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

[Boiler 45,538]

Why would I post it if it was not true, Google is your friend if you want to check it.

[Groogrux108 14]

Why would I post it if it was not true, Google is your friend if you want to check it.

I thought it was odd that no one else brought it up since it's central to my initial plan. I was wondering if anyone could corroborate or further develop what you said, not really implying that it was completely untrue. I will google it for sure. Thanks!

[Teddy B 17,252]

I mentioned it as well.

1. Due to her being married to you, a USC, she may be denied entry due to her intent to immigrate.

2. If she is allowed entry she may not get the full 6 mos, that will be up to the CBP officer.

3. Either you or her could be denied entry at any time, either her into the US or you into Canada. If she stays for 6mos with you in the US and then goes to Canada, there is a good chance she will not be allowed back in the US for a while. Leaving the US for Canada after a stay on a tourist visa does not necessarily reset the clock. The CBP will know what's going on, they may or may not allow her to enter the US.

I may have missed a few things, but maybe someone else will chime in.

Edited to add: I would put the majority of the emphasis on the "they will not let her back in part". Anything is possible, but it is most likely she would be denied entry after going to Canada and attempting to re-enter the US after a long stay..

Edited October 5, 2015 by Teddy B

[Groogrux108 14]

I mentioned it as well.

Edited to add: I would put the majority of the emphasis on the "they will not let her back in part". Anything is possible, but it is most likely she would be denied entry after going to Canada and attempting to re-enter the US after a long stay..

Ok the two of you have said it and I found a link that corroborates it... https://help.cbp.gov/app/answers/detail/a_id/751/~/traveling-to-other-countries-while-in-the-u.s.-on-a-b1-or-b2-visaContiguous states (Canada and Mexico) have different rules. Makes sense. Even changing the hop-over country to other countries that aren't her home country (BRazil) would make her reentry raise more suspicion.

So definitely she would head back to Brazil and we may or may not try to stay in Vancouver for a couple months! That would eliminate the risk of not reseting the B2 and her not being allowed back in or getting a ban. Cool.

[Ryan H 3,812]

2 - Although there is an unofficial expedite, I was advised to not file from Brazil, which was my original plan, because I cannot prove "intent to reestablish domicile". Because I have never lived for a reasonable amount of time in the US in my adult life. I was born and raised in Brazil, but my dad, who still lives here in Brazil is American, and therefore, so am I. So, I currently do not have a job in the US, a US bank account, a US residence, or any of those things. That's why I decided to move to the US first, take a few weeks to establish these things and apply from there.

Just an FYI for anyone else who will read this thread. Intent to reestablish domicile does not come into play when filing a petition. That is dealt with later in the process.

[Groogrux108 14]

Just an FYI for anyone else who will read this thread. Intent to reestablish domicile does not come into play when filing a petition. That is dealt with later in the process.

How long after the start of the process does this come into play?

Also, if the border official questions us when entering the US if there is an current immigrant petition for her we would have to answer yes. This might keep her from entering, right?

[Ryan H 3,812]

How long after the start of the process does this come into play?

Also, if the border official questions us when entering the US if there is an current immigrant petition for her we would have to answer yes. This might keep her from entering, right?

Answers:

• The domicile issue is not dealt with until the time the I-864 is submitted to the NVC. The NVC will not have the file until after USCIS makes a decision on it first (and that decision must be an approval).
• Questions posed by CBP officers must be answered truthfully (failure to tell the truth carries severe consequences). The officer will have complete discretion on whether or not to admit.

[Groogrux108 14]

Answers:

• The domicile issue is not dealt with until the time the I-864 is submitted to the NVC. The NVC will not have the file until after USCIS makes a decision on it first (and that decision must be an approval).
• Questions posed by CBP officers must be answered truthfully (failure to tell the truth carries severe consequences). The officer will have complete discretion on whether or not to admit.

That's exactly my point... I would never lie to CBP... so I think starting the process from Brazil would render a higher risk of her not being denied entry, if she is asked about a pending CR-1 process... I know she has a better chance of entering after a certain point in the process, but then she would have to stay for about 4-6 weeks, as they would hardly grant the 6 month stay.. Is my thought process correct?

[asisflyer 47]

Life's easier if you haven't made up your mind yet.

Edited October 8, 2015 by asisflyer