Questions: Canadian Citizen Beneficiary Travelling to US During CR1 Visa Processing?

[rainbow-skies 130]

Hello everyone. I have some questions.

 

My wife and I applied July 16th 2020 for the I130/CR1 spousal visa. We currently just finished up at the NVC Stage and currently wait for our case to be accepted and moved from NVC to Consulate.

My wife can't come here for health reasons and also due to the heavy restrictions Canada put up for travel, so I have been visiting her.

 

In 2020, I visited her in February, July, and November - for a total of approximately 29 days (each trip was about 1-1.5 weeks in duration).

 

We both are not doing well having been apart for half a year now, and I plan to go visit her again in June 2021. I have some questions regarding this:

 

1) Can I safely go visit my wife in June for 2 weeks and then return to Canada, even in the middle of CR1 Visa processing? We have not been DQd from NVC yet. Is there any specific time frame when I should really NOT be travelling to the US to see my wife?

 

2) If so, what sort of proof can I provide to CBP that I will return to Canada? I will forsure have a return flight and some utility bills and I can get my car insurance. However, I am a nurse and might have to quit my job prior to leaving if they don't grant me the time off to go see my wife. Visiting my wife is more of a priority and at the moment I am financially secure and able to make such actions. I worry of the lack of employment proof might be a barrier.

 

3) *IMPORTANT* So I am a Canadian Citizen who again, has only been in the US for a total of 29 days in 2020. I have never been in the US in my life prior to then. However, I went to check my I-94 and it says "admit until date is May 5th 2021". What does this mean? Can I not go visit my wife in June now or will this autorenew? This is the most important question of the three we would like some help with.

 

 

Thanks kindly.

 

MElissa

 

[Chancy 6,241]

10 minutes ago, rainbow-skies said:

Can I safely go visit my wife in June for 2 weeks and then return to Canada, even in the middle of CR1 Visa processing?

 

US entry for non-citizens is always at the discretion of CBP.  Many have successfully visited at different stages during the CR1 process.  There were also some who were turned away.  I recommend flying in through an airport with a CBP pre-clearance office.  There are many in Canada.  That way you can find out before your flight if you'll be allowed in.

 

Here's a report about a Canadian spouse who was able to visit back in September while waiting for interview at Montreal --

 

 

40 minutes ago, rainbow-skies said:

what sort of proof can I provide to CBP that I will return to Canada?

 

Bring the evidence you listed above.  Hopefully, you won't need to quit your job.  Also, bring a copy of the I-130 receipt notice, but don't show to CBP unless they bring up talk about you needing a spouse visa.  The receipt notice may help to convince them that you are following the legal immigration process.

 

51 minutes ago, rainbow-skies said:

I went to check my I-94 and it says "admit until date is May 5th 2021". What does this mean?

 

It just means that on your last visit, you were allowed to stay until May 5th.  Since you already left, that's now irrelevant.  On your next visit, you'll get a new I-94 with another "admit until" date to be determined by the inspecting CBP officer.