IR-1/CR-1 Montreal DQ'd private message group goes public CONTINUED

[Dkw 41]

4 minutes ago, Sunshine022 said:

I also know someone who visited a spouse in the US and went back to Canada and still got approved after the interview.

I have heard many that have been advised on visiting while going through the process. As a Canadian we do not require a visa to visit, however there is a time-limit. In general you can only spend 6 months of a year in the states. Whether this is in a rolling calendar year or not is more uncertain and seems to be based on tax implications. I have visited my husband twice since we started the process (once for 1.5 months). Once before DQ and the second time after DQ. I personally had no issues at all while crossing. I had return tickets, return to work and other ties to Canada, although I was never asked for much. They asked me a few questions and I never lied about going through the process and waiting on paper work. Ultimately the border officer has the final say on letting you enter or not, and if they think for what ever reason you will not be returning they could turn you away. I suspect that is why so many are advised on not traveling while waiting. A denied entry could be very detrimental to the visa process. Hopefully that makes a little bit more sent. 

[VegasEagle 0]

10 minutes ago, Dkw said:

I have heard many that have been advised on visiting while going through the process. As a Canadian we do not require a visa to visit, however there is a time-limit. In general you can only spend 6 months of a year in the states. Whether this is in a rolling calendar year or not is more uncertain and seems to be based on tax implications. I have visited my husband twice since we started the process (once for 1.5 months). Once before DQ and the second time after DQ. I personally had no issues at all while crossing. I had return tickets, return to work and other ties to Canada, although I was never asked for much. They asked me a few questions and I never lied about going through the process and waiting on paper work. Ultimately the border officer has the final say on letting you enter or not, and if they think for what ever reason you will not be returning they could turn you away. I suspect that is why so many are advised on not traveling while waiting. A denied entry could be very detrimental to the visa process. Hopefully that makes a little bit more sent. 

This is amazing. I have spoken to the Border patrol agents and they are aware of our situation. As for the border denial... The calgary officers said it would only be verbal and not recorded aka not detrimental to her visa.

 

Would we need to do a B1 visa? or just a normal plane ticket and go through the border? also would you tell them you are going through the visa process?

 

Cheers!

[RachaelMcCorm 17]

54 minutes ago, VegasEagle said:

We were told by a lawyer not to cross the border in case of any problems but my wife could come from Canada to visit for a month while we wait for her interview? 
 

this is unbelievable if true we have been living apart for a year because of this

I, a Canadian citizen spent more time in the US this year while waiting for my IV letter then I did any other year. I was in US for 5.5 months in  this past year, I did not travel after I learned my interview date as I knew quarantines would get in my way. But I already have my passport back and never once did any one at the consulate ask about the visits I had this year. I even crossed by land- the day it opened to Immediate relatives/ and still had no problem. Mind you I’m at fort Erie bridge and they are allowing spouses to cross. I don’t see why you can’t visit!

[Dkw 41]

4 minutes ago, VegasEagle said:

This is amazing. I have spoken to the Border patrol agents and they are aware of our situation. As for the border denial... The calgary officers said it would only be verbal and not recorded aka not detrimental to her visa.

 

Would we need to do a B1 visa? or just a normal plane ticket and go through the border? also would you tell them you are going through the visa process?

 

Cheers!

Im not 100% sure how it would work in terms of a verbal denial/“volunteering’ to leave vs. a formal detail. 

 

If she is Canada she just buys the plane ticket and crosses, it is a B2 visitors visa, but we don’t have to apply for it like others because we are part of the visa waiver program. At customs they often asked where I was going and why. I told them where and to visit my husband and step kids. One officer didn’t bat an eye, the other asked a couple more questions about immigration but it was more out of curiosity. Told the truth and had all my paperwork but didn’t offer more than they asked. 

 

[DGF 730]

1 hour ago, VegasEagle said:

This is amazing. I have spoken to the Border patrol agents and they are aware of our situation. As for the border denial... The calgary officers said it would only be verbal and not recorded aka not detrimental to her visa.

 

Would we need to do a B1 visa? or just a normal plane ticket and go through the border? also would you tell them you are going through the visa process?

 

Cheers!

Yes, you can absolutely visit. I visited every other weekend for a year and a half, and then for 5 months leading up to the pandemic, and then again for another 3 months last summer. I immigrated 6 months ago, no issues. The only thing you have to be aware of is to leave the US before your admit until date (generally 180 days from when you entered). Also, if you are spending a lot of time in the US that will raise some suspicion with CBP and you'll need to bring strong proof of ties to Canada with you to convince them otherwise. 

If the Canadian half is a Canadian citizen and doesn't have anything that would have them disqualified from being visa exempt (criminal record including DUI, etc), then just a ticket is sufficient. Otherwise a B1/B2 would be required. Always be honest if they ask about the visa process and the fact that you're visiting your spouse, but I wouldn't offer any details they don't explicitly ask for. Also, travel with proof that you're in the process (one time I almost didn't make it through but my NOA2 convinced them). 

As for bans, I wouldn't worry about them right now. The way our lawyer explained it to us, it's very hard for them to give them out in pre-clearance (aka airports) because of how the law is applied since they're technically on Canadian soil. It's not impossible, but exceedingly rare. The place you have to worry about them is the land border, but of course that's closed right now. The worst they can really do is deny entry, which won't have an impact on the visa, but you will be required to disclose it on the application and at the interview. 

 

Happy visiting!

Edited April 26, 2021 by DGF
added 6 month stuff

[YYZ&MIA 117]

10 hours ago, VegasEagle said:

We were told by a lawyer not to cross the border in case of any problems but my wife could come from Canada to visit for a month while we wait for her interview? 
 

this is unbelievable if true we have been living apart for a year because of this

My lawyer also said not to try and cross once you apply for I130. Every lawyer I know said the same. Some people on here had luck but some didnt and it can lead to issues. 

[CGs_Mother 114]

On 4/21/2021 at 2:39 PM, Leah123 said:

Had my interview this morning and was approved! It was about 90 minutes total. Lots of sitting around waiting. The questioning was minimal and only a couple minutes. I suggest talking to others in the room to help calm your nerves and make the time pass. We are all going through the same thing. 
 

I took the train from Toronto to Montreal. And taking it back to Toronto again. No issues with the travel restrictions. VIA Rail says they aren’t checking and it’s just up to the traveler to follow the rules.

 

Plus our travel is essential so I’m sure if you are driving and just show your papers you will be fine. 

 

I recommend staying at the Best Western nearby as it was less than 2 minute walk. Plus the hotel is familiar with the interviews and gave me a late checkout and also told me if I need to print anything last minute to let them know. 

This forum has been so helpful! And that spreadsheet was invaluable for helping me estimate my interview date and plan my travel back and forth to see my spouse. Thank you! 

 

 

 

I was thinking of taking the train but I was concerned that the last train back to Toronto leaves at 1:30 pm and I wouldn't be out of the interview in time. My interview is scheduled for 9:30 AM. Do you think we'll make it back? I was also considering driving but I am really fearful of driving with an Ontario license plate in Quebec and being pulled over often and frequently by the SQ after crossing. Would we make it to the train home in the afternoon? I am also worried about being put into AP because I am immigrating with my teenager, who is autistic and I have had to fill in more forms about their mental health and safety concerns... 

[CGs_Mother 114]

For everyone asking about whether or not you can visit your spouse while processing - yes and no. It depends on the Customs agent. You are technically not supposed to visit after you file an I-130. Before COVID, Canada and the US had a fairly lax policy, provided that the Canadian spouse could prove significant ties to Canada (your job, house, children, etc.) to indicate that you would not be trying to cheat the immigration system, they would let you through. But with COVID, things have become a little more difficult. US spouses can visit as part of the "exemptions" from border closures, and Canadians may travel to the US as part of the US border exemptions (which were for flying but not land crossing initially). However, you still have to prove significant ties to Canada, you have to have a negative COVID test, and when you (or your spouse) enter Canada, you will be subject to the $2000 hotel stay if you fly, and you will be subject to 14 day quarantines regardless. 

 

Our priority date is January 28, 2020. I did manage to travel to see my spouse last year in Houston, before there were needs for COVID tests or $2000 hotel stays. I will say the reason why they let me go is because my teenager stayed in Canada while I travelled, and since we applied together, the Customs officer was assured that I would not try to cheat the system. The first time I went, I had a very thorough Customs officer who could see that I had applied but did not see the status of the application, though he knew it was in process. I answered every question honestly, and was allowed through.

 

Since the $2000 hotel stay, I have not seen my husband in person (actually haven't seen him in person since December 2, 2020). I know it's a quandary right now - do you go or do you stay? If you are close to being scheduled for an interview, I would recommend you stay put. If you are a long way out, I would recommend you try to go provided that you can prove significant ties to Canada. The worst they can do at Customs is deny you entry and that does not count as a strike against your processing. 

 

Good luck to all of you who are separated and are struggling with the loneliness. You're not alone. It does get better. And thank goodness we have video calling these days! 

[YYZ&MIA 117]

47 minutes ago, CGs_Mother said:

For everyone asking about whether or not you can visit your spouse while processing - yes and no. It depends on the Customs agent. You are technically not supposed to visit after you file an I-130. Before COVID, Canada and the US had a fairly lax policy, provided that the Canadian spouse could prove significant ties to Canada (your job, house, children, etc.) to indicate that you would not be trying to cheat the immigration system, they would let you through. But with COVID, things have become a little more difficult. US spouses can visit as part of the "exemptions" from border closures, and Canadians may travel to the US as part of the US border exemptions (which were for flying but not land crossing initially). However, you still have to prove significant ties to Canada, you have to have a negative COVID test, and when you (or your spouse) enter Canada, you will be subject to the $2000 hotel stay if you fly, and you will be subject to 14 day quarantines regardless. 

 

Our priority date is January 28, 2020. I did manage to travel to see my spouse last year in Houston, before there were needs for COVID tests or $2000 hotel stays. I will say the reason why they let me go is because my teenager stayed in Canada while I travelled, and since we applied together, the Customs officer was assured that I would not try to cheat the system. The first time I went, I had a very thorough Customs officer who could see that I had applied but did not see the status of the application, though he knew it was in process. I answered every question honestly, and was allowed through.

 

Since the $2000 hotel stay, I have not seen my husband in person (actually haven't seen him in person since December 2, 2020). I know it's a quandary right now - do you go or do you stay? If you are close to being scheduled for an interview, I would recommend you stay put. If you are a long way out, I would recommend you try to go provided that you can prove significant ties to Canada. The worst they can do at Customs is deny you entry and that does not count as a strike against your processing. 

 

Good luck to all of you who are separated and are struggling with the loneliness. You're not alone. It does get better. And thank goodness we have video calling these days! 

Thank you for that - I think your explanation is on right on point. Like you mentioned, being able to prove significant ties to Canada is key and at the end of the day it is up to the Customs agents discretion. I shared my experience of being questioned by customs regarding my ties to Canada and was given a list of documents to have ready in order to prove my ties. I will attach it again for those who are curious and are thinking of crossing to visit their spouse.

 

[Leah123 40]

3 hours ago, CGs_Mother said:

I was thinking of taking the train but I was concerned that the last train back to Toronto leaves at 1:30 pm and I wouldn't be out of the interview in time. My interview is scheduled for 9:30 AM. Do you think we'll make it back? I was also considering driving but I am really fearful of driving with an Ontario license plate in Quebec and being pulled over often and frequently by the SQ after crossing. Would we make it to the train home in the afternoon? I am also worried about being put into AP because I am immigrating with my teenager, who is autistic and I have had to fill in more forms about their mental health and safety concerns... 

My appointment was at 9:45. I was back at my hotel by 11:20. I've heard some people say theirs took 3 hours. 

[Hawk Riders 814]

On 4/25/2021 at 8:45 AM, Sunshine022 said:

Hi! I got DQ in November 17,  2020. And I’m here in the US visiting my husband. Considering the trend, when will I possibly received my IL? Or my interview date? Thank you.

please complete your timeline here https://www.visajourney.com/timeline/profile.php?id=320023

[Hawk Riders 814]

3 hours ago, CGs_Mother said:

You are technically not supposed to visit after you file an I-130.

This is untrue. 

[CGs_Mother 114]

21 minutes ago, Leah123 said:

My appointment was at 9:45. I was back at my hotel by 11:20. I've heard some people say theirs took 3 hours. 

 

I think I'll risk the drive. I'd rather be anxious about getting pulled over every 5 minutes and arrive on time than be anxious about being forced to stay another night in Montreal under a time of curfew.

 

If anyone has driven in from Ontario for their interview since the Stay At Home Order (or if you are driving into Montreal between now and next Tuesday) can you let us know how your experience with the OPP/SQ was? Thanks. 

 

 

[aurmorr 270]

31 minutes ago, Hawk Riders said:

This is untrue. 

I have had a lawyer tell me that I’m very likely to be refused at the border if I’m honest about my immigration status, and that they would assume I’m going to “wait out” the processing time, which is illegal and could affect .the status of my visa. This was 2020 I was told this.

[Meghan.brooke 60]

Hey everyone, thought i'd share this for whoever has an interview scheduled! I'd look into this a bit more. Good luck!! 

 

All persons entering Québec from Ontario to return to their principal residence must quarantine for 14 days upon their return.

Allowable exceptions:

• A person who has had to travel for humanitarian reasons.

• A person who has traveled to obtain care or services required by his or her medical condition or to provide such care or services to a person who so requires them.

• A person who has moved to Québec to work, exercise his or her profession, or attend an educational institution.

• A person who is required to travel to Québec in order to comply with a court order, to respond to a court subpoena, or to enable the exercise of parental custody or access rights.

• A person who is employed in the federal public service and whose workplace is located in Québec and whose presence is required by the employer at that workplace.

• A person who transports goods in Québec or in transit through Québec.

• A person who has to cross this border in order to reach his or her principal residence located outside of Québec.

• A person who is required to enter Québec or cross the border as part of an international trip or a trip to another province by bus, train, ferry, or plane.