I-129 and I-130 for Canadians

[jhansen6 0]

My wife is Canadian, I am dual US/Canada. We filed I-129 and I-130 about 7 weeks ago. Received the receipts for both. Tried to use those receipts to enter the US, she got denied entry. The CBS guard told us that they were already looking at her case and nothing derogatory had been found against her. Called the hotline, they said 5 months longer processing time. I read online that's only the first step, and it realistically will take 12 months or so until she can actually enter the US. Is that true?

[Alaska2012 462]

No, she should be able to come and visit. They might ask her to prove that she will return to Canada, if they think she will try and adjust status they can deny her entry.

Why did you file I-129?

[jhansen6 0]

I filed I-129 because it was free with filing the I-130. We were hoping one of the two might have a shorter processing time than the other. Anyways, she can't enter into the US, the border guard told us that if she tries again she will be barred from the states for 5 years.

[ricnally 259]

Did she say at the border that she was planning to stay? Did she have all her belongings with her, like she was moving for good?

[Alaska2012 462]

That's not true. Many people visit their husband/wife while waiting on their visa and that's perfectly legal.

[jhansen6 0]

We had the car packed with stuff yea. Just wondering about waiting times tho... How long it took.

[Ryan H 3,834]

***Moved from Bringing Family Members of US Citizens to America forum to IR-1/CR-1 Process & Procedures. Post in unrelated thread removed.***

**Moderator hat off**

Since your wife had been refused entry, she has been undoubtedly flagged in the system and it's very possible that she will not be allowed to enter until she obtains a spousal visa.

Currently, one should plan on 10-12 months from the time the petition is filed to the time an interview takes place and count their blessings if it does not take that long.

[newacct 688]

I don't know why you would "try to use those receipts to enter the US". Having a pending petition doesn't give any right to enter or be in the US. If anything, it makes it harder to enter the US. There is no rule that says she can't enter with a pending petition, but if the immigration officers know about the pending petition, it will increase the burden on her to prove that she is not staying. If she just tried to enter as a normal Canadian visitor for a brief visit without mentioning the petition, she might have had better luck, but now it's too late.

Edited September 17, 2015 by newacct

[Dualie 185]

That's not true. Many people visit their husband/wife while waiting on their visa and that's perfectly legal.

Allowing entry is at the discretion of the CBP officer. I had no problems traveling between Canada and the US, but I traveled very light (overnight bag and TONS of proof of ties to Canada). The fact that they had a packed vehicle flagged her and as Ryan H said, It is highly likely that she will not be allowed entry until she has the visa in her hand. It is unfortunate, but sometimes it happens - even to people with lots of proof of ties.

[ricnally 259]

We had the car packed with stuff yea. Just wondering about waiting times tho... How long it took.

So she was moving before being authorized to do so. Yeah, she probably won't be allowed back in for a visit during the wait for the actual visa.

[jhansen6 0]

Dualie, did you apply from Canada or from the US? I'm wondering if I can just move back to Canada for the process to be with her.

[Dualie 185]

Dualie, did you apply from Canada or from the US? I'm wondering if I can just move back to Canada for the process to be with her.

My husband petitioned for me from the US. If you are a dual citizen there is nothing (that I am aware of) that can stop you from going there to be with her during the process. Good luck!

[jhansen6 0]

I posted this before, but here's an update.

We're having some issues with my wife immigrating to the states, whereas I have dual citizenship. She's Canadian and had applied for the CR-1 spouse VISA (I-130 document). This is the soonest we could have done it, as we married in May 2015 and had to wait for our marriage certificate before submitting. We tried entering the states with our car, and I guess they figured she was moving in before she had her VISA so we got detained and they told us not to try again or she'll get banned for 5 years. I had (wrongly) assumed that since we are Canadian entering would not be an issue, as we've entered many times before. She did not intend to WORK during this time, just to live with me until we got the VISA. Given she cannot work without a VISA, I assumed this was understood by the border guards.

Since then we've learnt that she could have maybe gotten in had we shown proof of a round trip flight for example, and other ties to Canada such as a job or lease in Canada. Given we were planning on moving, so we got rid of our apartment and job, we could not show any of these. Because of this I guess she's stuck in Canada. Furthermore, I'm guessing she's been flagged, and if we tried to have her enter the country it would ruin her chance at getting the VISA altogether.

Anyways, we spoke to a lawyer by phone and we were told to expect this damn I-130 process to take like 12 months, and we only received NOA1 1 month ago (submitted 2 months ago). Given we just got married and it's pretty brutal to spend a year apart from my wife, we're considering abandoning our plans to live in the US together and I would just move back to Canada. It seems we either A) live separate for a year (really shitty), B) live in Canada for a year and post-pone our lives, or C) try to figure out some way to allow her to cross the border and allow her to enter and stay with me, not working, until her VISA comes in.

So next week we're meeting with the lawyer in person. I wanted to ask here whether people have suggestions for questions we should be asking our lawyer?

thanks guys

[Boiler 46,198]

I thought it took some time to go through the Canadian process? Do you mean you would visit her?

Canadians do not need visas to visit, VISA is a credit card, tm, but if presumably she has re established ties, job, apartment in Canada she could certainly try and visit you.

12 months seems right.

Visitors can not work in the US anyway. She will be work authorised entering with a CR1 immigrant visa.

[Hypnos 6,578]

They suspected she was immigrating without an immigrant visa, which is why she was refused entry. Technically they likely allowed her to withdraw her request for admission, which is better for you since it doesn't carry a ban.

She can attempt entry as a Canadian visitor in the future, but will likely need to show substantial ties that would necessitate her returning to Canada by the end of her authorised stay. She has probably been flagged for further attention at whatever PoE she attempts entry at from now on.