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vantazia

I130 Pending, yet traveling to US on Tourist Visa

By vantazia in Bringing Family Members of US Citizens to America

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vantazia Rookie

vantazia   1

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I am USC who has submitted an I130 on behalf of my 14 years old Canadian daughter in April 2024. The I 130 is still pending but I would like to take my daughter to visit the US as we are purchasing a home. She obtains a visa on arrival, so will not need to apply for one prior.

I have no intention of staying in the US with her, and have proof through her school, rent, bank accounts, car and holiday booked and paid for after our return from the US. 

Will that be okay or should I anticipate any issues at the border?

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Dashinka Grand Master

Dashinka   24,479

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You should be fine, and it looks like you are prepared to show evidence of her need to return if asked.  That being said CBP can always be a toss-up.  Also since she is a minor, do you have a letter of permission from the other parent to take her out of Canada?  I seem to remember CBP on both sides looking for that.

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vantazia Rookie

vantazia   1

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1 hour ago, Dashinka said:

You should be fine, and it looks like you are prepared to show evidence of her need to return if asked.  That being said CBP can always be a toss-up.  Also since she is a minor, do you have a letter of permission from the other parent to take her out of Canada?  I seem to remember CBP on both sides looking for that.

Thank you for the feedback. Her father and I are divorced and I have had sole custody for the past 7 years, so will also travel with the custody and divorce documents

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Boiler Grand Master

Boiler   45,445

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14 year old = School so she will be travelling during her holidays?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,445

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But not a USC?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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OldUser Veteran

OldUser   6,606

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It's possible to have issues with daughter's entry in the US. 

 

You're a USC who can move to the US at any point. You're purchasing the house in the US. Your daughter who's in your custody is coming with you... There's I-130 for daughter.

 

Yes, a CBP can have doubts.

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appleblossom Experienced

appleblossom   2,438

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1 minute ago, vantazia said:

I am an American citizen by birth and my daughter is Canadian. 

 

I think Boiler was asking if your daughter isn't already a USC - but I assume you didn't spend the required time in the US for her to be a USC too?

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vantazia Rookie

vantazia   1

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18 minutes ago, OldUser said:

It's possible to have issues with daughter's entry in the US. 

 

You're a USC who can move to the US at any point. You're purchasing the house in the US. Your daughter who's in your custody is coming with you... There's I-130 for daughter.

 

Yes, a CBP can have doubts.

Of course, I understand they can have doubts. That is why I am just thinking of all the possible valid documents to prove that our intention is to leave. It is frustrating that there are some of us who try to do things the right way by applying for the petition and waiting while others go the other route and then we are left scurrying to prove intentions

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vantazia Rookie

vantazia   1

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1 minute ago, appleblossom said:

 

I think Boiler was asking if your daughter isn't already a USC - but I assume you didn't spend the required time in the US for her to be a USC too?

Oh thanks for clarifying! That is right, we left when I was younger. And given that her father is not a USC, I could not automatically pass on citizenship

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appleblossom Experienced

appleblossom   2,438

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Just now, vantazia said:

Oh thanks for clarifying! That is right, we left when I was younger. And given that her father is not a USC, I could not automatically pass on citizenship

 

Her father isn't relevant to you passing on citizenship, only the time that you have spent in the US is. But it that wasn't enough, then you're right and she's not a USC already. 

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OldUser Veteran

OldUser   6,606

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5 minutes ago, vantazia said:

Of course, I understand they can have doubts. That is why I am just thinking of all the possible valid documents to prove that our intention is to leave. It is frustrating that there are some of us who try to do things the right way by applying for the petition and waiting while others go the other route and then we are left scurrying to prove intentions

Not even sure what could convince the CBP agent if she was put in secondary.

 

Definitely take everything you have.

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