filed an i130, how can my husband stay with me while pending?

[melphelan 8]

Hello,

My husband and I just moved back to North America from Abu Dhabi. He is Canadian and I am American. We got married while we were there in Abu Dhabi and then filled out an i130 and send it in in May. Now that we are back on North American soil, I want him to be able to stay with me in America while the case is pending....how can we go about doing this???

[Ryan H 3,812]

He can only visit but he cannot stay until he has the appropriate visa.

[melphelan 8]

How long can he stay for and what does he need at the border to show that he will only visit?

[Merrytooth 5,748]

https://help.cbp.gov/app/answers/detail/a_id/619/~/visiting-the-u.s.---documents-required-for-canadian-citizens-%2F-residents-%2F

He needs to documents like apartment lease, job contract, etc. showing that he has strong ties in Canada.

[lost_at_sea 995]

He can stay for the length of time he was given when he entered the USA - you can look up his I-94 record to check if it wasn't written in his passport.

https://i94.cbp.dhs.gov

Usually, a person is given 90 days from the date they entered the USA to leave again. Given that you just moved from another country and I assume that means he has no ties in Canada (no job, home etc.), then they may not be too keen to let him back in again for another visit. It sounds a lot like he doesn't HAVE a home anywhere else but the USA.

Edited July 27, 2016 by lost_at_sea

[JFH 12,190]

Canadians can get up to 6 months but it will depend what was granted by the CBP officer when he arrived. He must leave by that date.

[melphelan 8]

Yes, that is the problem...he does not have many ties to Canada because we have been living abroad. His whole family does live there and he does have a bank account there. He is also still paying off student loans from a Canadian college. He will have a bill in his name also from his mother's house.

[JFH 12,190]

Yes, that is the problem...he does not have many ties to Canada because we have been living abroad. His whole family does live there and he does have a bank account there. He is also still paying off student loans from a Canadian college. He will have a bill in his name also from his mother's house.

I would make the most of your time together on this current visit and prepare yourselves for him not being able to visit again until the visa is approved. He can certainly try his luck again at the border after this visit and try and visit again but there are no guarantees he will be let in. Unfortunately those of us with spouses in the USA are always treated with the most suspicion and distrust by the CBP officers.

[JFH 12,190]

*~*~*moved from "what visa do I need" to "CR-1 spouse visa process and procedures" as OP has already filed I-130 and chosen the CR-1 route

Edited July 27, 2016 by JFH

[newacct 688]

You say you guys are in North America. Does that mean you are in the US? or Canada?

[melphelan 8]

I sm in US, he is in Canada

[aaron2020 11,651]

Your husband may be able to visit. It will depend on his ties to Canada and the conversation with CBP.

He can not come and live here by cutting the queue. He has to wait for his immigration visa to come and live here.

[canadian_wife 1,822]

What part of Canada is he in? Montreal is the only consulate that does immigrant visas so prepare for that additional cost.

Does your husband not need to work? The medical and costs to Montreal can be several hundred dollars.

Good luck

[melphelan 8]

we have money saved from when we were both working in Abu Dhabi for the past 5 years so we would use that. He is from north of Toronto, so yeah, we will have to pay for him to do all of these things in Montreal. I just hope he can come for our wedding in September or we'll have a lot of money wasted and have to cancel a lot of vendors

[Teddy B 17,252]

Most Canadians are given a 6 months stay when entering the US as a tourist. If he flies into the US, he will more than likely get an I-94 stamp in his passport telling him how long he can stay, it may be 6 months, it may be less. If he drives over the border, he will probably not receive an I-94 stamp in his passport and will be admitted for 6 months. If he stays longer than the time allotted he will be in an overstay situation. His weak ties to Canada may be an issue for him entering the US.

Edited July 28, 2016 by Teddy B