CR-1 beneficiary on a Tourist B2 visa -- Seattle-Vancouver Commute

[Groogrux108 14]

Considering that she gets in for 6 months, and she gets the Canadian Visa, does this sound like a reasonable plan?

[Teddy B 17,252]

Considering that she gets in for 6 months, and she gets the Canadian Visa, does this sound like a reasonable plan?

I would say the biggest hurdle is her being allowed entry into the states for the 6 months if at all. Having a USC husband who just relocated from Brazil to the US will make her ties to the US stronger than they are to Brazil. That will be a red flag for her possible intent to immigrate.

Edited October 2, 2015 by Teddy B

[FabtheFab 67]

Hi,

I think your plan is fine. I'm Brazilian and my husband is living in the US too and I have visited him many times during our relationship with a B1/B2 visa - they have always given me 6 months of stay, even with multiple visits within the same year (but I never stayed more than two weeks because I work).

However, last time I came, I was brought into secondary and a person from USCIS checked my name in their database and let me go. I am not sure if if was because I just received my NOA2 from CR-1 or because I had many stamps from Turkey in my passport (I am working in a company project there, and I know it's a high risk country for terrorism).

By the way, good news: I am about to finish my CR-1 process (hopefully be approved at the interview), and it looks like it will be over within 9 months, not really 12. If you need any tips, let me know. Good luck!

[Ontarkie 14,228]

Hi,

I think your plan is fine. I'm Brazilian and my husband is living in the US too and I have visited him many times during our relationship with a B1/B2 visa - they have always given me 6 months of stay, even with multiple visits within the same year (but I never stayed more than two weeks because I work).

However, last time I came, I was brought into secondary and a person from USCIS checked my name in their database and let me go. I am not sure if if was because I just received my NOA2 from CR-1 or because I had many stamps from Turkey in my passport (I am working in a company project there, and I know it's a high risk country for terrorism).

By the way, good news: I am about to finish my CR-1 process (hopefully be approved at the interview), and it looks like it will be over within 9 months, not really 12. If you need any tips, let me know. Good luck!

There is a big difference between coming to visit for 2 weeks at a time throughout the year, then staying the full 6 months. Then try to reset the time by jumping to Canada for a few months and trying to get back in.

[Groogrux108 14]

Hi,

I think your plan is fine. I'm Brazilian and my husband is living in the US too and I have visited him many times during our relationship with a B1/B2 visa - they have always given me 6 months of stay, even with multiple visits within the same year (but I never stayed more than two weeks because I work).

However, last time I came, I was brought into secondary and a person from USCIS checked my name in their database and let me go. I am not sure if if was because I just received my NOA2 from CR-1 or because I had many stamps from Turkey in my passport (I am working in a company project there, and I know it's a high risk country for terrorism).

By the way, good news: I am about to finish my CR-1 process (hopefully be approved at the interview), and it looks like it will be over within 9 months, not really 12. If you need any tips, let me know. Good luck!

Yes, let's keep in touch!

As I will address in my next post there is a concern towards the long duration of her stay.

[Groogrux108 14]

Regarding the full 6 month period and the canada reset, that is exactly why I started this thread... maybe people have done this and it worked out fine, maybe it's deemed to risky by some... maybe she could just stay the next few months altogether in Canada and not even try to get back into the US? this would such a little but it would still be a lot better than her waiting in Brazil.

Regarding my ties to the US, when I travel I will have none! I have no residency, bank account, job, nothing... But I still see the weakness of her ties to Brazil as a possible hurdle (hopefully we get the same border officer as last time, who did not check a thing)...

Altogether while in the US we will be doing a TON of tourism and visiting my family who lives spread out everywhere (dallas, detroit, north carolina, etc)..

[Boiler 45,538]

What does she do that allows so much vacation?

[Boiler 45,538]

I assumed the OP would be visiting Canada every weekend as going to Canada does not reset the B2.

[vorticity 0]

I assumed the OP would be visiting Canada every weekend as going to Canada does not reset the B2.

I think this is a good point. When my husband was with me in Canada, although he didn't need an initial visitor visa since he's a U.S. citizen, we did extend his visitor status a few times. On the extended visitor visas that we got, it's clearly labelled that re-entry is not guaranteed. Perhaps this isn't the case for other visitor visas but I thought only the supervisa allows re-entry.

Most of the discussion has been about whether CBP would be okay with the border hopping, but I've personally found the Canadian Border Services Agency to also ask a lot of questions, and search the car and interrogate/lecture my husband (then boyfriend) and other fun border crossing activities we've probably all had.

You're exposing yourself to risk every time you cross the border in either direction, and definitely don't expect CBSA to be nicer than CBP. But if you're okay with the level of risk and can roll with the consequences should the worst happen well why not go for it. We chose to limit our border crossings while one of us was in visitor status.

[thingtheories 1]

If you legally reside in Brazil, why not go the direct consular processing route? Much, much faster than moving, finding a job, then filing.

[teeak 224]

If you legally reside in Brazil, why not go the direct consular processing route? Much, much faster than moving, finding a job, then filing.

There's no DCF in Brazil.

[thingtheories 1]

There's no DCF in Brazil.

Oh, #######. Just kidding then!

[FabtheFab 67]

Well, I think that if you do this, she can only enter the US once, maybe stay for 4-5 months and don't come back before she gets her CR-1 visa.

Another thing you must consider is her ticket when entering the US as a tourist - a few immigration officers asked to see my ticket to see my return date. If you show something longer than 6 months, you'll be in trouble.

DCF doesn't exist in BR, but many Americans living there file from abroad - that is a lot faster than the normal process. The USCIS took 4.5 months to review my case, while I know a few Brazilians who got it in 1-2 months because their husbands were living there. Maybe you should consider it.

[teeak 224]

I don't think filing from abroad affects how quickly your petition is adjudicated. It depends on where your petition is sent to. For example, California Service Center has been very quick in processing petitions but other places like Vermont have been very behind.

Those people who got adjudicated in 1-2 months probably had petitions in the CSC while I see yours was in Nebraska which is more backlogged.

[FabtheFab 67]

I don't think filing from abroad affects how quickly your petition is adjudicated. It depends on where your petition is sent to. For example, California Service Center has been very quick in processing petitions but other places like Vermont have been very behind.

Those people who got adjudicated in 1-2 months probably had petitions in the CSC while I see yours was in Nebraska which is more backlogged.

Well, as far as I knew, people filing from abroad were intentionally sent to faster processing centers because they were supposed to be given priority. Kind of like the Philippines story. Maybe I'm wrong.