CR1 / IR1 processing - Is it possible to visit spouse in US for 6 months?

[skyzee 182]

Hi everyone,

 

This forum has been of great help and I hope I can get some wisdom from some fellow Canadian/American couples. My wife and I are about to begin the process for the CR1 visa by filing the I-130. After much research with regards to all the options available, we figured the CR1 was the less risky option over AOS, but obviously, the absence apart for a year+ while the visa is processing would be the biggest con of it, and frankly, is not doable for either of us . They make it so difficult for Canadians to be reunited with their spouses in the US in any semblance of a timely fashion, but that's a gripe for another day.

 

While the application is processing, I'd like to visit my spouse who is employed in the US for the maximum time allowed for Canadian visitors (ie. 6 months), starting around November-December. From what I've been reading, people have had success with CBP by proving ties back to Canada, but from what I've also read, it's usually for short durations. Has anyone successfully visited their spouse for 6 months while the CR1/IR1 was processing (let's assume the I-130 is approved or close to approval if we file now)?

 

I'd have a lease showing both myself and my wife's name on it back in Canada, along with an employment letter showing how long I've been employed with my company, and probably a letter as well from my boss indicating an approved LOA from work. I've also been a Nexus card holder for 6 years and have travelled to the US frequently prior to getting married to my wife in December, but admittedly, I've never travelled to the US for 6 months before. I'd be really uncomfortable with lying to the CBP about the duration of my visit in case this is somehow used against me in the future

 

Also, can the NVC documents to requested to be sent to a different mailing address than my physical address in Canada?

 

Thanks for any help that you can provide...

[NikLR 13,227]

You can try but two shorter trips  of 3m each or several of a month may work out for you better.   I visited my husband for about 10 days every three months until we were at the end of the process. I brought, but was never asked for my evidence of ties.  I know of one couple who were allowed the full 180 days because he was writing his thesis for his master's degree.  Some Canadians who live close to the border don't have issues visiting every weekend or every other weekend.  But many Canadians are still denied entry for immigrant intent.  Once denied it can be much harder to visit later on.  

[acidrain 325]

Every persons circumstances are different but will share you some history about myself. I tried to cross the border last Jan and adjust status but was turned around at a land crossing and told to complete the IR1 process abroad. I've been told immigration is moving toward a more strict process of approving AOS cases so you are correct in saying the CR1 process would be a much safer option. As bad as it was to get turned around at the border with no home to go back to, the border agent told me by doing everything right will ensure I get my green card.

 

What you ask is a good question and I've been in contact with a lawyer. I'm flagged in the system because I was processed. So every time I cross the border I must report to secondary to get permission to enter. I must prove ties and it sounds like you are well versed to know what that means. In your case you do not have any flags so there is a good chance if you were to cross the border you will not be asked many questions at all.

 

The cookie cut answer is if you are traveling for more than 1-2 weeks it may raise questions at the border. Quite frankly how many people can realistically blow off their life for more than a couple weeks? I asked our lawyer recently about your exact question and he said not to do it. If you lie and say your going on vacation for 6 months suggests you are coming back. If you are truthful in saying your spouse filed to sponsor you I can almost guarantee they will not allow you to stay because you'd be living there. In fact they may be apprehensive about allowing you to enter at all as they are extremely paranoid about whether you will ever come back.

 

I was told do not lie to the border agent and be completely truthful for the parameters of the trip. It's of course always possible you could get a nice border agent who could care less what you are doing. However, from my experience if they have any indication you are looking to immigrate they will treat you differently.

 

The key from my own experience is to prove absolute ties to Canada. It is difficult to do this if a person suggests they are leaving for a long period of time. I was also told you are supposed to spend more time outside the US than inside. Otherwise you are technically living in the US which is not allowed during the process. Generally if you spend 3 months in the US you'd be expected to spend at least 3 months or more outside the US before re-entering. Again, there are variables such as whether the border knows your immigration intent. But obviously the more you travel the more questions get asked.

 

It's been a difficult experience for my spouse, son and I during this process to be separated. Nobody in Canada or the US we talk to can believe how ridiculous the rules are. However, I've heard there are a lot of changes to immigration coming down the pipeline. I've been told repeatedly by my lawyer to not do anything to compromise the process.

[skyzee 182]

Thank you very much for the detailed information. It has been of enormous help and more or less validates my worst fears of having to stay apart for the entire time the CR1 is processing. 

 

acidrain - your story is pretty much my worst nightmare  My wife is flagged at the Canadian border for similar reasons and we get pulled into secondary every. single. time. even though my wife has PR here. That's exactly the type of situation I'm looking to avoid in the US, but it's beyond frustrating since there seems to be no legal way to do this properly and stay together at the same time. I'm infuriated they took away the K3 visas in Canada given how backlogged the Montreal embassy appears to be.

 

C'est la vie. Hopefully you get your i130 approved soon... looks like you're well into the process.

[acidrain 325]

My situation is probably one of the more extreme cases. I wish we had consulted with an immigration attorney from the beginning. I was naive to think crossing the border with a U-haul worth of belongings was legal. After all we are constantly told Canadians can visit the US for up to 6 months no problem.

 

Along with being flagged for secondary inspection we got the worst processing center (Nebraska). Normally my i130 should be approved as it's been almost 6 months already. However, because I'm stuck in Nebraska I'm looking at more like 8 months. Then there is NVC and consulate processing. I'd say a year from start to finish is pretty average and at this point it might take us longer.

 

You have my full sympathy for what your wife has to go through in reporting to secondary every time she comes to Canada. Once you are flagged they told me you are flagged until the process is complete. My spouse and I get pretty worked up over the rules and having to be separated. We've been married almost 10 years and together over 12 years. We have a son and it's obvious to even the people at the border I did not marry my husband to get a green card. I also cannot send my son on a plane to visit my spouse because he's 4 years old.

 

You could look into adjusting status but those cases are starting to get looked at with heavier scrutiny. I'd highly recommend consulting with an experienced immigration attorney if you consider this. I wish I had done things a lot smarter from the start and now we're paying the price.

 

Why on earth there isn't a temporary visa like the K-3 or something similar for low fraud countries is absolutely ridiculous. I've traveled to and from the US hundreds of times and have never once overstayed. My spouse is dual so we've lived in Canada up until this past year. It's stupid to keep families apart and put a huge strain on a marriage. Then to add more stress not knowing whether you can even see your spouse in the year it takes to get the visa. I can tell you from talking with Canadians and Americans alike nobody agrees with the process.

 

I think the part that has been the most shocking is how much this is costing us. Having to rent a place in Canada and rent a place in the US to establish domicile is not cheap. All the airfare going back and forth for visits isn't cheap either. I was told if my spouse stayed in Canada and continued to work here I probably would be denied a green card because of his lack of ties to the US. It's pretty backwards how the sponsor has to establish ties in the US while the spouse has to have firm ties in Canada. I wish you the best of luck as this process is not easy. I have found support through these forums has helped a lot.

[skyzee 182]

3 hours ago, acidrain said:

My situation is probably one of the more extreme cases. I wish we had consulted with an immigration attorney from the beginning. I was naive to think crossing the border with a U-haul worth of belongings was legal. After all we are constantly told Canadians can visit the US for up to 6 months no problem.

 

Along with being flagged for secondary inspection we got the worst processing center (Nebraska). Normally my i130 should be approved as it's been almost 6 months already. However, because I'm stuck in Nebraska I'm looking at more like 8 months. Then there is NVC and consulate processing. I'd say a year from start to finish is pretty average and at this point it might take us longer.

 

You have my full sympathy for what your wife has to go through in reporting to secondary every time she comes to Canada. Once you are flagged they told me you are flagged until the process is complete. My spouse and I get pretty worked up over the rules and having to be separated. We've been married almost 10 years and together over 12 years. We have a son and it's obvious to even the people at the border I did not marry my husband to get a green card. I also cannot send my son on a plane to visit my spouse because he's 4 years old.

 

You could look into adjusting status but those cases are starting to get looked at with heavier scrutiny. I'd highly recommend consulting with an experienced immigration attorney if you consider this. I wish I had done things a lot smarter from the start and now we're paying the price.

 

Why on earth there isn't a temporary visa like the K-3 or something similar for low fraud countries is absolutely ridiculous. I've traveled to and from the US hundreds of times and have never once overstayed. My spouse is dual so we've lived in Canada up until this past year. It's stupid to keep families apart and put a huge strain on a marriage. Then to add more stress not knowing whether you can even see your spouse in the year it takes to get the visa. I can tell you from talking with Canadians and Americans alike nobody agrees with the process.

 

I think the part that has been the most shocking is how much this is costing us. Having to rent a place in Canada and rent a place in the US to establish domicile is not cheap. All the airfare going back and forth for visits isn't cheap either. I was told if my spouse stayed in Canada and continued to work here I probably would be denied a green card because of his lack of ties to the US. It's pretty backwards how the sponsor has to establish ties in the US while the spouse has to have firm ties in Canada. I wish you the best of luck as this process is not easy. I have found support through these forums has helped a lot.

Sorry to hear, you sound like you have an even rougher time of it given that you have a young son involved in it all. Hopefully the NVC portion of it moves as quick as it can for you even though it's the 3rd slowest embassy in the world... This entire process is extremely straining on the relationship and if my wife didn't love America so much, I'd be saying f' it since any avenue we've explored to stay together in the US inevitably involves stretching the truth with CBP and/or UCSIS, which obviously is less than ideal since I'm not a criminal. In a way though, it's encouraging to know that the flag is removed at the end of approval with CBP. My wife was denied entry into Canada before her PR application was approved, and even after it was approved, the CBSA proclaimed that we'd be pulled into secondary for 7 years before the flag will be removed.

 

I hear you about finances as well. We're about as far as we can get from each other on the continent, and airfare is costing a pretty penny for the monthly visits, not to mention maintaining two households. On that basis, I'd probably opt to try and file for an expedite request on the i-130 at the same time since it's not really an option to stay in Canada while the application processes either given employment in her field is limited here. I suspect it'll be ignored and/or rejected of course, but there's no harm in asking at any rate. Here's hoping for the best to both of us...

[Rose13 30]

I was lucky.  I lived in Windsor (across the Detroit River).  I visited my hubby three times a week, staying on the weekends.  I always carried documentation showing that I intended to return to Canada.  Good luck.  I think that shorter trips are the way to go.

[lilsweetie 32]

On 8/6/2017 at 5:56 PM, Rose13 said:

I was lucky.  I lived in Windsor (across the Detroit River).  I visited my hubby three times a week, staying on the weekends.  I always carried documentation showing that I intended to return to Canada.  Good luck.  I think that shorter trips are the way to go.

me too. I was from BC and visited my husband in WA every weekend, no issues at the border with CR1 pending.

[JlovesA 109]

On 8/6/2017 at 8:56 PM, Rose13 said:

I was lucky.  I lived in Windsor (across the Detroit River).  I visited my hubby three times a week, staying on the weekends.  I always carried documentation showing that I intended to return to Canada.  Good luck.  I think that shorter trips are the way to go.

 

8 hours ago, lilsweetie said:

me too. I was from BC and visited my husband in WA every weekend, no issues at the border with CR1 pending.

 

Count me in as another person who lived on the border (first Sarnia, then Windsor) who visited about every other weekend and had zero issues. I did that for 7 years and never once got sent to secondary or refused.

[skyzee 182]

Thanks for everyone's input. Is it safe to assume that POE asked you about the pending CR/IR1 visa most or everytime you crossed though?

[acidrain 325]

I don't believe pending immigrant Visa's show up in the border agent's computer. They have no access to immigration files. From what I understand it is how people answer questions as to how it raises a flag. For instance they will ask the purpose of your trip. If you answer "I'm going to visit my girlfriend/boyfriend/fiance/partner/etc" it may set off a flag for the border to question you further. Other people will answer "getting away for the weekend or going on vacation" which would more than likely not raise anymore questions. However, border agents look at patterns and the more trips one takes the more questions it will likely raise. Mainly cause the average person goes on 1-2 vacations a year and if a person is crossing the border every other week or every other month it raises suspicion. Like what are they doing here?

 

From watching Border Security religiously and from my own experience it's best to be honest so it does not appear you are trying to hide anything. A pending immigration Visa does not make a person inadmissible to the US (although I had one border supervisor claim that it did) so if you have solid ties (job, home or lease) you should have no problem. I was told if you have a solid history of coming and going to the US without incident, that also helps your case should you need to prove your coming back. Make sure to bring a copy of your ties to Canada if you should ever cross the border. As explained in a previous post I went through my complete binder with a border agent and explained in detail why I was coming back. Most agents are reasonable people and if presented with reasonable information you will have no problem. But every POE has grumpy and cynical agents and one can only hope you never encounter any of them.

Edited August 13, 2017 by acidrain