I130 Pending, yet traveling to US on Tourist Visa

[manyfudge 291]

1 hour ago, vantazia said:

r. And given that her father is not a USC, I could not automatically pass on citizenship

I have helped a few on Reddit who did not know that they were U.S. citizens at birth (seems to rife in Canada).

1) was your daughter born in wedlock?  If not, you need to have spent only ONE year in the U.S. prior to her birth.

 

2) in wedlock - 5 years, 2 of those after 14.

 

3) are either of your parents US citizens with the required 5/2 residence? She would qualify by filing N600k.

 

 

 

[SJinCA 25]

Another thought in addition to what you've already listed: does your daughter participate in any extracurricular activities -- dance classes, after-school program, something like that? Do you have any records for that? 

 

At what point are you in the home-buying process? Are you just going to look at options, or are you about to close? I would be prepared to explain your anticipated timeline and why you're buying a house at this particular moment. U.S. citizen parent, with sole custody of a foreign citizen child, having already filed an I-130 for said child which shows an intent to immigrate, bringing child into the U.S. in order to buy a home -- that is more than enough to raise suspicions about the "temporariness" of a visit. Not doubting your story, just thinking how a CBP officer might. 

 

You might be asked how you will manage paying rent in Canada as well as paying a mortgage on a second house. I would be prepared for that question with evidence. 

 

 

[vantazia 3]

18 hours ago, manyfudge said:

I have helped a few on Reddit who did not know that they were U.S. citizens at birth (seems to rife in Canada).

1) was your daughter born in wedlock?  If not, you need to have spent only ONE year in the U.S. prior to her birth.

 

2) in wedlock - 5 years, 2 of those after 14.

 

3) are either of your parents US citizens with the required 5/2 residence? She would qualify by filing N600k.

 

 

 

Thank you for the details..I have triple checked that she does not qualify for US citizenship at birth unfortunately

[powerpuff 6,744]

Hijack post removed. As was suggested, please start your own thread to ask questions.

 

VJ Moderation 

[vantazia 3]

UPDATE

We entered the US with no issues at all. The officer asked when my daughter will leave and I told him we both leave in 2 weeks and he looked at me and said welcome home. I truly think that if you have no intentions to lie or overstay then you should be fine with entering *and existing* the US.

[OldUser 6,980]

32 minutes ago, vantazia said:

UPDATE

We entered the US with no issues at all. The officer asked when my daughter will leave and I told him we both leave in 2 weeks and he looked at me and said welcome home. I truly think that if you have no intentions to lie or overstay then you should be fine with entering *and existing* the US.

Great to hear it! A lot of interaction with CBP is human factor, so glad it worked in your case.