Visiting the US

[acidrain 325]

I apologize for the long winded post but need advice. As most of you know I tried crossing into the US last Jan to adjust status and was denied entry. I was told to return to Canada to complete my IR1 and my son IR2. I was flagged at US customs but have successfully crossed 4 times to visit my spouse. My spouse and I have been married 10 yrs, together 12.

I know others have worse experiences but I honestly never expected this to take over a year. My i130 turned into a dog and pony show in Nebraska and was approved after 9 1/2 months. Things went well with NVC and the whole process took about 3 weeks. We were documentarily qualified the day before I traveled to the US for Christmas.

I attempted to travel but due to a blizzard my flight was canceled. Then another flight cancelled. I woke up at 3am the next morning to shovel my way to the airport and connected through Calgary instead of Vancouver. I got to US customs where I had to correct the number of bags traveled to 2 from 4 as they had 2 bags from the previous day. They also had me traveling to LAX which was wrong. After giving them my usual story I went to secondary.

After the customs agent went through my dossier (which I am sure is pages long) he asked where I was in the process. I had submitted my DS 260 and he said I wasn't supposed to travel after that's done. He explained it was cause I had already declared my trips to the US. He told me to hang on to my flight itinerary to show at the interview and he would approve my trip anyway. Will traveling during the NVC process cause any grief or is it just a matter of the interviewer updating the DS 260?

After visiting my spouse for 2 1/2 weeks I expected an interview to be booked by now. Just like the rest of the process we hit another road block. It never occurred to me until now to stay longer because I was hopeful the end was near. We have called and emailed NVC, emailed CEAC but get the same run around. I have studied previous threads where posters said it can take up to a month to have the interview scheduled and the interview can be 1-2 months after that. Anyone know why some people get an interview booked within days and for others it takes weeks?

If I decided to stay in the US longer would it affect my IR1? I looked up my i94 and the agent gave me 4 months cause I am guessing I have already spent 60 days on previous trips. I obviously don't plan on spending months here. When I asked a lawyer about visiting they said to spend 2x longer in Canada than the trips to the US. I have not been able to find any hardened rule anywhere. I was thinking of staying 2 weeks longer for a total of about a 1 month visit. I know the issue is you are not supposed to be seen as living in the US during the process. Does anyone know what the actual rule is?

How long is a trip to be considered living there? I am close to the finish line I would never want to compromise my green card. Do the interviewers in Montreal look at time spent in the US closely during the process? Do they care?

My spouse and I are at a loss. This situation has been brutal for our 5 year old. The traveling back and forth confuses him. He was experiencing nightmares every other night and those have dramatically decreased since living as a family. His acting out and behavioral issues were also getting out of hand. I know part of it is cause for the last 10 months I have been on my own with no help. He feeds off my stress. Even single parents sometimes have their parents or ex spouses to help occasionally. My spouse is an excellent and hands on dad.

I fully expect to go home once the interview is booked because I have so much to do for our move. But everything is on hold until we know when our interview is. I have to travel all over to get the medical and then to Montreal for the interview. I am thinking of flying to Vancouver for the medical, staying a few days to visit and then pumping myself up for the 4 1/2 hour direct flight to Montreal with a 5 year old. On the way home it's going to be 6 hours of flights. I am not implying we should get special treatment but this whole process certainly does not consider the best interest of children. I have been very fortunate all of the customs agents I have encountered have been supportive.

My son will be missing school but he has to repeat Kindergarten due to age requirements anyway. If you were in my shoes what would you do? Extend the trip? Go home?

[geowrian 22,337]

15 minutes ago, acidrain said:

Will traveling during the NVC process cause any grief or is it just a matter of the interviewer updating the DS 260?

There's nothing that prohibits the travel and the DS-260 only needs to be correct as of the moment it is filed, so there's not an issue there. But yes, hold on to evidence of the trips so the CO can update their records as appropriate.

 

16 minutes ago, acidrain said:

Anyone know why some people get an interview booked within days and for others it takes weeks?

FSM?

Trying to understand why one case takes more or less time than another is really just a practice in futility.

 

19 minutes ago, acidrain said:

When I asked a lawyer about visiting they said to spend 2x longer in Canada than the trips to the US. I have not been able to find any hardened rule anywhere. I was thinking of staying 2 weeks longer for a total of about a 1 month visit. I know the issue is you are not supposed to be seen as living in the US during the process. Does anyone know what the actual rule is?

The lawyer's advice is pretty good. Is there a reason you are doubting it?

The fact is there is no hard rule. The CBP officer uses their discretion and all evidence available to him to make a decision. The "twice as long outside as inside the US" is a good rule of thumb. In general, spend at least as long outside of it as inside it, but twice as long as definitely safer.

Keep in mind this all occurs upon entry. So it would affect future visits, not your current one. So don't worry about CBP or the CO holding your last trip against you (just don't overstay, obviously).

 

The CO may ask about the last trip (or any trip really), but just answer them honestly and you'll be fine. They won't deny you the visa because you decided to stay a few extra weeks, as permitted via your I-94. Again, the issue is at entry before you get the immigrant visa. If you plan to return to the US again, then keeping the trip shorter may help with entry next time (but obviously no guarantees).

 

Best wishes!

[acidrain 325]

Thank you @geowrianfor your feedback. I really appreciate it.

 

I know so much of immigration law is fairly subjective. Or at least that has been my observation. I went back reading various Canadian threads where some people who did CR1 or IR1 abroad spent months in the US and were approved. Others obviously couldn't visit at all. I realize just cause one person can do something does not necessarily make it okay for another person.

 

It makes sense to have to spend 2x as much time outside the US as inside. I have been totally compliant with the rule and have never spent more than a couple weeks in the US at a time. I usually spend 7 weeks in between visits. I am obviously hoping to stay longer which would not necessarily coincide with the 2x rule for this one particular visit. Your feedback helps to clarify residency.

 

I figure any variation of my stay would destroy credibility with the border. If I stay longer this would be the end of the road for any future trips until I get my green card. I know I could go home and spend another month there and attempt to return. I honestly have zero desire to travel with my 5 year old again along with the stress getting interviewed at the border.

 

I am a stickler for rules and would hate to get ourselves into trouble. I have never before stayed a day longer than I have told a customs agent. I know I might be making a big deal out of a couple extra weeks but I respect the process. Thank you again for your help. The next time I enter the US I plan on having my IR1.

Edited January 4, 2018 by acidrain

[NikLR 13,227]

Why not get the medicals done in Montreal instead of flying all over the country? 

You can stay in the USA until the date of your I-94. That would save you from doing more travelling than necessary.  Not a big deal since the I-94 was longer.  (Double check your son's passport too.)  

[jle2234 68]

It is reasonable for your plans to occasionally change when traveling. I was able to drive between my home in Canada and my husband's home in Connecticut (the drive was about 6-7 hours), and there were times when I stayed longer than what I expected simply because plans changed -- someone's sick, the weather was bad, didn't feel up to driving, or just generally decided not to go home yet.

 

It's hard to know how closely the interviewer looks at anything. I spent a lot of time in the U.S. during the immigration process -- despite all advice to the contrary, I had quit my job to focus on my Master's degree (my husband took his job in the U.S. so I could complete my Master's without having to work) -- and it was not an issue for me at all. I think I spent around 5-6 non-consecutive months in the U.S. during my one-year immigration process. But that's not to say that it would not be an issue for you. It's probably best to follow the advice of your lawyer... it would be a shame to jeopardize your immigration after all you've been through with it.

[acidrain 325]

16 hours ago, NikLR said:

Why not get the medicals done in Montreal instead of flying all over the country? 

You can stay in the USA until the date of your I-94. That would save you from doing more travelling than necessary.  Not a big deal since the I-94 was longer.  (Double check your son's passport too.)  

Thank you for your advice and to be honest, until you mentioned staying until the interview I hadn't thought about it. I went through my stuff to ensure I have my original documents and I do. It's odd I would travel with all that stuff but I was worried NVC might have asked for that information again so I kept it. It's less than 1/2 the cost to travel direct from the US. I believe Montreal's medical you need about 4 days lead time to get the results? My son got the full 6 months on his Visa despite him spending more time in the US. Customs has always looked at him differently and told me a few times he can live in the US now as his citizenship is automatic.

 

5 hours ago, jle2234 said:

It is reasonable for your plans to occasionally change when traveling. I was able to drive between my home in Canada and my husband's home in Connecticut (the drive was about 6-7 hours), and there were times when I stayed longer than what I expected simply because plans changed -- someone's sick, the weather was bad, didn't feel up to driving, or just generally decided not to go home yet.

 

It's hard to know how closely the interviewer looks at anything. I spent a lot of time in the U.S. during the immigration process -- despite all advice to the contrary, I had quit my job to focus on my Master's degree (my husband took his job in the U.S. so I could complete my Master's without having to work) -- and it was not an issue for me at all. I think I spent around 5-6 non-consecutive months in the U.S. during my one-year immigration process. But that's not to say that it would not be an issue for you. It's probably best to follow the advice of your lawyer... it would be a shame to jeopardize your immigration after all you've been through with it.

Thank you for sharing your experience. I've never before changed my plans after I crossed the border. I know stuff can happen but I wasn't sure how a change of several weeks would look (as opposed to a few days). I spent last night pouring through all the interviews at Montreal. Most interviews are over in 10 minutes. It seems to be a rare thing for anyone to get a hard denial. Most denials are administrative such as lack of domicile, lack of taxes, no original i864. The officers don't appear to go out of their way to deny anyone.

 

I don't have hard evidence but it looks as though either Montreal or the NVC is experiencing problems with the weather. A friend of mine sent her NVC package to NH and she got a notification NVC is closed. I have sent 3 inquiries which normally take 48 hours for a response. I haven't heard a thing. With the recent weather I have to wonder if the reason I haven't gotten my interview is cause of that big storm. I know a lot of flights were cancelled at Trudeau airport yesterday and have to wonder if any K1/CR1/IR1 appointments are having to get rescheduled.

 

I am probably trying to justify staying and realize by doing so I run a risk. In total if I stay it's going to be about 3.5 months out of 12 or 13 months. I'd like to think most people are reasonable and I have respected the rules thus far. I still have my rental apartment with all of our belongings along with our storage and other ties. I even got interviewed at the border to prove I had enough ties to cross. I shudder to think how much parking will be when I return to the airport. I feel like one of those AOS filers who claim they didn't know they would stay at the time they crossed the border (while I thought ya right).

 

The interviewer would have to have no soul to deny me a Visa based on spending a month and a half straight in the US. Especially when factoring in the needs of a 5 year old. I did spend 7 weeks straight outside the US from my last trip so even using the 1-1 rule I should be alright. I just can't believe tomorrow will be 11 months since my NOA1 and I am still waiting to find out when my interview is. I was so hopeful I was so close to the finish line but the finish line keeps moving forward.

Edited January 5, 2018 by acidrain

[Mrs. DPK 66]

Hello @acidrain

 

I asked you before a question related to my wife, who was about to enter the US mid October (on her tourist visa, for a visit purpose).

 

On that occasion, as explained by our lawyer, after admission to the country what rules is the length of time stamped on your passport. For example, my wife booked a round trip from mid October to first week November (no more than two weeks, as she has usually done), but later the CO allowed her full 6 months of stay after asking until when was she staying in the US.

 

We confirmed with the lawyer that it was okay for her to stay as long as she wanted to, w/o over staying. And that this should not cause any problems BUT...

 

...he strongly advice not to remain in the country for the full 6 or 11 weeks of processing  time that NVC takes. Our lawyer explained that this could look as an incorrect use of the tourist/visitor visa. And for this reason we decided for her to stay only 3.5 months, so up to the 4th week of processing time with NVC.

 

They lawyer's advice was not to look as if we were misusing a certain visa category, if it exists another that would fit better. Now idk if this could only be applicable to my wife's case or not, but I thought I could try to give back the favor with another kind reply answer.

 

Regards

DPK

Edited January 5, 2018 by dpk

[acidrain 325]

26 minutes ago, dpk said:

Hello @acidrain

 

I asked you before a question related to my wife, who was about to enter the US mid October (on her tourist visa, for a visit purpose).

 

On that occasion, as explained by our lawyer, after admission to the country what rules is the length of time stamped on your passport. For example, my wife booked a round trip from mid October to first week November (no more than two weeks, as she has usually done), but later the CO allowed her full 6 months of stay after asking until when was she staying in the US.

 

We confirmed with the lawyer that it was okay for her to stay as long as she wanted to, w/o over staying. And that this should not cause any problems BUT...

 

...he strongly advice not to remain in the country for the full 6 or 11 weeks of processing  time that NVC takes. Our lawyer explained that this could look as an incorrect use of the tourist/visitor visa. And for this reason we decided for her to stay only 3.5 months, so up to the 4th week of processing time with NVC.

 

They lawyer's advice was not to look as if we were misusing a certain visa category, if it exists another that would fit better. Now idk if this could only be applicable to my wife's case or not, but I thought I could try to give back the favor with another kind reply answer.

 

Regards

DPK

Thank you DPK for your advice and sharing your experience. When I went through customs the agent said traveling during or after NVC creates an issue because of what you declare on the DS260. He told me to keep my flight itinerary or proof of my trip to declare it at the interview. Were you told to do the same thing? Or were you able to declare your wife's last trip on the DS260?

 

I guess I will have to come clean with the interviewer regardless of how long my trip is. I don't know yet when my interview is but crossing my fingers for mid Feb at this point which would make this trip about 6-7 weeks.

 

Did your lawyer advise on the length of time your wife should visit or did you use your own discretion?

[Mrs. DPK 66]

@acidrain

 

My wife was not asked about our ongoing case. The CO seemed not really interested; he did the standard questions they ask for anyone visiting: purpose of visit and when is the return ticket, and then one other question about me (bcs she answered "Visiting my husband" for that first question). When we were completing the DS 260 we input Oct 14th as the entry date, and then indicated that the length of stay is 15 weeks. I think they will understand what we meant, hopefully. Before sending out packet the lawyer reviewed our DS 260, and said it was fine too.

 

As for the second question, our lawyer didn't really suggest a specific time to return. He said not to remain for the whole NVC processing time, just that. It was my wife and I who decided that right after her birthday (late Jan) would be the right time to go back.

[NikLR 13,227]

Montreal needs 3 business days to process the medical. Vancouver is available next day but then you are having to travel a lot more which is hard on kids.  They like stability so the less moving the better.