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

[NigeriaorBust 4,087]

You talk of a wedding in the future and use the words my husband Are you currently married

[Loki_Go 126]

Even if you filed May 1st September is only 5 months from that. It doesn't sound like he'll have a visa by then given the current average processing time. And I thought you were already married? Your info says you filed a K3?

Edited July 28, 2016 by Loki_Go

[aaron2020 11,651]

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

You will have to be extremely lucky to get a visa in 4 months.

The US Government advises not to make plans until a visa is in his hands.

You mention wedding and husband. Are you already married? Are you filing for a spousal visa? Or is he your fiancé?

Edited July 28, 2016 by aaron2020

[Teddy B 17,252]

You will have to be extremely lucky to get a visa in 4 months.

The US Government advises not to make plans until a visa is in his hands.

You mention wedding and husband. Are you already married? Are you filing for a spousal visa? Or is he your fiancé?

I think the op is hoping her husband can enter as a tourist for their wedding celebration in Sept, not the actual ceremony. She also states that they already filed an I-130 and mentions in her first post that they were married in Abu Dhabi.

[melphelan 8]

Im not sure why it says I did a K-3 visa...thats not what we did. We lived outside of the US in Abu Dhabi and got married there in Feb of this year. Then filed the i130 in May. Then we moved back to North America in June. He is in Canada and I am in the US. However he did just make a small trip to Chicago and they let him in...they questioned him and needed to see a return flight plan but they did let him.

Edited July 28, 2016 by melphelan

[NovaSprings 89]

While we where in process, I made frequent trips to the US to visit my husband and never had and issues crossing. From my personal perspective, couple of items of advise.

1. Be honest with CBP officer when he crosses. The purpose of the visit is to see his wife. You have an active Visa case. His intention is to immigrate, but will follow the process.

2. Have a plan and a time line for the visit with proof. Flying is best as there is a defined return. If you plan on traveling while his is visiting, have an itinerary, etc. You will need to show that the visit has a defined start and end date. The CBP will be looking for proof that the intent is not to overstay.

3. If possible. have documents showing ties to Canada while the visa process is in play. Will he be going back to school? Will he have a part-time job? Will have be renting an apartment, ie have a lease, water bill, electric bill etc...

4. Copies of any correspondence related to your visa, NOA 1, NOA2...etc

[Cathi 5,748]

You have not answered the question. Why are you having a wedding if you're already married?

[melphelan 8]

Because we got married in Abu Dhabi and didn't get to celebrate with our family. Sept 17 isnt the actual wedding...just our wedding reception/party.

Thank you NovaSprings. That helps me stay positive. Will work on those things....how long were your visits usually?

[NovaSprings 89]

Because we got married in Abu Dhabi and didn't get to celebrate with our family. Sept 17 isnt the actual wedding...just our wedding reception/party.

Thank you NovaSprings. That helps me stay positive. Will work on those things....how long were your visits usually?

No problem Melphelan. I was employed full time throughout the process so my max stay was three weeks. Canadians can stay a total of 182 days within a 365 day period. The catch is within a 365 day period. So, for example, he would not be able to stay for 182 days, fly back to Canada and say 2 days later fly back to the US for another long period of stay.

Hope this make sense. Stay positive.

Here is a CBC story you may find helpful http://www.cbc.ca/news/canada/canadian-snowbirds-rules-you-need-to-know-1.2925513

[Teddy B 17,252]

No problem Melphelan. I was employed full time throughout the process so my max stay was three weeks. Canadians can stay a total of 182 days within a 365 day period. The catch is within a 365 day period. So, for example, he would not be able to stay for 182 days, fly back to Canada and say 2 days later fly back to the US for another long period of stay.

Hope this make sense. Stay positive.

Here is a CBC story you may find helpful http://www.cbc.ca/news/canada/canadian-snowbirds-rules-you-need-to-know-1.2925513

There is no 365 day rule. The only rule is 6 months (or 182 days) per entry. It is perfectly legal for a Canadian (or anyone with a valid tourist visa) to visit the US for 6 months, leave for 2 months and then be allowed entry for another 6 month stay. It is entirely up to CBP.

Edited July 28, 2016 by Teddy B

[NovaSprings 89]

There is no 365 day rule. The only rule is 6 months (or 182 days) per entry. It is perfectly legal for a Canadian (or anyone with a valid tourist visa) to visit the US for 6 months, leave for 2 months and then be allowed entry for another 6 month stay. It is entirely up to CBP.

Hum...interesting, anything I have read says 6 months within a 12 month period. However further research it looks like this is related to US IRS. I refer you back to the CBC story. There are also other references on the web.

[Teddy B 17,252]

Hum...interesting, anything I have read says 6 months within a 12 month period. However further research it looks like this is related to US IRS. I refer you back to the CBC story. There are also other references on the web.

6 months stay in a one year period is the "rule of thumb" used by most people including CBP, but there is nothing written that states this is a law. Nor is there anything written that says a person cannot stay 6 months, leave for a month and then re-enter for another 6 months. The main issue is whether or not the CBP thinks you are trying to live/work in the US without the proper status for doing so. There have been many instances where people have been admitted multiple 6 month entries in less than a one year period. All entries are at the discretion of the CBP officer. The tax issue is something to be considered by anyone staying in the US for more than 6 months, but it is a separate issue and has nothing to do with whether or not a person is allowed entry.

I found this article on Forbes.com which is pretty clear on this issue.

Let’s look at the immigration side of the issue and leave the taxes aside. It is true there is a Canadian misconception that the maximum period of stay in the U.S. in any calendar year is six months. People can be forgiven for believing this, because such well respected publications as the Financial Post repeat the canard. Unfortunately, I have heard of people’s experiences at the border which tell me that this rumor has taken on quasi-official status.

In actual fact, the rule is that on any particular visit, a Canadian can stay in the United States for no longer than six months. However, a Canadian may very well be able to stay in the U.S. for longer than six months cumulative time in any given calendar year, provided they are not trying to live there permanently.

Example: A Canadian goes to the U.S. for six months, then leaves. They return a month later and stay another six months, then leave. They come back a third time a month later and try to enter the U.S. Denied. Why? Because the border official figures they’re living there permanently and they don’t have the proper visa to allow it.

http://www.forbes.com/sites/andyjsemotiuk/2015/01/19/how-long-can-a-canadian-stay-in-the-us-and-vice-versa/#56889bd1783b

[melphelan 8]

Thanks for everyones help and advice on this. Now I guess I am just focused on having him here for our wedding celebration. It's clear he won't be able to stay here the whole time. But for the wedding celebration and then visits after that would be nice. So I guess it is just up to the CBP officer that day if he/she believes my husband that he will return to Canada with his return flight ticket.