Canadian Spouse visiting me in the USA during cr1 processing

[gup 0]

Hello,

 

I had a few questions regarding my Canadian spouse immigrating to the USA, would greatly appreciate any help you can provide in clearing up some confusion we had. 

 

1. I’m an American citizen trying to sponsor my Canadian wife to live with me in the United States. We will be married in November. What would be the fastest way to allow her legal entry into the states? (K3 or CR1 or F1?) She will be visiting Florida in December and returning to Canada in February. What is the best way to ensure her entry into the states after traveling from Aruba and ensure that she can visit again with a pending Green card application? I want her to be able to travel to and from Canada as freely as possible during this process, attempting to avoid long-distance at all costs. Which visa application would give her this freedom? 

 

2. How long does CR-1 take to get approved? (at what point can she enter the US as an immigrant after applying?) 

 

3. Can she still freely enter the states with a pending CR-1 or K3 Visa application? How? And for how long at a time is safe? 

 

4. What are the chances her time of visiting will be restricted or denied? What can we do to help her case?

 

5. Will they consider appeals for personal reasons such as wanting to visit your spouse more often? Or promising to go back to Canada every 3 months (Providing a good track record as she has already traveled to the states once as an adult and left within a week)

 

6. Does good immigration credit improve her chances of entering as a visitor?

 

7. What other proof can she give to support her visitor visa and show that she will be returning to Canada? How can she tie herself to Canada but still visit for months at a time? Would an immigration officer question her work ties if she visits for multiple months quite often?

 

8. Which forms do we need to fill and can we submit them at once? Currently leaning towards the Cr-1.

 

Can my Canadian spouse visit me in the states while the cr1 is being processed? How do I ensure she does not encounter issues at the border?

 

Appreciate any help you can provide.

 

Best Regards,

 

Gup

[Crazy Cat 42,625]

31 minutes ago, gup said:

Hello,

 

I had a few questions regarding my Canadian spouse immigrating to the USA, would greatly appreciate any help you can provide in clearing up some confusion we had. 

 

1. I’m an American citizen trying to sponsor my Canadian wife to live with me in the United States. We will be married in November. What would be the fastest way to allow her legal entry into the states? (K3 or CR1 or F1?) She will be visiting Florida in December and returning to Canada in February. What is the best way to ensure her entry into the states after traveling from Aruba and ensure that she can visit again with a pending Green card application? I want her to be able to travel to and from Canada as freely as possible during this process, attempting to avoid long-distance at all costs. Which visa application would give her this freedom? K3 visas are obsolete.  No use even considering that one.  A CR-1 is the one which applies after you are married.  

 

2. How long does CR-1 take to get approved? (at what point can she enter the US as an immigrant after applying?) For a CR-1, 18-24 months is a reasonable estimate for time from filing to visa in hand.  It could take a little longer.  Other VJ members are currently reporting (based on member data input) 709 days on average from filing until interview.

 

3. Can she still freely enter the states with a pending CR-1 or K3 Visa application? How? And for how long at a time is safe? Every entry into the US is at the discretion of CBP.  No entry is guaranteed for a visitor. She must convince CBP (if asked) that she will return to Canada . 

 

4. What are the chances her time of visiting will be restricted or denied? What can we do to help her case? See #3 above.  

 

5. Will they consider appeals for personal reasons such as wanting to visit your spouse more often? Or promising to go back to Canada every 3 months (Providing a good track record as she has already traveled to the states once as an adult and left within a week) Every visit is at the discretion of the CBP offer monitoring her entry.  Do a lot of spouses visit during the visa process?  Yes.  Have any spouses ever been turned away at the border?  Yes.  The more time she spends in the US and the more visits she makes increases her chances of being scrutinized. 

 

6. Does good immigration credit improve her chances of entering as a visitor? Maybe, but there is no magic number of visits.  If a CBP officer suspects she is trying to live in the US or trying to enter for the purpose of staying  to adjust status, he/she can deny a visitor. 

 

7. What other proof can she give to support her visitor visa and show that she will be returning to Canada? How can she tie herself to Canada but still visit for months at a time? Would an immigration officer question her work ties if she visits for multiple months quite often? She needs documentation of strong ties to Canada.  Job, Lease, other commitments, etc.

 

8. Which forms do we need to fill and can we submit them at once? Currently leaning towards the Cr-1. See the guides section of this web site.  There is a pretty good guide there.

 

Can my Canadian spouse visit me in the states while the cr1 is being processed? How do I ensure she does not encounter issues at the border? Visiting is allowed assuming she can convince CBP of her intent to return to Canada.  See #7 above.

She cannot live in the US until she has a visa in hand, but she can visit as explained above.

She cannot enter the US as a visitor with the intent to stay and adjust status.

Appreciate any help you can provide.

 

Best Regards,

 

Gup

 

Here is a link to the spousal visa guide:

 

Edited September 11, 2021 by Crazy Cat

[HRQX 4,145]

35 minutes ago, gup said:

What would be the fastest way to allow her legal entry into the states? (K3 or CR1

Note that there have been zero K-3 visas issued since 03/20/2020: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

36 minutes ago, gup said:

Can she still freely enter the states with a pending CR-1

Each entry is at CBP's discretion

38 minutes ago, gup said:

Which forms do we need to fill and can we submit them at once? Currently leaning towards the Cr-1.

The form the US citizen files is Form I-130 and I recommend to do online filing: https://www.uscis.gov/i-130 It results in getting the Receipt notice way faster.

 

The Canadian will fill out I-130A spouse supplement and the US citizen will upload it:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

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[DGF 730]

On 9/10/2021 at 6:39 PM, gup said:

Hello,

 

I had a few questions regarding my Canadian spouse immigrating to the USA, would greatly appreciate any help you can provide in clearing up some confusion we had. 

 

1. I’m an American citizen trying to sponsor my Canadian wife to live with me in the United States. We will be married in November. What would be the fastest way to allow her legal entry into the states? (K3 or CR1 or F1?) She will be visiting Florida in December and returning to Canada in February. What is the best way to ensure her entry into the states after traveling from Aruba and ensure that she can visit again with a pending Green card application? I want her to be able to travel to and from Canada as freely as possible during this process, attempting to avoid long-distance at all costs. Which visa application would give her this freedom? CR1. Her best bet for freedom to be in the US while it processes is to get a TN (if she qualifies). Without qualifying for another visa while her CR1 processes there is no way to avoid long distance. 

 

2. How long does CR-1 take to get approved? (at what point can she enter the US as an immigrant after applying?) 1.5-2+ years. She can enter the US as an immigrant at the very end of the process when the visa is printed in her passport.

 

3. Can she still freely enter the states with a pending CR-1 or K3 Visa application? How? And for how long at a time is safe? Maybe, depends on how strong her ties to Canada are and if the officer is having a bad day. Up to 180 days at a time. It's generally recommended that she be in Canada for at least as long as she was in the US, if not double.

 

4. What are the chances her time of visiting will be restricted or denied? What can we do to help her case? No one can answer this, just be prepared with documentation showing ties to Canada. 

 

5. Will they consider appeals for personal reasons such as wanting to visit your spouse more often? Or promising to go back to Canada every 3 months (Providing a good track record as she has already traveled to the states once as an adult and left within a week). No.

 

6. Does good immigration credit improve her chances of entering as a visitor? Unknown but I wouldn't rely on it.

 

7. What other proof can she give to support her visitor visa and show that she will be returning to Canada? How can she tie herself to Canada but still visit for months at a time? Would an immigration officer question her work ties if she visits for multiple months quite often? Bring the things on this list. Also any documentation showing you are doing a CR1.

 

8. Which forms do we need to fill and can we submit them at once? Currently leaning towards the Cr-1. Check out the guides. 

 

Can my Canadian spouse visit me in the states while the cr1 is being processed? How do I ensure she does not encounter issues at the border? Yes. You can't.

 

Appreciate any help you can provide.

 

Best Regards,

 

Gup

I'd also recommend checking out the Canada forum. There's a good thread for people waiting for their interviews. That's not where you're at now, but it will help you be prepared for future stages of the process. 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.