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Posted

I'm not thinking of a K-1 and nothing I read above seems to imply others were providing K-1 specific advise. Same about traveling from Canada.

 

That said, it does sound like you want confirmation of what you already plan to do (based on defending your plans and history). I highly suggest keeping an open mind.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
4 minutes ago, geowrian said:

I'm not thinking of a K-1 and nothing I read above seems to imply others were providing K-1 specific advise. Same about traveling from Canada.

 

That said, it does sound like you want confirmation of what you already plan to do (based on defending your plans and history). I highly suggest keeping an open mind.

Very open mind here which is why I'm trying to receive feedback from those with the experience.  The logic is this...Someone says no then I like to enquire as to why.  

I have also requested the same message from my Immigration attorney. 

 

A few days isn't a big deal no...but it doesn't seem like a big deal to travel down to the US for a few days while the passport returns to my home and then immigrate upon my return.  No intent to marry (already married), no intent to work (already working and won't be leaving), and need to return to Canada to get Passport in order to immigrate later.  Just going through this logically and seeing if I'm missing something. 

Posted

As noted, it probably won't be an issue. There is small chance of being denied entry. There is an even smaller chance of being denied entry and given an expedited deportation (and the waiver for it will add about a year to your immigration timeline). Just seems unnecessary to me, but to each their own.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
2 minutes ago, geowrian said:

As noted, it probably won't be an issue. There is small chance of being denied entry. There is an even smaller chance of being denied entry and given an expedited deportation (and the waiver for it will add about a year to your immigration timeline). Just seems unnecessary to me, but to each their own.

Thanks for the feedback; I hadn't considered there to be a risk of the "expedited deportation"  

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)

After speaking with my Immigration Lawyer it was recommended to not risk it.  I've taken all comments into account and will not be attempting to travel after my interview until I've received my passport back...the chance isn't worth it.

Again I'll ask though...does anyone know of a way to expedite the process or if I can wait in Montreal and pickup the passport?  I don't mind if there is a fee associated with this.  

Edit: Asked the question in this new thread: 

 

Edited by CWiggin
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)

My experience is much different than most of the other VJers as I was flagged at the border.

 

I was told by a customs officer when I traveled after my file went to the NVC it can be an issue. The reason being is the DS-260 lists all of your trips to the US. After you fill out the DS-260 some interviewers will want to amend the DS-260 to be accurate. So when I flew directly to the interview I disclosed the trip. The interviewer did not care and did not amend my DS-260. But it is not to say if I got a different interviewer my trip would've been looked at closer. Even though it's only a few days your DS-260 would be incorrect.

 

The other flag I could see happening is if you had to report to secondary. They will ask what your ties are. I know for me the biggest one was my interview. At this point you have no interview. I see all sorts of questions being asked as to why you couldn't wait three days for your passport back. They will wonder if you are trying to enter the US because there is a problem with your case. Look at it from another point of view. If you believed you were not getting your CR1 what would you do? Some people would use their Nexus pass to enter before a decision is rendered. I've dealt with secondary enough to know the scrutiny that goes along with it.

 

You mention the Withdrawal of Admission. I know all about that. This absolutely has to be disclosed at your interview and this would complicate your case. If you received a Withdrawal of Admission before receiving the passport you would have to report this to the Consulate. Trust me when I say trying to get a hold of anyone in Montreal is next to impossible. I had a flag on my file so every time I cross the border it shows an immigration violation (it may still do). If you received a Withdrawal of Admission this could send you into AP for months. The Consulate will want to know all the details and because this was done after your interview they will wonder why. You would likely be asked to come in for a second interview as they are very intent on swearing people in to get their statements.

 

I just thought I would explain a few scenarios in where I see an issue.

Edited by acidrain
Filed: Citizen (apr) Country: Canada
Timeline
Posted

I personally don’t see why it’d be an issue, as at that time you ARE technically entering as a visitor with intent of returning home, however you might have a hard time proving that to US Customs with an APPROVED immigrant visa in your passport.

 

I wouldn’t risk it. Since you are an IR-1/CR-1, that’s effectively a green card, so it’s not like you’ll need to wait for AP to leave the country anyways, no?

03-19-2021: Officially an American Citizen 🇺🇸 Entire journey from initial K-1 Visa filing to Naturalization took 5 years, 8 days.

You can see my complete timeline by clicking here.

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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