Stopped at the border - visiting before CR-1 complete

[muchogrande 0]

So, I filed an I-130 (CR-1) for my wife via DCF in Vancouver a month ago. We then planned to visit the states while we did the visa work. She was stopped at the border. Major bummer. We had as much proof of ties to Canada as possible, but we messed up/were unlucky somewhere. I'm hoping to pass on my experience so others can learn from it:

We told the first IO our plans > I was moving to the U.S. (I'm dual) and she was coming to visit me for 6 months while we processed the CR-1

He flagged us to Stage 2. There, the woman said outright: as we had applied for the visa, she was not allowed to enter the states until it was completed. Period. She asked for ties to Canada so we told her we had a letter from her employer stating that he was hiring her back as soon as she returned. The IO didn't seem to care about that, she wanted CURRENT ties. The IO was quite friendly tho (and funny) and said that coming to visit, especially for 6 months, was WAY out of the question. She asked to see evidence of filing the I-130, which we provided. She did go and ask her supervisor if we could file an I-94 for a shorter period. The supervisor said no. They made her sign a document stating she would not try to enter the states until the CR-1 visa was completed.

I have read stories of people who were able to do what we were planning, just wanted to share one where things didn't work out. I believe we are stuck now until the visa is processed (the IO could not even find record of the I-130 in the system, so Im sure it will be a while).

[Malrothien 6]

Curious, which border did you go through? The big problem I see here is that the employment letter isn't the right kind of letter. She needed a letter stating, "So and so is expected to return to work on this date." An open ended "I'll rehire her when she returns" isn't considered ties. :\

[Revenesque 2]

So, I filed an I-130 (CR-1) for my wife via DCF in Vancouver a month ago. We then planned to visit the states while we did the visa work. She was stopped at the border. Major bummer. We had as much proof of ties to Canada as possible, but we messed up/were unlucky somewhere. I'm hoping to pass on my experience so others can learn from it:

We told the first IO our plans > I was moving to the U.S. (I'm dual) and she was coming to visit me for 6 months while we processed the CR-1

He flagged us to Stage 2. There, the woman said outright: as we had applied for the visa, she was not allowed to enter the states until it was completed. Period. She asked for ties to Canada so we told her we had a letter from her employer stating that he was hiring her back as soon as she returned. The IO didn't seem to care about that, she wanted CURRENT ties. The IO was quite friendly tho (and funny) and said that coming to visit, especially for 6 months, was WAY out of the question. She asked to see evidence of filing the I-130, which we provided. She did go and ask her supervisor if we could file an I-94 for a shorter period. The supervisor said no. They made her sign a document stating she would not try to enter the states until the CR-1 visa was completed.

I have read stories of people who were able to do what we were planning, just wanted to share one where things didn't work out. I believe we are stuck now until the visa is processed (the IO could not even find record of the I-130 in the system, so Im sure it will be a while).

When I first researched the requirements of applying for CR-1, I read somewhere that the Beneficiary had to wait in his/her home country until the CR-1 application is complete. However, in our case, our application is in progress and I have been able to cross the border freely. I think it's because 1) my trips are short (weekends or 1-week vacations); 2) I brought proofs of ties (e.g. paystub, employment letter). When they asked me why I'm visiting the US, I tell them that I'm visiting my USC hubby, and that our Immigration application is in progress. I also tell them I make these trips 2-3 times a months.

Haven't had a problem crossing for the last 2.5 yrs.

Edited December 4, 2009 by Ravenesque

[Flames9_RN 358]

Sorry to hear, the majority do not have problems, but as you know, some do! All comes down to the POE officer. Sorry to hear about this.

[muchogrande 0]

Yeah, we've definitely learned from our mistakes now! This happened at YVR immigration.

[Krikit 1,164]

What in the world?

Yet another example of poor interpretation of policy. Sorry that happened to you, muchogrande. The land borders seem to have a much better grasp of things. What about calling them or visiting one (the land border) in person to find out if you have any options? Bring tons of proof of ties. Here's a link. Ignore the references to K-1 visas as it applies to all.

Visitation FAQ's

[darkchilde794 5]

They made her sign a document stating she would not try to enter the states until the CR-1 visa was completed.

OMG that is just retarded. Literally preventing two married people from seeing each other. I know I may be over reacting a bit but isnt that a little too much?

Perhaps your wife can try to visit for shorter periods of time and explain the situation. Or write or call the CBP office.

Im sorry to hear this I hope you can at least be reunited with your wife in Canada.

[muchogrande 0]

Thanks Ill try that -- also thinking to get some legal advice as well. But, Im not that hopeful -- I think I might just move back to canada until this is done.

They made her sign a document stating she would not try to enter the states until the CR-1 visa was completed.

OMG that is just retarded. Literally preventing two married people from seeing each other. I know I may be over reacting a bit but isnt that a little too much?

Perhaps your wife can try to visit for shorter periods of time and explain the situation. Or write or call the CBP office.

Im sorry to hear this I hope you can at least be reunited with your wife in Canada.

[Dakine 26]

Beats me why they are concerned about people with a Immigrant visa in progress. To me they are the ones less likely to go illegal!

It would be different if they'd been denied at the embassy interview.

[emjaykain 0]

I just read this and had to smile.

My husband and I just recently went through the exact same thing, although a bit harsher. We went through the Sarnia boarder and brought all our paperwork with us to the exact same outcome. They fingerprinted me (Canadian Citizen) and took my photo's and explained to me that I wasn't allowed to temporarily stay in the US while our Visa was processed. The officer was very friendly about it and it was a bit scary (we were in the boarder patrol over for over 3 and a half hours for questioning) but my husband had to drive me back to Toronto and head back to Chicago without me.

We asked while we were there about me travelling to the US now that this has happened, and they explained that I shouldn't try it unless I brought very strong ties with me that I'm returning to Canada and it is only a short visit for a specific reason.

A month after we were having a family get together in Georgia, and I had a round-trip ticket purchased. I packed my bag with current phone bills from Rogers, bank statements showing my open TD account, pay stubs from my employer, a letter from my parents that I'm currently residing with them etc. I was stopped for secondary questioning before boarding the flight from Pearson, and was asked if I had ever been denied entry before. I told him the entire story about the Sarnia incident, was completely truthful, let him tear through my bag and check all my paperwork and in the end he was more than happy to let me board the flight. He gave me a 5 day extension past my roundtrip fare dates in case I needed to stay for an emergency in the US and then explained if I did not return I'd be in big trouble .

I have a roundtrip ticket purchased for Florida and I'm leaving in a few days to spend a few weeks with the in-laws. I'm hoping it goes as smoothly as the Georgia visit did.

All in all, maybe it depends on the officer that stops you, but the way I was explained the situation was it's alright to visit, but not for anything more than what is necessary at any given time. We were told that it is not okay for me to live in the US for 6 months, even though they grant Canadian citizens 6 month visitor visa's, when processing immigration documents. It's viewed as trying to sneak in inadmissably. (I did have two immigration charges laid on me when I tried to enter Sarnia. He said they were just administrative charges, nothing criminal but it would be flagged on my passport). He said there's a huge distinction between visiting and living somewhere, and 6 months is by no means a visit.

Just thought I'd share that with you, you're not the only one it's happened to. Good luck in the future

[CDAgirlMI 51]

Beats me why they are concerned about people with a Immigrant visa in progress. To me they are the ones less likely to go illegal!

It would be different if they'd been denied at the embassy interview.

You'd figure!

[Persona 0]

the problem is the 6 months... cause people are allowed just 3... longer than this you need a visa... that's what i always been told..

[trailmix 77]

the problem is the 6 months... cause people are allowed just 3... longer than this you need a visa... that's what i always been told..

You were told wrong, it's 6 months

As for the visit vs residing - it is completely up to the border guards at any given moment - look at the millions of snowbirds that own property in the U.S. and do it every year - most probably don't encounter what you guys are - but who knows.

Edited December 7, 2009 by trailmix

[intuitionsys 0]

We're in somewhat of a predicament as well. There is a good chance (though no guarantee as we all know) we'll be getting an interview date in January for February. My wife would like to come back with me and visit for the month of January but she'd have to leave her job. There is no way her employer would give her a leave of absence for a whole month. What we'd like to do is buy a one-way ticket back to Ottawa as, at the very least intention, of returning to Canada. We're just worried they may have the same attitude as usual - like you give a hoot about your job if you're leaving in a few months anyway - that you don't have strong enough ties. I just hate to have to put my wife through the stress of being turned back. Trust me more than a few expletives have found their way into our private conversations about some of the IOs. Some are great and some are... well... ahem... you know. We just worry about connecting with the latter, as does everyone here I imagine.

[trailmix 77]

Yeah it's a big concern.

The only guarantee is to not have your wife visit - not a great option for you two i'm sure.