Can I cross the border while waiting?

[MadRon 0]

Hi all. I'm a Canadian, my wife is US citizen (perm res in Can). We filed the I-130 last week & have received email confirmation. We plan on moving south for better weather. During this whole process is there any problem with me crossing the border on a regular basis as a visitor? We live in a border town and cross regularly for gas/groceries/entertainment/visit friends/etc. My in-laws are just across the border & I'm there a lot too. I read somewhere that immigration applicants are not allowed in, but the final decision lies with the border guard. I have a NEXUS pass - once my application is actually in process will I be flagged crossing into the US? Does anyone have any actual experience with this? Is there a simple way to prove I'm not trying to sneak into the country?

Thanks for any help.

[configuration 2]

I'd be interested in the answer to this as well. Exactly the same situation- Canadian citizen, soon to marry USC and start the CR-1 process. Would it be ok to continue to drive down to see her every now and then on my Nexus card?

Basically, once she files an I-130 for me, does the CBP get some information which would flag me in their system?

[StormHeraldEDM 5]

My husband and I married in May, filed I-130 paperwork in October. I'm the USC, he's the Canadian.

Since we've filed, both of us have traveled over the border, both directions, without issues. We didn't volunteer extra information, and we weren't asked extra questions. It has always been the standard question set, no interesting leads, no pawing through computer paperwork or extra hoops. Neither of us tried any funny business, though - we always visit for a short, defined time period, and carry documentation with us to that effect (letter from boss indicating anticipated return to work, copy of property lease, other evidence showing ties to current country of residence).

As with most things, your mileage (or kilometers!) may vary.

Best of luck,

Stormy

-Forgot to mention: I do not have a NEXUS card. I keep meaning to get one, honest I do...just keeps slipping my mind.

Edited February 13, 2012 by StormHeraldEDM

[TimeTravel 78]

Hi all. I'm a Canadian, my wife is US citizen (perm res in Can). We filed the I-130 last week & have received email confirmation. We plan on moving south for better weather. During this whole process is there any problem with me crossing the border on a regular basis as a visitor? We live in a border town and cross regularly for gas/groceries/entertainment/visit friends/etc. My in-laws are just across the border & I'm there a lot too. I read somewhere that immigration applicants are not allowed in, but the final decision lies with the border guard. I have a NEXUS pass - once my application is actually in process will I be flagged crossing into the US? Does anyone have any actual experience with this? Is there a simple way to prove I'm not trying to sneak into the country?

Thanks for any help.

As long as you go there and come back, then that is all right. But make sure, you are 100% honest with border guard. Final decision is up to border guard. On VJ, I have read that some people go and meet their spouse while their application is under process,but they have to ensure strong ties with their home country.

[hikergirl 277]

This seems to be a common theme and many members from Canada have had no issues crossing at the border during the process but be sure to bring proof of ties to Canada with you.

I did find this in the CBP help section with regards to Canadians:

The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant. There is no set period of time Canadians must wait to reenter the U.S. after the end of their stay, but if it appears to the CBP Officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc.

People have been refused at the border and have successfully crossed a few days/weeks later.

Whatever happens just don't lie to the border guards or you risk a ban for misrepresentation.

[configuration 2]

Thanks, this is very useful. So it seems as though we need to obviously be as careful while crossing during the period that the application is underway -- i.e. keep proof of ties to Canada, which I do in any case. But it seems that there isn't an obvious flag on the records of people who have their applications undergoing.

Cheers

[Rachie07 4]

I am visiting my husband from uk and had no issues. I think if you can show intent to return, I cant see there being any issues.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Canada regional forum.

[jaycali 415]

This is a reoccurring question because there is no right or wrong answer.

On paper, the answer is simple, yes. In reality a little more complex. If you are from Canada or a VWP country, there's nothing legally stopping you from trying to enter.

The complications arise when trying to convince the CBP officer (who has the final say) that you plan to return within 90 days. This is where most people struggle.

If your spouse is American, they'll automatically suspect that you might be intending to stay or try to adjust status once you get past the border.

Obviously, they know it's a natural thing though to want to visit, so if you can prove that you have a house,a job and a white picket fence to go home to, they'll probably let you in if they're convinced.

The story they would want to hear is basically that you plan to move eventually, but this is just a trip to visit, and you have no intention staying or adjusting status this time around. This is true because you have the following evidence showing that you're not yet done with Canada: (include evidence of choice).

Some key evidence may be an employment letter, a house or apt, family ties etc. Also, I've heard of people arguing that since they have an immigrant visa pending, there's no logical reason for them to want to jeopardize that.

Edited February 13, 2012 by jhsm85

[Flames9_RN 358]

#1 question asked on the Cdn forum,lol!! (or is it the police cert???)

All boils down to the POE officer! Most have no problems visiting while undergoing the visa process, but some do get questioned more, some get a date they must return by and yes some get denied and then try again and have no problems!! Never LIE!! Have evidence that you will be returning and even with that the POE officer can still deny you entry!

To your advantage you have a NEXUS pass. Still carry evidence of returning. When u get to the USA on cr-1/ir-1,, ensure you update ur info. cheers

[MadRon 0]

Thanks for all replies. Like I said, I live in border town and have been crossing regularly for 30+ yrs, so I know the in & outs of dealing with the officers. I guess I was more interested in if having a visa process somehow flags me at a border crossing. This site has been a great help with the I-130 which is currently under initial review.

[pocheros 101]

This is a reoccurring question because there is no right or wrong answer.

On paper, the answer is simple, yes. In reality a little more complex. If you are from Canada or a VWP country, there's nothing legally stopping you from trying to enter.

The complications arise when trying to convince the CBP officer (who has the final say) that you plan to return within 90 days. This is where most people struggle.

If your spouse is American, they'll automatically suspect that you might be intending to stay or try to adjust status once you get past the border.

Obviously, they know it's a natural thing though to want to visit, so if you can prove that you have a house,a job and a white picket fence to go home to, they'll probably let you in if they're convinced.

The story they would want to hear is basically that you plan to move eventually, but this is just a trip to visit, and you have no intention staying or adjusting status this time around. This is true because you have the following evidence showing that you're not yet done with Canada: (include evidence of choice).

Some key evidence may be an employment letter, a house or apt, family ties etc. Also, I've heard of people arguing that since they have an immigrant visa pending, there's no logical reason for them to want to jeopardize that.

Great post

Just a nit pick- Canada is not part of the Visa Waiver Program, and Canadians are "technically" allowed to stay in the USA for double the time, 180 days.

Edited February 13, 2012 by pocheros

[SF2007 48]

To add to the great information listed above already, it happens quite a lot that Canadians are denied entry based on potential ''immigrant intent'' when visiting a fiance or spouse in the U.S. Travel with your NOAs and make sure you can prove you will be back when you say you will.

If you do happened to be denied entry, the custom officer will offer you to withdraw your application for entry. In doing so, you don't trigger a ban and it won't affect your visa/AOS process. It did happen to me and it has not been an issue for obtaining the visa or my green card. Just ALWAYS be honest. They can denied and revoke any privilege obtained under false/misleading representation.

Good luck!

[kassyrose 0]

thanks for this post because i needed to know since i am on the process to start the I-130