long time if you are travelling from Canada. If he was coming from somewhere in Europe, it would be different. Anyways, you can go ahead but my advice would be to be honest and forthright, keep your answers short and to the point, dont bother with stories or hardships. If they initially tell you no etc., its worth while making a sad face and saying please a few times. I once got sent to secondary while visiting the US last summer because I did not have an invitation letter from the university I was going to for an elective course. They said they wont allow me in for 1.5 months without that letter. But after a while, they took a whole bunch of information from me and let me through. So it all depends on your luck. PS: I have travelled to the US with my immigration process ongoing about 8-9 times, my advice is that if youre flying: go early morning rather than late afternoons. Officers are usually in a good mood early in the morning and grumpy by late afternoon from dealing with all the people. Thats just my take on the matter. Good luck.

[rowanheather 23]

Thanks, everyone, for the feedback. We're going to talk this over again before making any official plans.

We thought air travel (with a return ticket) would look better than him driving down, but it still seems it will raise a lot of red flags.

Would it help to have a letter from his parents stating that he is living with them and that his car and all belongings are at their residence in Ontario? Probably not, eh?

I can't really think of anything else he could use to support his return -- just his plane ticket and his verbal assurance. And then it all comes down to the border officer...

[mtlguy 59]

You're over thinking it.

Nothing to worry about. Let him visit and make sure he carries with him the notice you guys got back from USCIS about you filing the I-130. Just ask him to be honest if they ask any questions pertaining to his immigration intention.

The fact that you had filed an I-130 and going through the legal process is proof enough that you don't have any ulterior motives.

Let him visit. and have fun.

[rowanheather 23]

You're over thinking it.

Nothing to worry about. Let him visit and make sure he carries with him the notice you guys got back from USCIS about you filing the I-130. Just ask him to be honest if they ask any questions pertaining to his immigration intention.

The fact that you had filed an I-130 and going through the legal process is proof enough that you don't have any ulterior motives.

Let him visit. and have fun.

Thank you for saying this. My husband has the same optimistic attitude as you -- I am (obviously) the worrier in the relationship. I guess I know just enough to be dangerous and I'm trying to prepare myself for the worst.

I will try my best to relax and look forward to his visit. And, of course, have fun while he's here

[ricnally 259]

I visited for 3 months during my K1 and had no proof of ties, no job, no lease and was let in. I wondered if I might be turned away too. No point in worrying about it. It's all up to the officer on the day, and it's out of your hands.

[Flames9_RN 358]

I think it boils down to a few things, 1) the POE officer and 2) how one handles them self. Show respect (yes sir/no sir/no maam/yes maam)Look at them when talking, confident in ur short replies, all goes a long way. Take the Immigration paperwork with you--but don't hand it over unless asked, or if he thinks it would help his case. Been others that have gotten for a lot longer period

[Technicalglitch 3]

I get treated better going by air. Going by car they always gave me a hard time. They treat air passengers better, I think they might have to meet a higher standard of turning someone away (whether that's official or just the way they do it) when the person has bought an air ticket, or maybe air passengers give them a harder time back as they aren't so intimidated.

I'd recommend flying if possible, but either way, just anticipate going into secondary. I think they have an unwritten quota of people they have to give a hard time to, and us super-responsible people who are the last people in the world to actually do something wrong for some reason are the ones they pick, probably as they can do the bad cop ritual for show and then let us through in the end. Makes 'em feel like a job well done.

Edited February 26, 2014 by Technicalglitch

[Flames9_RN 358]

Probably more along the lines they have to deal with people lying, and hearing their excuses, and by chance, you get that POE officer having a bad day! And we all have bad days. I'm always surprised how so many people on this forum cut them down, it may seem they have a very easy job, just sitting at a desk, but in that very short interaction period, they have to make a decision if your telling the truth or lying. I would hate to be the POE officer that let in a known terrorist that caused a great deal of pain to families.

[Technicalglitch 3]

Good god, if they are profiling people like me as potential terrorists or even potential illegal immigrants, then they really are incompetent. Sorry, I've crossed the border too often to cut the jerks among them too much slack (they're not all jerks, but the job does attract or cultivate a higher than usual number of power freaks). There is a certain amount of bad cop ritual that just becomes an eye-roller over time when used on people like me, too. I'm 100% nice to them, and just stand quietly if they go into the routine, they have always talked themselves out of it when I leave them to it. Occasionally though they will tell you something that is just wrong, and they have way too much power in situations like that. I've always won every polite disagreement I've had with them, but they have too much power on the American side of the border in being able to make decisions that have no way to appeal them.

Edited February 26, 2014 by Technicalglitch

[sirius 32]

I agree with technicalglitch. Being a frequent traveller to the US, I can concur that the POE officers at airports are much nicer and more polite as compared to those at road borders. I have travelled from Windsor-Detroit and Niagara Falls by road, and at both ports I found the tone of the POE officer quite condescending and demanding. I think the work at road borders is annoying. Just imagine sitting in a box by yourself half the day, dealing with all kinds of people. All it takes is one idiot who can ruin your day - and then others suffer from it. The ones who are indoors/secondary dont have it any better, they have to do car searches and things like that. I think the work in airports is comparatively less annoying and generally they deal with working professionals (air fares arent as affordable as they once were).

Also, since Dec 2013 at Pearson, they have installed those machines that print out your declaration cards at US immigration also, the POE officers hardly ask any questions and the process is much quicker for Canadians. Last two times I travelled, the officer at POE did not ask any questions, just looked at my passport, stamped the boarding pass and handed it back to me (we exchanged no words). The time I was sent to secondary last summer, I recall there was another lady, who appeared to be in her mid-40s, she was asked by the officer in secondary "Do you like America? you visit so often." and she replied "Yes, but I like my country (Canada) better". And the officer suddenly became so rude, and fired back "Then why are you going to America? Stay in your country!".