Visiting Visa While IR1-CR1 Is Pending

[acidrain 325]

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

 

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.  

I am a Canadian citizen married to a USC and had a very similar situation this past year. If you go back a few threads you can read about my story in detail as to how I was able to enter the US after a Section 212 7a denial.

 

My spouse and I showed up to the border with a U-haul in Jan to try to adjust status. Needless to say I was "processed" and you would know if you were if you had your fingerprints and photo taken. There will be extensive notes stating exactly what took place during your denial. In my case I was put on the special screening list (SSSS) meaning every time I enter the US I have to report to secondary. I was told the exact same thing during my denial that I must have strong ties to the US otherwise I will not be allowed through. I checked in with our lawyer along with several airports and land crossings to ensure I was not doing anything wrong by visiting my spouse. I got an extremely rude Supervisor at the land crossing where I got denied. He clearly does not know the rules that a pending i130 does not invalidate a persons ability to enter on a visitors visa (B-2 which is what Canadians get stamped when we cross the border).

 

As others had suggested I put together a huge binder of documents with everything I could think of to prove I'd be coming back to Canada. Ultimately I made the decision not to re-enter the crossing that I was denied at. It sucks because it's only an hour and a half drive from my house and instead of taking one flight I have to take two.

 

I went through quite the extensive ordeal at YVR when I went to visit my spouse. The interview was lengthy but I was praised by the border guard for having my documents organized. I wrote a declaration stating I would not adjust status and have no intention to immigrate on the trip. My lawyer signed off on the letter. I showed appointments, Facebook correspondence with friends showing future plans, return ticket, lease agreement, photos of the inside of my place and storage, agreements, car lease, phone records, payment for my tuition and verification of courses I'm taking, a letter from my son's daycare along with the child care subsidy I receive, financial records showing rental and utility payments, credit card statement, our post office box, a list of names, phone numbers and locations of my close friends and family in case they wanted to call, letter of employment for my spouse showing his full time employment in the US, correspondence with our lawyer showing we are doing things legally, a copy of our full immigration application. I made sure to include my landlords phone number in case they wanted to get in touch with them to verify anything.

 

I have been told by everyone a section 212 denial does not hinder the green card process at all. Honestly, I didn't even hold my breath after what happened I'd be allowed through. I am planning on visiting the US next week and have the same attitude I may get turned around and sent back home. My best advice is to make sure you allow yourself enough time at customs to go through everything. I had a 2 1/2 hour layover and I barely made my flight. So this time I have a 4-5 hour layover, Our bags did not make it on the plane last time as they had to take them off to search them. Make sure to travel light and be honest about everything. I was told to keep visits to 1-2 weeks maximum. Our lawyer said the more visits I go and come back from the less scrutiny I will face in the future. Having a job is the strongest tie you have so providing a letter or any correspondence showing conferences or work functions in the future would help.

 

It is ultimately up to the border agent you see as to whether they believe you are coming back to Canada. I approached my situation like a Judy Judy episode. Try to present as much evidence as you can that you have reasons to come home. I'd like to think most agents are reasonable people and if presented with reasonable proof will allow you through. But there are a few agents out there that are skeptical about everyone. I will post an update next week as to what the outcome is on visiting the US again.

Edited August 19, 2017 by acidrain

[JDCT 1]

7 minutes ago, acidrain said:

Needless to say I was "processed" and you would know if you were if you had your fingerprints and photo taken. There will be extensive notes stating exactly what took place during your denial. In my case I was put on the special screening list (SSSS) meaning every time I enter the US I have to report to secondary.

I did not have fingerprints taken and I'm not sure how to tell if i was put on an SSSS.  We are going to try again in a few weeks once I get some paperwork together.  Maybe try a different crossing and do it separately if that would help. 

 

 

7 minutes ago, acidrain said:

 

As others had suggested I put together a huge binder of documents with everything I could think of to prove I'd be coming back to Canada.

I unfortunately quit my job since I thought we were going to spend some time in the US with her family, and I would travel back there every month or two. I do have a scheduled surgery coming up in November so that should help, or so I've heard.  Along with the NOA2, lease agreement and return ticket I'm hoping that's enough.  I have copies of the AOS/IV that I could bring as well.   Not near enough proof as you but I hope it helps!

7 minutes ago, acidrain said:

I was told to keep visits to 1-2 weeks maximum.

I would do that, but my wife is on the other side of the continent in Maryland, while I'm in BC, so I'd usually stay for a month or two as I can't see myself flying every couple of weeks.  I've stayed for months before without question from CBP, but I'm sure this time will be different.   
 

Good luck on your upcoming visit, let us know how it goes!

 

[RJD 2]

Hi All,

 

Was hoping to not potentially repeat the same question as many have asked but from what i've read, all cases are unique and so i just wanted to get some feedback on my circumstances.

 

I am planning to visit my wife (American/Sponsor) for 3 weeks over September to celebrate our 5th year wedding anniversary. I am a UK citizen (from birth) who has been to the states on a H2 visa back in 2010. I have just finished employment with a company here in London and have moved in with family as the cost of renting in 2 countries (especially London) was getting too much. I am concerned that the above 2 points will really play against me if i want to be allowed to visit?

 

I am roughly 4 months into the CR1 process having also filed for the K3 visa as we were led to believe this can be a quicker route in but on review of this forum that seems to be a dated theory. I am working on a start up which can provide ties back to the UK as well as my father going in for major surgery in 1st week October which i will need to be back for to support him through his recovery phase. 

 

I am due to pay rent at the place i am currently residing at but of course as it's family we don't have any legally binding contract in place.

 

Hoping for someone to review this and offer some advice on whether I could still enter US on ESTA and what documents should i bring to prove ties back to UK?

 

Thanks in advance

Edited August 20, 2017 by RJD

[MonicaP 4]

On 2/11/2014 at 5:22 PM, Ivy. said:

Not quite.

He asked me why I was not moving to my husband, why I was just visiting for Christmas. I said I am still in school in my home country, but I want to move to the US after I finish school in Fall 2014. I told him I had my a photocopy of my notice of action if he wanted to see it, he said he knows I have everything, so he is not asking me for anything.

I do not know if he meant "I see you have submitted I-130 in the computer" or if he meant "I see you always had the documents required of you when other officers interviewed you". In Dec 2011 I told the officer interviewing me for my B1/B2 visa the 6 year plan including: marriage, grad school, CR-1/IR-1 and filing for citizenship. I figure she made a note of it in the system, as this is the second time they refused to look at my documents referencing to whatever was written in the computer.

It is quite possible he could also see a pending I-130, but I just do not have enough information to conclude that is the case.

Thank you for sharing that experience. Hubby and I tried applying for visitor visa but got denied because he couldn't prove strong ties. We really didnt know what to look for or have prepared for a visitors visa. He's in Ghana by the way but we really miss each other..

[MonicaP 4]

Has anyone gotten approval for visitor visa from Ghana?  During the 130 process?

[Morty 20]

I'll be ending a temporary job soon, and have moved in with my parents during the visa process to save money.

I have a car and cell phone in my name.

We do have a symbolic wedding planned in Mexico in 6 months.

 

I would take it thats probably not strong enough ties and pushing my luck if I tried to visit?

[Ivy. 113]

On 8/23/2017 at 2:11 PM, MonicaP said:

Thank you for sharing that experience. Hubby and I tried applying for visitor visa but got denied because he couldn't prove strong ties. We really didnt know what to look for or have prepared for a visitors visa. He's in Ghana by the way but we really miss each other..

I am sorry to hear that. Ghana is much harder to go through than Croatia.

[fiskefillet 1]

I entered the US on an ESTA, tourist visa, 10 days ago, from Denmark. No problem with the CBP officer. Anyway, as I am close to the Mexican border I was thinking of doing a day trip there with my spouse sometime this weekend. Me and my US spouse have an ongoing visa petition filed. Will there be any problem for me returning back to the US, or since I am already here should I be good?

Sorry if someone has already had a similar enquiry, have not been able to find it..

[Michael2017 368]

I also went to Mexica for a small trip, coming back was a long wait on the border, but no problem with the CBP. 

They simply do not stamp your passport so your ESTA admission duration stays just the same.

[NSB 1]

Hey Guys,

I am waiting for the Interview appointment from NVC (Recently) sent all the documents for F2A Category.

I visited my wife in April 2017 for a week and @ JFK with CBP was Okay. I want to make a quick trip for 2 weeks in September, During my entry in April 2017 they stamped my b1/B2 visa with 6 month of allowed stay but i stayed only 7-8 days and came back to Germany.

Would it be a problem if I wanna visit once again in the same year? If anyone has experience please advise.

Thanks

NSB

[Boiler 45,932]

Any reason you need a B and could not use the VWP?

[Gee-Gee 0]

On 10/02/2014 at 10:34 AM, Harpa Timsah said:

I would like to add that you can also apply for or renew a tourist visa when you have immigration pending, with the same considerations above.

Do you mean extend your tourist visa while your in the US while your waiting for approval? 

[Boiler 45,932]

25 minutes ago, Gee-Gee said:

Do you mean extend your tourist visa while your in the US while your waiting for approval? 

Have not seen Harpa around for yonks.

[Stuwoolf 44]

Hi. Thank you for allowing me to join your community. Resources like this are a great help when it comes to pacifying the nerves of would be travellers and/or immigrants.

 

My situation and question is as follows:

 

My partner will be coming to UK soon and we will be married in Scotland. She is a US citizen and we already have a UK Fiance Visa in place so no immediate issues on this point.

Once we are married in UK we intend to apply for FLR(M) for her to be granted leave to remain in Scotland. Around the same time and on the advice of my future father in law (the parents of my future wife are US immigrant from Panama some 55+ years ago) we intend to submit my US I-130 papers.

Once the I-130 process is started, what, if any, impact will there be on my US ESTA which is valid until June 2018? Does my ESTA become invalid? In the event of impact I am of the mind to visit in the coming days and weeks for a few days.

 

Grateful for some guidance.

 

Thank you

Edited September 2, 2017 by Stuwoolf
Spelling..........extra info added

[Roper-Harrison 19]

12 minutes ago, Stuwoolf said:

Once the I-130 process is started, what, if any, impact will there be on my US ESTA which is valid until June 2018? Does my ESTA become invalid? In the event of impact I am of the mind to visit in the coming days and weeks for a few days.

 

No impact whatsoever. You can only use one visa at a time but until a new one is issued as a result of your ongoing process you only have one. You can ignore the background I-130 process and proceed as you would ordinarily. Tip: Do not mention the I-130 process to any CBP personnel. You're not breaking the law in any manner but the info muddies the water for no reason and will serve no purpose other than to have you standing at the border crossing longer than you need to.