I-130 February 2017 filers

[Dee14 2]

So just wanted to update everyone on my case. My scan date for my AOS package at NVC is August 31st. I'm patiently waiting so 4 weeks down pending review. The anxiety is killing me. 

[Mrs. DPK 66]

On 7/9/2017 at 11:00 AM, acidrain said:

why people who have applied for a IR1 aren't allowed to stay in the US for 6 months. Even he did not understand why there would be a need to do this. This part has made everyone I talk to shake their heads. If I was a snowbird or was not planning on moving to the US there is a very high probability the border would grant me a 6 month stay. But when you intend on immigrating I've been told it is against the rules to spend more than 1-2 weeks at a time visiting my spouse.

 Hello @acidrain,

 

I came across your post and became very scared since my wife will be trying to visit me from Peru for (hopefully) a month and a half at least.

She has a good visitor record and always got a 6 months stamp on her passport. So I would deeply appreciate if you'd tell me where and when did you find this information? did it came from a official source that you could direct me to?

 

Hope you and your husband reunite very soon,

DPK

[acidrain 325]

29 minutes ago, dpk said:

 Hello @acidrain,

 

I came across your post and became very scared since my wife will be trying to visit me from Peru for (hopefully) a month and a half at least.

She has a good visitor record and always got a 6 months stamp on her passport. So I would deeply appreciate if you'd tell me where and when did you find this information? did it came from a official source that you could direct me to?

 

Hope you and your husband reunite very soon,

DPK

I have asked what the rules are to various people (border officials, lawyers) and have gotten different answers. I have been told by a border official that I could visit my spouse for up to 6 months without any implications to my IR1. But when I went into secondary they said the opposite was true. That I have to spend 2x more days in Canada in contrast to the time in the US. 2 separate lawyers said the same thing that I must remain outside the US and can visit my spouse for short visits. There is a claim if you spend more days inside the US while your CR1/IR1 is being processed, it can be grounds for being denied. You are in effect seen as residing in the US while your application is being processed and living in the US without proper documentation is illegal. I find the rule dumb because Canadians can visit the US for up to 180 days a year.

 

In your case your wife is visiting from Peru so it's a bit of a different circumstance. You would obviously have to get permission from the border but I think your chances are higher for a longer visit based on the high cost of airfare. I'm guessing there is a low probability your wife is going to want to go back and forth every couple months. I don't know what your set of circumstances are and how much your wife has visited in the past year. But if this her first visit in the past 6 months she has still spent the majority of time outside the US.

 

In what I have observed the experience at the border depends on each individual. If her passport is not flagged like mine is she has a very high probability she will get through customs without more than a few questions. Just keep in mind the more time spent in the US, the more likely a person will be asked why. Always bring proof of ties in showing she will go back after her visit and I'm sure she will have no issues.

Edited September 28, 2017 by acidrain

[Mrs. DPK 66]

7 minutes ago, acidrain said:

But if this her first visit in the past 6 months she has still spent the majority of time outside the US.

 

Thank you a thousand times for your reply! This particular sentence I've quoted gives me a lot of hope. As she has not come to the US for a year now, and I was the one constantly visitng her.

I hope she gets a nice border official so that everything goes smooth. Again, a big thank you.

 

Best,

DPK

[acidrain 325]

9 minutes ago, dpk said:

 

Thank you a thousand times for your reply! This particular sentence I've quoted gives me a lot of hope. As she has not come to the US for a year now, and I was the one constantly visitng her.

I hope she gets a nice border official so that everything goes smooth. Again, a big thank you.

 

Best,

DPK

I honestly don't see an issue with your wife visiting you with all the rules that have been explained to me. I wonder sometimes if anyone really knows what the rules are because I can't believe how one question can lead to 10 different answers.

 

If your wife gets grilled about why the long visit I would say the cost of airfare and the amount of time it takes to travel. I think it's perfectly reasonable to want to go on an extended visit based on the fact she loses a few days both ways traveling.

 

My passport is flagged (long story) so I know I have to report to secondary. I have crossed the border twice with no issues and to be honest I was 100% prepared to be sent on the next flight home. My best advice is to be completely honest and travel with as much evidence as you can to show a return back home. Plan for a worst case scenario. Things like doctors appointments, weddings, baby showers, travel plans wound up being more convincing than showing my car insurance. Both times they went over my lease agreement. I showed Facebook conversations talking about getting together with my friends when I returned. Most importantly make sure your wife travels with all her immigration documentation. They want to see the Notice of Action (NOA1). The biggest proof of all is showing she is doing everything legally.

 

It's pretty rare to see anyone get denied at the border in this forum. I had a section 212 (intent to immigrate) which is flagged on my file and with the proper documentation I was able to get through. It's extremely stressful and I'd imagine traveling that length would be hard. Most of the customs people I've encountered are actually really nice. I've noticed though when people get rude, defensive, aggressive or insulting is when things don't go too well.

Edited September 28, 2017 by acidrain

[Dianalorena 1,153]

@acidrain I have a 212, and that's the reason they canceled my previous tourist VISA. I overstayed four days and even though I disclosed it and tried again after six months, I was still denied, this was before starting the CR1. Even though I am not technically banned from trying or the US, they just didn't give another VISA, which is basically like being banned anyway, since I am not part of the VWP, I'm Mexican so, basically a rapist and murderer. 

 

what baffles me is how they're unable to determine what the actual rules are. Some people say it's okay to travel on a pending immigration process (and I have in the past) others say it's not a good idea and that you will be stopped and sent back. Some say months are okay, others not. And that's because they've all experienced different things, I know it comes down to the officer but it just seems ridiculous how arbitrary it can be. Either specify the rules/regulate it or explain why it is inadvisable.

My guess is, it's unconstitutional because the grounds on which they stop people from entering are based on the probability of them overstaying- adjusting from the inside. A girl on this forums told me the story of how she'd been crossing to see her husband for years (up to 5 entries, no longer than 2 months each) and on the last one she was stopped, terrorized for hours, forced to sign documents, told she was banned for five years and sent back to her country in Latin-America. 

They told her it was illegal for her to visit her US husband. (At that point they hadn't started the R1 process) It just makes me so mad to think about how they mistreat people on a daily basis and tell us whatever they want to tell us.

 

It's been over a year since I last visited the US, and since I've been away from home and my husband. The fact that I lost the opportunity to visit him while we undergo this hell of a process torments me regularly, but at the same time, the idea of trying to see him and being denied/sent back for lack of ties to my country would have been too much to handle. I guess it was a twisted blessing in disguise. 

 

 

Edited September 28, 2017 by Dianalorena

[Mrs. DPK 66]

20 minutes ago, acidrain said:

Most importantly make sure your wife travels with all her immigration documentation. They want to see the Notice of Action (NOA1). The biggest proof of all is showing she is doing everything legally.

 Absolutely! We are already preparing a whole binder for her to show with documents of all our journey.

 

DPK

Edited September 28, 2017 by dpk

[Lazybones18 261]

1 minute ago, Dianalorena said:

@acidrain I have a 212, and that's the reason they canceled my previous tourist VISA. I overstayed four days and even though I disclosed it and tried again after six months, I was still denied, this was before starting the CR1. Even though I am not technically banned from trying or the US, they just didn't give another VISA, which is basically like being banned anyway, since I am not part of the VWP, I'm Mexican so, basically a rapist and murderer. 

 

what baffles me is how they're unable to determine what the actual rules are. Some people say it's okay to travel on a pending immigration process (and I have in the past) others say it's not a good idea and that you will be stopped and sent back. Some say months are okay, others not. And that's because they've all experienced different things, I know it comes down to the officer but it just seems ridiculous how arbitrary it can be. Either specify the rules/regulate it or explain why it is inadvisable.

My guess is, it's unconstitutional because the grounds on which they stop people from entering are based on the probability of them overstaying- adjusting from the inside. A girl on this forums told me the story of how she'd been crossing to see her husband for years (up to 5 entries, no longer than 2 months each) and on the last one she was stopped, terrorized for hours, forced to sign documents, told she was banned for five years and sent back to her country in Latin-America. 

They told her it was illegal for her to visit her US husband. (At that point they hadn't started the R1 process) It just makes me so mad to think about how they mistreat people on a daily basis and tell us whatever they want to tell us.

 

It's been over a year since I last visited the US, and since I've been away from home and my husband. The fact that I lost the opportunity to visit him while we undergo this hell of a process torments me regularly, but at the same time, the idea of trying to see him and being denied/sent back for lack of ties to my country would have been too much to handle. I guess it was a twisted blessing in disguise. 

 

 

Can he come see you ?

 

My wife is unable to come see me also during this process

[Dianalorena 1,153]

7 minutes ago, Lazybones18 said:

Can he come see you ?

 

My wife is unable to come see me also during this process

he can, but he has a full-time job with little vacation time,  but we've managed to see each other every 3-4 months.  

I'm sorry you guys can't see each other at all, that must be terrible  

[acidrain 325]

15 minutes ago, Dianalorena said:

@acidrain I have a 212, and that's the reason they canceled my previous tourist VISA. I overstayed four days and even though I disclosed it and tried again after six months, I was still denied, this was before starting the CR1. Even though I am not technically banned from trying or the US, they just didn't give another VISA, which is basically like being banned anyway, since I am not part of the VWP, I'm Mexican so, basically a rapist and murderer. 

 

what baffles me is how they're unable to determine what the actual rules are. Some people say it's okay to travel on a pending immigration process (and I have in the past) others say it's not a good idea and that you will be stopped and sent back. Some say months are okay, others not. And that's because they've all experienced different things, I know it comes down to the officer but it just seems ridiculous how arbitrary it can be. Either specify the rules/regulate it or explain why it is inadvisable.

My guess is, it's unconstitutional because the grounds on which they stop people from entering are based on the probability of them overstaying- adjusting from the inside. A girl on this forums told me the story of how she'd been crossing to see her husband for years (up to 5 entries, no longer than 2 months each) and on the last one she was stopped, terrorized for hours, forced to sign documents, told she was banned for five years and sent back to her country in Latin-America. 

They told her it was illegal for her to visit her US husband. (At that point they hadn't started the R1 process) It just makes me so mad to think about how they mistreat people on a daily basis and tell us whatever they want to tell us.

 

It's been over a year since I last visited the US, and since I've been away from home and my husband. The fact that I lost the opportunity to visit him while we undergo this hell of a process torments me regularly, but at the same time, the idea of trying to see him and being denied/sent back for lack of ties to my country would have been too much to handle. I guess it was a twisted blessing in disguise. 

 

 

So we have another thing in common! We have the same NOA1 date AND we have a 212! Wow! I am sure you get the peanut gallery of opinions where your loved ones say "that wasn't such a great idea". I know for us showing up with a 26 foot U-Haul on the day after the travel ban was dumb on our part. We honestly had no idea how much the situation would set us back as I'm sure you felt that way with your overstay. I know exactly what situation you are facing and completely understand your reservation about entering the US. The process I have to go through is so extreme and I cannot believe the level of paranoia there is at the border. My joke with everyone including people at the border is "you got to make sure Canadian housewives aren't infiltrating like ISIS" lol. What a waste of resources!

 

I cannot believe the level of discrepancy in the rules. I called the land crossing that section 212'd me because they said to the next time I wanted to cross. The supervisor said what I was doing was illegal! I couldn't believe how RUDE he was! Which is why I fly because this guy started rambling on about how Canadians are lying to him about going for gas and not coming back!!! I have not known ONE Canadian that has ever gone to the US illegally and never come back! He went on about how there was no wait for a spousal visa and that I must be lying it is taking so long. Another border official said what was happening to us was BS (very loudly I must add) and said I should be able to stay in the US for the maximum 6 months. Then the people in secondary told me I should feel lucky if I get to cross but that it is not illegal to visit. Our lawyer fell in between saying traveling while your IR1/CR1 is processing is not illegal but you have to be very careful.

 

I was just telling my doctor yesterday (our situation peaks everyone's curiosity) about how I have absolutely no idea whether I will be able to cross the border until I get there. Everyone I've told this to is in disbelief about that. I really think the same rules should apply to everyone. I can't imagine what it must be like to travel from other parts of the world. Imagine traveling 12 hours only to get to the US to be turned around. I have written a letter detailing what our experience has been from start to finish to those two USCIS directors. Canada is supposed to have the best relations with the US  because of how integrated our governments are. I believe it when you say what your experience and others have been like. Because if I have gone through such a ridiculous situation, I can ONLY imagine what it would be like for you.

 

I know this sounds like a conspiracy theory but do they stick the delinquents like us in Nebraska for a reason? It really makes you wonder. I am so sorry you have to go through such a horrible experience.

[scarlett262004 280]

1 hour ago, acidrain said:

I have asked what the rules are to various people (border officials, lawyers) and have gotten different answers. I have been told by a border official that I could visit my spouse for up to 6 months without any implications to my IR1. But when I went into secondary they said the opposite was true. That I have to spend 2x more days in Canada in contrast to the time in the US. 2 separate lawyers said the same thing that I must remain outside the US and can visit my spouse for short visits. There is a claim if you spend more days inside the US while your CR1/IR1 is being processed, it can be grounds for being denied. You are in effect seen as residing in the US while your application is being processed and living in the US without proper documentation is illegal. I find the rule dumb because Canadians can visit the US for up to 180 days a year.

 

In your case your wife is visiting from Peru so it's a bit of a different circumstance. You would obviously have to get permission from the border but I think your chances are higher for a longer visit based on the high cost of airfare. I'm guessing there is a low probability your wife is going to want to go back and forth every couple months. I don't know what your set of circumstances are and how much your wife has visited in the past year. But if this her first visit in the past 6 months she has still spent the majority of time outside the US.

 

In what I have observed the experience at the border depends on each individual. If her passport is not flagged like mine is she has a very high probability she will get through customs without more than a few questions. Just keep in mind the more time spent in the US, the more likely a person will be asked why. Always bring proof of ties in showing she will go back after her visit and I'm sure she will have no issues.

My husband is going to apply for visitor visa. He's never been to the USA. we could see each other soon if he's able to come here for 2 weeks otherwise we have to wait till January for me to see him. He would have proof of his business that he owns but just another thing to stress about if he's approved and if they would let him in at POE. 

[Dianalorena 1,153]

5 hours ago, acidrain said:

So we have another thing in common! We have the same NOA1 date AND we have a 212! Wow! I am sure you get the peanut gallery of opinions where your loved ones say "that wasn't such a great idea". I know for us showing up with a 26 foot U-Haul on the day after the travel ban was dumb on our part. We honestly had no idea how much the situation would set us back as I'm sure you felt that way with your overstay. I know exactly what situation you are facing and completely understand your reservation about entering the US. The process I have to go through is so extreme and I cannot believe the level of paranoia there is at the border. My joke with everyone including people at the border is "you got to make sure Canadian housewives aren't infiltrating like ISIS" lol. What a waste of resources!

 

I cannot believe the level of discrepancy in the rules. I called the land crossing that section 212'd me because they said to the next time I wanted to cross. The supervisor said what I was doing was illegal! I couldn't believe how RUDE he was! Which is why I fly because this guy started rambling on about how Canadians are lying to him about going for gas and not coming back!!! I have not known ONE Canadian that has ever gone to the US illegally and never come back! He went on about how there was no wait for a spousal visa and that I must be lying it is taking so long. Another border official said what was happening to us was BS (very loudly I must add) and said I should be able to stay in the US for the maximum 6 months. Then the people in secondary told me I should feel lucky if I get to cross but that it is not illegal to visit. Our lawyer fell in between saying traveling while your IR1/CR1 is processing is not illegal but you have to be very careful.

 

I was just telling my doctor yesterday (our situation peaks everyone's curiosity) about how I have absolutely no idea whether I will be able to cross the border until I get there. Everyone I've told this to is in disbelief about that. I really think the same rules should apply to everyone. I can't imagine what it must be like to travel from other parts of the world. Imagine traveling 12 hours only to get to the US to be turned around. I have written a letter detailing what our experience has been from start to finish to those two USCIS directors. Canada is supposed to have the best relations with the US  because of how integrated our governments are. I believe it when you say what your experience and others have been like. Because if I have gone through such a ridiculous situation, I can ONLY imagine what it would be like for you.

 

I know this sounds like a conspiracy theory but do they stick the delinquents like us in Nebraska for a reason? It really makes you wonder. I am so sorry you have to go through such a horrible experience.

Yes we do! We should write a small book collecting stories after we're done with this hell of a process.

 

I remember you telling us about the U-Haul. When I overstayed those few days in August I was just dumb and naive, I don't think a lot of us knew how the world was going to change in 2017. We didn't expect Trump to win, travel bans and promised racist walls. It has certainly been a difficult year for a lot of us. Ah I had to laugh about the ISIS Canadian housewives, can you imagine?  Unfortunately, a heavily tattooed Mexican would definitely intrigue them. Maybe my mermaid cat tattoo means I'm part of a very dangerous gang. Better beware!

 

Considering you are from an amazing first world country ( I visited Canada for the first time this year and LOVED IT) I am positive it's very rare that they overstay often. But now the US has this severe paranoia that everyone wants to live in their country, and that many of us won't follow the rules/or want to cause some form of harm. They are suspicious about well, everybody.

 

You are right, we are lucky enough to be in neighbor countries, but many people have to pay a lot of money and travel for 20+ hours or multiple days to be with their loved ones. The possibility of being sent back... it is making me want to cry. I know the feel they're just doing their jobs, but the level of emotional and even physical damage they cause is astonishing. The repercussions of the stress of knowing we are forced to live away from our families for an indefinite period of time.

 

I mean, I'm not saying it isn't a possibility because it very well could be that we're stuck in Nebraska as a form of punishment, but it seems that a lot of people are there with us, and I'm sure many of them aren't petty ''potential criminals'' like us. My understanding is that they're the ''headquarters'' and receive twice as many cases, and I dug up an article from June last year that said they received thousands of U VISA requests, which being VISAS for crime victims require skilled officers that understand the law, but they are being handled by normal officers instead and creating a serious backlog. Add the fee increase without hiring staff and the elections, and you have a recipe for disaster. 

 

 

 

[Tim Lee 3]

Hello all, what happens if you forget to include Passport style photos in your application? Asking for a friend who just applied..... 

[kareng5 27]

4 hours ago, Tim Lee said:

Hello all, what happens if you forget to include Passport style photos in your application? Asking for a friend who just applied..... 

I think you will get a REF asking for the pictures

[Vincent & Alejo 72]

On 9/28/2017 at 2:40 PM, acidrain said:

So we have another thing in common! We have the same NOA1 date AND we have a 212! Wow! I am sure you get the peanut gallery of opinions where your loved ones say "that wasn't such a great idea". I know for us showing up with a 26 foot U-Haul on the day after the travel ban was dumb on our part. We honestly had no idea how much the situation would set us back as I'm sure you felt that way with your overstay. I know exactly what situation you are facing and completely understand your reservation about entering the US. The process I have to go through is so extreme and I cannot believe the level of paranoia there is at the border. My joke with everyone including people at the border is "you got to make sure Canadian housewives aren't infiltrating like ISIS" lol. What a waste of resources!

 

I cannot believe the level of discrepancy in the rules. I called the land crossing that section 212'd me because they said to the next time I wanted to cross. The supervisor said what I was doing was illegal! I couldn't believe how RUDE he was! Which is why I fly because this guy started rambling on about how Canadians are lying to him about going for gas and not coming back!!! I have not known ONE Canadian that has ever gone to the US illegally and never come back! He went on about how there was no wait for a spousal visa and that I must be lying it is taking so long. Another border official said what was happening to us was BS (very loudly I must add) and said I should be able to stay in the US for the maximum 6 months. Then the people in secondary told me I should feel lucky if I get to cross but that it is not illegal to visit. Our lawyer fell in between saying traveling while your IR1/CR1 is processing is not illegal but you have to be very careful.

 

I was just telling my doctor yesterday (our situation peaks everyone's curiosity) about how I have absolutely no idea whether I will be able to cross the border until I get there. Everyone I've told this to is in disbelief about that. I really think the same rules should apply to everyone. I can't imagine what it must be like to travel from other parts of the world. Imagine traveling 12 hours only to get to the US to be turned around. I have written a letter detailing what our experience has been from start to finish to those two USCIS directors. Canada is supposed to have the best relations with the US  because of how integrated our governments are. I believe it when you say what your experience and others have been like. Because if I have gone through such a ridiculous situation, I can ONLY imagine what it would be like for you.

 

I know this sounds like a conspiracy theory but do they stick the delinquents like us in Nebraska for a reason? It really makes you wonder. I am so sorry you have to go through such a horrible experience.

What I find odd.... my sister married a Canadian. Without listening to me or without speaking to a lawyer, they show up at the Canadian border. The Canadians let them cross, give her indefinite stay and told her to file her Canadian paperwork. No issue whatsoever letting her and her Canadian husband cross the border after getting married in the US to start their lives in Canada. Two years later, she's now a Canadian Permanent Resident.