Visiting Visa While IR1-CR1 Is Pending

[Boiler 45,557]

Wow you were super lucky.

[Sharif Shakhshir 5]

On 7/11/2017 at 1:37 PM, acidrain said:

I thought I'd share my story for all of those who have gone through the experience of being denied entry (Section 212 7a) and wondering if you can visit afterwards. I've been married for 9 years to my dual US/Canadian spouse and we have a 4 year old son. Now that we know the rules we feel stupid to have sold our house and packed up all our belongings into a U-Haul. Last Jan we attempted to cross the US border and I was denied entry. The border agent said he'd permit my son and my stuff to cross but not me until I completed the immigration process. I was denied not necessarily because I intended to immigrate but because of lack of ties to Canada. The border agent was actually very nice throughout the ordeal and we had to come back to Canada to figure out how to do everything legally.

 

I was told to call the same land crossing when I wanted to visit my spouse. The short end of the story is I got the supervisor who in my opinion was very rude. Everyone else at this land crossing was nice and professional. However, the supervisor said if I crossed the border I'd be turned back. The part I found the most shocking was how little this border supervisor knew about the immigration process. I got into an argument when he said it was "impossible" for a spousal visa to take a year because there was no wait time for it. It's true a spouse does not have to wait for a visa to become available but as we all know it takes time to process. My spouse and I asked several different POE's what their take was. After being fingerprinted, photo taken and entered into the system I was terrified of a ban. The agents at Vancouver airport, Seattle airport, Las Vegas airport and Sumas land crossing were all in unison. They said it was up to the individual border agent whether they felt I would return to Canada and it would be up to me to prove to the agent I would return. I also asked our lawyer who is a retired Federal immigration judge who also said the same.

 

Our lawyer suggested I draft up a letter of declaration I would give to secondary that demonstrated I had no intention to immigrate and that I will return to Canada. Our lawyer signed and stamped my letter to show he had reviewed it. I put together a binder of documents just as other has suggested in these forums (thank you). I printed off everything I could think of that showed any evidence I was coming back. I printed off a Facebook message chat with my best friend showing our plans for the summer and hotel reservations. I had fall school registration for both myself and my son. I had a copy of my lease, damage deposit, a bank statement showing all my bills including my rental payments, photos of the inside of my apartment, return ticket, letter from my son's daycare provider, day care subsidy, payment of MSP coverage, a copy of my spouses letter of employment, mail forwarding service, car insurance, credit card statement, a quote for my son's dental procedure and appointment, doctor's appointment.

 

I have been told there are two categories of people. Those who the border knows are trying to immigrate and those they do not know. Most people in this forum will more than likely visit without ever having to go through secondary. I was told however that once you are in the system you are in there until your immigration status has been resolved. So every time I enter the US I will be subjected to the following.

 

I arrived at the airport and was told to check in at the self serve kiosk. I was not able to complete the transaction as I need additional security checks. I had to go check in with a real person and she told me I had been "randomly selected" for additional security checks. I already figured I was in the system after my Section 212 denial. You will know if you have been selected because you will have four SSSS on your boarding pass. I wound up being a nervous wreck on my connecting flight not knowing what kind of grilling process was going to happen. I had no idea how my previous denial would impact me. The Westjet attendant was at least funny in saying she's always selected for random checks because she once puked on the plane.

 

I got to YVR and was totally prepared to be told to get on another flight back home. I entered the security screening area and the first person asked if that was my boarding pass. My son who I was traveling with did not have the four SSSS as I was told he has a claim to citizenship therefore can stay in the US if we wanted. I had to go through a number of additional security screening tasks. They took me aside and did a complete pat down. Then they took a sample from my hands and my waste band for drugs. Then the x ray machine had to carefully screen my carry on bag. When that was done I was asked to turn on my electronics as they needed to confirm it wasn't a bomb.

 

I went to check into the self serve kiosk stations for US customs. I took my photo and told the machine I was visiting as a tourist. When it printed out my ticket it had a big X across my face. If you've watched the show Family Feud I could hear the X buzzer go off in my head. I gave the ticket to the attendant and she said I was to go a different way than the others. I waited in line with others who appeared to have Visa's that needed stamping. All the other Canadians were in another line up. After waiting a while I went up to the station. The border agent was very nice and you could tell was rooting for us. He checked over the permission letter my spouse provided for my son. He muttered "let's see what's going on here" and could see him taking a deep breath. If it were Family Feud this was the second XX buzzer to go off. He told me to accompany him to secondary and told my escort that I had immigration issues and a random bag check.

 

I have to say all the US customs agents were very professional and nice during my encounter at YVR. We were taken to an area to wait for an agent. I was really stressed out by this time. I tried to stay calm as I was traveling with my 4 year old son. I thought 2 1/2 hours for a layover would've been fine but did not realize how long everything would take. My son of course had to use the washroom so we wound up  having to leave the secured area and come back. They were really good about that and was thankful. The agent was ready for me upon my return. She asked how many bags I had because they had to find them to take them physically off the plane and search them. She asked for a list of employers since the year I married my spouse. Since we have been married almost 10 years it was a lot of companies and schools I had to list.

 

I showed the border agent my ties to Canada and the declaration letter I had put together with the help of my lawyer. We went through the binder from start to finish. I explained everything. I included a copy of all the correspondence with my lawyer. I also included the entire copy of my IR-1/IR-2 application. She flat out asked me "how do I know your not going to stay in the US and wait out the immigration process"? It was a valid question and I pointed out all the appointments I had to come back for and me and my son's school. She was very nice and professional and was quite relieved I had gotten an agent who knew the immigration process extensively. I brought up a prior application which realized later I really did not need to overcompensate information. But she said that it's good my spouse is living in the US because he has to prove domicile (ties to the US) which he did not have before. It sounds like the agent who denied entry was fair in his notes and said we were a bunch of morons who meant no harm. We just did not know what we were doing. It was the truth and it was the honest truth I was coming back to Canada.

 

The border agent did say something to the effect that I was coming back right away so there was no concern there. I watched Border Security religiously in the days leading up to my trip. If you treat the trip more than a simple vacation it will raise flags. In all honesty most people can't leave their lives for more than a week or two. If a person can blow off their life for 3 months than it's a valid question to ask how strong the persons ties are to that country. I asked if I had to go through this process again and she said absolutely until the immigration process is resolved either way. She could not tell me if traveling in 6 weeks would be approved. It depends on so many variables and it often depends on the agent in front of you. She complimented my binder and said she wished she could show others the extensive evidence I provided. I spent days putting things together, highlighting, writing notes. It paid off because I was a nervous wreck. She approved my trip and stamped my Passport and we had a wonderful 12 day trip!

 

2 out of the 3 bags did not make it to my destination. My word of advice for anyone in a similar situation is to make sure you allow enough time for questioning. I thought 2 1/2 hours would be more than enough but I literally made it to my flight with 5 minutes remaining. I intend on traveling back to visit my spouse in 6 weeks and putting together a new package showing what I have to come back for. Things like if you plan on attending a wedding, baby showers, appointments are quite helpful. I know occupation is one of the more important things too and showed my tuition payment. I also included a list of phone numbers including a cell phone for my landlord should she want to call. I was as transparent as possible and the whole process took a while. But it worked and it was worth it!

Well, can I be the first to nominate you for amazing writing skills?!?!?!?  Your detailed account literally made my palms sweat as I was rooting for you every step of the way!

Thanks so much for your sharing and so glad to hear that your meticulous preparation resulted in admission :-)

[Eric Pedersen 0]

Sorry, there are a lot of replies to this thread. What if your spouse is not from a VWP country? Is this thread still relevant?

[Jens79 64]

There are no rules or anything saying that only VWP countries can visit during the process. If your spouse has a B-visa before you start the process (after applying for CR1/IR1 it can become hard/impossible to get a B-visa for visits), then it should be similar, at least in theory. It could still happen that a visitor from a non-VWP country will get more questions, depending on what country he or she is from, the length of the stay and so on. So always prepare to bring documents that show strong ties to your spouse's home country.

[wanderlust88 17]

just an update: i am currently awaiting my interview date (received NVC CC) and was able to enter on B1 visa on Friday. So far I have visited twice during I-130 stage (B2) and once after NVC stage (B1).

[Rachy & Manolo 2]

On ‎7‎/‎18‎/‎2017 at 2:52 PM, wanderlust88 said:

just an update: i am currently awaiting my interview date (received NVC CC) and was able to enter on B1 visa on Friday. So far I have visited twice during I-130 stage (B2) and once after NVC stage (B1).

Hi, Did you have the B2 visa before you started the I-130 process or acquired it during the process? My husband has an interview for a visitor visa in August, we are currently waiting for NOA2 but it would mean the world if he could come visit me while we continue to wait for our CR1

Edited July 31, 2017 by Rachy & Manolo

[Boiler 45,557]

24 minutes ago, Rachy & Manolo said:

Hi, Did you have the B2 visa before you started the I-130 process or acquired it during the process? My husband has an interview for a visitor visa in August, we are currently waiting for NOA2 but it would mean the world if he could come visit me while we continue to wait for our CR1

Please let us know how he gets on.

[wanderlust88 17]

8 hours ago, Rachy & Manolo said:

Hi, Did you have the B2 visa before you started the I-130 process or acquired it during the process? My husband has an interview for a visitor visa in August, we are currently waiting for NOA2 but it would mean the world if he could come visit me while we continue to wait for our CR1

i got my B1/B2 visa a year before i got married and it was for work reasons. good luck to your husband - i know how painful it can be to not be able to see each other

[Daneandkathy 53]

ok all today is the day (well technically tomorrow morning at 4.30am is flight one), my husband (Macedonia) and I are flying to the states (Macedonia - Austria - London - San Fran - Eugene). I will post how it goes ...

 

Am hoping I can go through the immigration line with him. 

 

K&D

[Daneandkathy 53]

hey all wanted to give you an update on us visiting the US while waiting for the I-130. 

 

My husband is Macedonian and we managed to get a 10yr visa for the states (he has been to the states many times when he worked on a cruise ship there). 

 

We entered the US at San Fran

At immigration we asked if I could go through with him in the visitor section but was told I could take him through the US citizen section 

At the kiosk you just scan his visa instead of his passport page. 

We had marked that we were carrying some fruit and vegetables (pickled cherries and pepper paste from his mom) so were tagged for customs.

 

When we got up to immigration the lady was efficient and polite. We walked up together and the conversation went like this:

me - good day my husband, who is Macedonian and I are going to Eugene Oregon

agent to me: ok how long are you staying?

me - 5mths

agent: how long were you out of the states and do you live in Europe?

me: around 7/8mths, I am living there with my husband in Macedonia

agent: ok, are you planning on visiting anywhere else?

me: maybe seattle

agent: ok. What food are you carrying?

me: preserved cherries and a vegetable paste from his mom to mine

agent: no meat?

me and D: nope 

Agent to D: Sir have you been to the US before?

D: yes I used to work on the ships

Agent: ahhh ok a seaman, welcome to the states enjoy your stay

 

We collected our bags and walked through customs, the immigration officer had marked that we did not need to be searched...

 

All in all that was possibly one of the best US immigration experiences I have ever had.... it took a total of 7min and she was very pleasant. 

 

So we are now in Oregon for 5mths... 

 

K&D

[fiskefillet 1]

I am visiting the US in 3 days time for 26 days. I am from Denmark and have an ongoing I-130 petition with my wife (the US citizen). Not coming from a high fraud country, will I realistically have to show any documents? A lot of what I read here, people have the documents, but never seem to have to show them. The reason I ask is I am currently receiving unemployment benefits (just finished my masters degree), following a programme while applying for jobs. Therefore, I do not have a boss to attest that I am returning to work on a specific day. I can show evidence of having an apartment in my name, but will the documents need both to be translated and certified?

Also, will the unemployment benefit thing sound suspicious, and should I try to get a paper about that as evidence? I suspect some CBP officers will not know that such a thing exists..

Will obviously print my return flight ticket but what else could I show - and does everything have to be in English AND certified, or is one of them enough?

[Boiler 45,557]

You can only take what you have, never to be volunteered and very rarely asked for.

[fiskefillet 1]

On 28/02/2014 at 1:38 AM, awaywego said:

Thought I'd add our experiences to this thread, as it and the K-1 version were helpful when planning our last couple trips to the US. We haven't yet applied for the IR-1, but my husband (the non-USC) has entered the US a few times since we married.

My husband was on a J1 visa when we married. He entered at LAX twice on that visa after the wedding. Neither time was any different than beforehand. No one asked about his marital status.

We then both moved to his country. He enters under the VWP. We travel together and ask the CBPs which immigration line to take.

POE SFO for 3 weeks: Directed to "citizens and permanent residents" line. ("If they ask, tell them the supervisor said it's okay.") CBP asked if we both live in Germany, purpose of trip, and how long we plan to stay. Let through.

POE JFK for 2 weeks: Directed to "permanent residents" line. CBP asked how long we plan to stay and the purpose of the trip. He seemed stressed, and he was especially unimpressed with my husband's multiple expired (educational) visas. We offered that husband was now entering on VWP to help make the guy's job easier. CBP circled the expiration dates on all of the visas, then spent a lot of time looking through all of the pages of my passport. He might have been looking for evidence that I also live abroad, but he did not ask or say anything. He eventually seemed satisfied or ready to move on and let us through.

In case evidence of our intent to leave the US again is requested, we carry:

-printout of plane ticket itinerary

-my foreign residence permit

-apartment lease

-letter from husband's employer stating that he is expected back on a specific date

-printout of foreign bank account from the day before the flight

I am married so not K1, but visiting in 2 days, and trying to prepare documents in case. if the documents are in English, do they need to be certified?

I have just ordered a residence permit, which im bringing. its in English and from my municipality, does it need to be certified/apostille?

I asked a letter from my jobcenter. does it need stamp/signature, or would a mail be sufficient?
 

[JDCT 1]

Just thought I’d share my story of trying to visit the US.  My wife (USC and Permanent Resident of Canada) and I (Canadian) recently mailed the AOS and IV Package to NVC and were planning on importing our truck (in her name) to the US.  She moved back to the US to begin establishing domicile last month.  She flew back to Canada a few days ago to import the truck so she could use it in the States.  

 

Part of the process of proving domicile was us selling our house here in Canada, shipping our belongings, and basically cutting most ties here in Canada.  While she begins establishing domicile, I will be staying with my parents in Canada until I get a green card.

 

The problem was at border where I was refused entry, while she tried importing the truck (Looking back that was a stupid thing to do). This border guard was the most unkind and rude being I had ever met, and would not listen to our case.  He basically warned me that if I didn’t have proper ties to Canada that I wouldn’t be allowed into the US (the only proof I had was a return plane ticket, and he did not even look at that).   I’ll admit that since I have no mortgage, lease, or utilities bill anymore it may seem like I’m trying to leave Canada before i get a GC, which is not the case.  

 

I’m not sure if my passport has been flagged or if this hinders the green card process, or maybe we just got the wrong border guard?  Has anyone been through a similar situation?  I would still like to visit as the process after AOS/IV seems to take several months, and I do not want to be away from the wife and kid for that long.

 

Would signing a lease agreement with my parents to rent out their basement suite, and getting a letter of employment help?  We were also looking at visitor visas (B-2’s) but as a Canadian citizen, I know I am allowed to visit for 6 months out of the year without one.  I was hoping to try a different port of entry next week with the aforementioned paperwork in hopes they let me in to visit.  

[Ryan H 3,812]

On ‎8‎/‎16‎/‎2017 at 9:47 PM, JDCT said:

I’m not sure if my passport has been flagged or if this hinders the green card process, or maybe we just got the wrong border guard?  Has anyone been through a similar situation?  I would still like to visit as the process after AOS/IV seems to take several months, and I do not want to be away from the wife and kid for that long.

 

Would signing a lease agreement with my parents to rent out their basement suite, and getting a letter of employment help?  We were also looking at visitor visas (B-2’s) but as a Canadian citizen, I know I am allowed to visit for 6 months out of the year without one.  I was hoping to try a different port of entry next week with the aforementioned paperwork in hopes they let me in to visit.  

 

Your name may have been flagged; if it is, it will not hinder the green card process.

 

If your name has been flagged, then it has been established that you have a US Citizen spouse which essentially supersedes any tie to Canada you may have.