How much visiting is too much ?

[Kai G. Llewellyn 837]

No hard and fast rule I'm afraid. Before I went through the CR-1 process, I was crossing every other weekend and doing the odd weeknight and I didn't have issues. But I did have strong ties to Canada, and made it very clear to CBP what my intentions were and my need to return to Canada. During the actual I-130 and visa process, it's a crapshoot. I didn't cross during that time due to the border closure and my husband stayed up in Canada with me for 18 months (thanks Canada/IRCC for your laid back approach to allowing visitor extensions ❤️) . I would have never AoS'ed as I am going through the Canadian Citizenship process and I still need to maintain my Canadian PR..notwithstanding that I also have a Canadian job, so again, would be pretty strong evidence to CBP there.

 

Eventually I was sick and tired of Montreal playing games and I ended up flying down and stayed until I got my interview appointment. Again, didn't have any issues, they didn't even ask about the immigrant visa, seemed like a lot of people on my plane were visiting American S.O's.

 

Edited April 5, 2022 by Kai G. Llewellyn

[Canada21 19]

36 minutes ago, Kai G. Llewellyn said:

No hard and fast rule I'm afraid. Before I went through the CR-1 process, I was crossing every other weekend and doing the odd weeknight and I didn't have issues. But I did have strong ties to Canada, and made it very clear to CBP what my intentions were and my need to return to Canada. During the actual I-130 and visa process, it's a crapshoot. I didn't cross during that time due to the border closure and my husband stayed up in Canada with me for 18 months (thanks Canada/IRCC for your laid back approach to allowing visitor extensions ❤️) . I would have never AoS'ed as I am going through the Canadian Citizenship process and I still need to maintain my Canadian PR..notwithstanding that I also have a Canadian job, so again, would be pretty strong evidence to CBP there.

 

Eventually I was sick and tired of Montreal playing games and I ended up flying down and stayed until I got my interview appointment. Again, didn't have any issues, they didn't even ask about the immigrant visa, seemed like a lot of people on my plane were visiting American S.O's.

 

How come it is a crapshoot during the I-130 process? I never found any legal rule that says you can’t visit during the I-130 process as long as you satisfy the CBP officer.

[Cathi 5,747]

42 minutes ago, Canada21 said:

How come it is a crapshoot during the I-130 process? I never found any legal rule that says you can’t visit during the I-130 process as long as you satisfy the CBP officer.

Because you're at the mercy of CPB who can deny entry at any time. There is no rule but if for some reason you encounter someone at the border who doesn't want to let you in you'll be denied. You're asking for people to answer a question that does not have an answer. You could be continued to be let in no questions asked or you could be denied at your next visit, there is literally no predicting.

[From_CAN_2_US 1,106]

52 minutes ago, Canada21 said:

How come it is a crapshoot during the I-130 process? I never found any legal rule that says you can’t visit during the I-130 process as long as you satisfy the CBP officer.

Because by marrying an American and applying for IR1/CR1 you have disclosed your intent to live permanently in the US. The border agent may look at this and suspect that you are trying to skip the queue and enter the US and then adjust status (even if you actually have no such intentions). Entering US with intention to AOS is illegal and that is the basis for CBP officer to stop you from entering.

[Crazy Cat 41,844]

57 minutes ago, Canada21 said:

How come it is a crapshoot during the I-130 process?

1.  Because EVERY single visitor is evaluated EVERY single time he/she requests entry into the US.  

2.  Because EVERY person who requests entry into the US is assumed to have intent to stay in the US.  It is the VISITOR'S responsibility to overcome that assumption.  

3.  Because people illegally enter the US with the intent to stay and adjust status instead of following US immigration law.

4.  Because EACH CBP officer has the discretion to either admit or deny ANY visitor.

Marriage, in itself, confers no immigration or visitation rights.  With the spousal visa process lengthy timelines, some people are tempted to bypass the lines and enter the US as visitors with intent to stay and adjust status...CBP is tasked with preventing that.  They need only suspicion to deny entry.  Others might add more...

 

Edited April 5, 2022 by Crazy Cat

[Canada21 19]

3 minutes ago, Crazy Cat said:

They need only suspicion to deny entry.

That is quite interesting. I thought there would be more checks and balances. 

[Crazy Cat 41,844]

1 minute ago, Canada21 said:

That is quite interesting. I thought there would be more checks and balances. 

That shows how important it is to be prepared to show strong ties to home country.

[Kai G. Llewellyn 837]

2 hours ago, Canada21 said:

How come it is a crapshoot during the I-130 process? I never found any legal rule that says you can’t visit during the I-130 process as long as you satisfy the CBP officer.

To enter as a visitor you must demonstrate non-immigrant intent, and by being a beneficiary of an I-130 is a strong indicator of *immigrant* intent. Therefore the burden of proof that a visitor has to overcome is therefore much higher. Those failing to demonstrate non-immigrant intent will be refused entry in accordance with INA 212(a)(7)(a)(i)(i).

Edited April 5, 2022 by Kai G. Llewellyn

[African Zealot 1,455]

Too much visiting is too much, which happens to be determined by the CBP Officer.

[SalishSea 17,824]

7 hours ago, Canada21 said:

How come it is a crapshoot during the I-130 process? I never found any legal rule that says you can’t visit during the I-130 process as long as you satisfy the CBP officer.

Because people lie and misrepresent their intentions at the US border every day.    They are actually required by law to view every request to enter as a nonimmigrant through the lens of potential immigration.  Even if you crossed two weeks ago with the same circumstances.

 

And the ones at the Canadian border will be especially cognizant of the long queue out of Montreal, and the urge that creates for people to come for a visit and "suddenly" decide to stay.

 

Even with ties.  Even with apartments and jobs.

[SalishSea 17,824]

6 hours ago, Canada21 said:

That is quite interesting. I thought there would be more checks and balances. 

I'm sure you know how busy the land crossings are.  Checks and balances?  They don't have the luxury of that.  They have to make judgements regarding intention all day long, and keep the border moving.

[Ponder 2]

16 hours ago, Canada21 said:

I am Canadian and live in a border city. How much visiting is too much during the process ? Is couple of days every other weekend too much? 

We haven’t yet filed,  wedding is next week…in Canada.  I go up and cross the border and we meet in a border town once a month. After 3 visits I had my car “searched” crossing back into the states last time. They for sure question me each time about how often I was crossing even though it’s only been 3 times since Feb.  I am a little worried they won’t let me in next week for my wedding but that said I cross into Canada so she doesn’t have to come to the states and worry as much about CBP thinking she has immigrant intent right now. She doesn’t. We are doing this legal.

[Mike E 11,739]

17 hours ago, Canada21 said:

I have a good job and an apartment. I am just concerned if me going every other weekend for a couple of days is pushing it too much. 

 

 

I think it is inevitable that with this travel pattern, you will be denied entry.  Of course it is possible that you won’t be denied before  your consular interview, and then you enter the USA on your immigration visa.  And some would say “see? @Mike E was wrong”. To which I would say, “you got your immigration visa too soon before inevitability. “
 

If you do want to continue this pattern, travel light for a weekend trip but not too light. You might be tempted to have stuff like clothes, personal items, etc waiting for you to use in your spouse’s closet at your future home in the USA.  Resist that temptation. These are signs of “living in the USA” to a CBP officer.  Treat it like visiting a national park: bring everything you need to visit, and remove everything you brought.

Edited April 6, 2022 by Mike E

[Canada21 19]

5 hours ago, Mike E said:

I think it is inevitable that with this travel pattern, you will be denied entry.  Of course it is possible that you won’t be denied before  your consular interview, and then you enter the USA on your immigration visa.  And some would say “see? @Mike E was wrong”. To which I would say, “you got your immigration visa too soon before inevitability. “

Haha. I really hope will be wrong.