Canadian spouse visiting U.S. spouse with pending i130 HELP PLS

[natalie mulimbi 6]

Hii everyone!

 

my husband and I have been wracking our brain and could use some insight. We have a pending I130 case (consular processing) since October 2023. My husband (Canadian) has visited me (U.S. citizen) via land border multiple times - probably amounting to 3 months total this year so far (separate trips) He’s been in Canada for 3 months now and wants to visit me in the states via air travel for a total of 2 months and 3 weeks. This will cap him at 180 days. We are extremely nervous that border patrol via airport is going to give him a hard time for wanting to stay so long. We do have a return ticket btw! Would LOVE some opinions or personal experiences please

[Wolle 68]

It should be not a problem at all……..I even heard you can travel after the approval…….

Edited August 22 by Wolle

[Lemonslice 4,836]

He might be asked to show evidence of planning to return to Canada, funds to finance his stay, etc. Might be asked on how he's able to take so much vacations (since he is not allowed to work remotely as a visitor).  Might also not be asked more questions than usual. 

Personally, I would not push it to 180 days, but his tolerance to risk (of losing the cost of the ticket/ease of visiting until he gets his visa) might be higher than mine.  

 

Also, depending on how much he has stayed in previous years, don't forget to check if he meets the substantial presence test of the IRS (see this article for an overview, more details on the IRS website: https://www.cbc.ca/news/canada/canadian-snowbirds-rules-you-need-to-know-1.2925513) 

 

Personal experience: I traveled multiple times (20+) after getting married/before receiving my visa, but I kept my trips shorter since I had a life and obligations back home.  Longest stay was 3-4 weeks for vacations; most questions I ever got is when I brought my bicycle (?)  

[Wolle 68]

@Lemonslice

did you also travel after the approval? I wanna do that on Christmas…….🎄 see my father in law at 88!

at the meantime I am not sure to get my visa before in my passport……

[Boiler 45,467]

I was wondering what he does.

[Wolle 68]

@Boiler

sorry…… do you mean me? I don’t understand your comment 🙇🏻

[natalie mulimbi 6]

@Lemonslice this is really helpful as those were all my concerns as well!!

 

He is a full time graduate student online but also does medical documentation remotely. 
 

We are thinking to avoid any issues to just reduce his trip to 5 weeks (he has all his vacation time left) . And then check his i94 online once he gets here to see if they grant him more time (awesome if they do, but okay if they don’t). Would that be reasonable? 
 

OR he can drive via land border as they’re usually much more relaxed and give him more time.

Edited August 22 by natalie mulimbi

[canadian_wife 1,822]

8 hours ago, Wolle said:

@Boiler

sorry…… do you mean me? I don’t understand your comment 🙇🏻

 

I think Boiler means - what does your husband do where he can take so much time off to visit you.

 

Good luck

[natalie mulimbi 6]

@canadian_wife he works remotely but is mainly a full time grad student online

[powerpuff 6,697]

*** Thread moved to Tourist Visas forum as the question is about visiting the US ***

[canadian_wife 1,822]

1 hour ago, natalie mulimbi said:

@canadian_wife he works remotely but is mainly a full time grad student online

 

He is unable to work in the united states, in any capacity, while a tourist.  

 

Good luck

[Cathi 5,747]

2 hours ago, natalie mulimbi said:

@canadian_wife he works remotely but is mainly a full time grad student online

It's illegal for him to work in ANY capacity from the U.S as a visitor, INCLUDING remotely. Period.

[natalie mulimbi 6]

@Cathi if he comes for 5 weeks, he wouldn’t work! He’d just be a full time graduate student online!

[Lemonslice 4,836]

14 hours ago, Wolle said:

@Lemonslice

did you also travel after the approval? I wanna do that on Christmas…….🎄 see my father in law at 88!

at the meantime I am not sure to get my visa before in my passport……

Yes, I traveled before and after i-130 approval, didn't make a difference in my experience. 

7 hours ago, natalie mulimbi said:

@Lemonslice this is really helpful as those were all my concerns as well!!

 

He is a full time graduate student online but also does medical documentation remotely. 
 

We are thinking to avoid any issues to just reduce his trip to 5 weeks (he has all his vacation time left) . And then check his i94 online once he gets here to see if they grant him more time (awesome if they do, but okay if they don’t). Would that be reasonable? 
 

OR he can drive via land border as they’re usually much more relaxed and give him more time.

As others have stated, all good, but no work while in the US.  Enjoy your time together!

[SalishSea 17,819]

12 hours ago, natalie mulimbi said:

does medical documentation remotely. 

Hopefully you realize he cannot work remotely while visiting.