Advice please?

CMac83
Junior Member



Joined: 15 Jun 2008
Posts: 11

Posted: Sat Jun 28, 2008 10:32 pm

 

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The port director at a POE near here informed me that I wouldn't be able to enter the U.S. as a visitor while my I-129F was pending. There's also a website that seems to indicate the same. I can't post the link yet, but here are the quotes that make me nervous:

"All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand."

"While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S."

If there's any doubt at all, I'd probably lean towards not trying it, as I don't need any more bad stuff on my record (in addition to my previously denied TN visa and visitor visa). Also, with the cost of airline tickets, it would suck to spend $600 only to be turned away while trying to get on board the plane.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1587
Location: Calgary

Posted: Sun Jun 29, 2008 12:25 am

 

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If you're doing consular processing, they're not aware of it at the border. At least they don't seem to be.

Besides you're not seeking immigrant status in the US while you're there, are you? You're just going to visit her while the application is processed. The point is your *intent* when you visit. If you intend to leave, get a visa and come back, there's nothing illegal.
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Steve.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1451
Location: North Carolina

Posted: Sun Jun 29, 2008 6:00 am

 

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I-129Fs petitions are not processed by the consulate, they're processed in the US by USCIS at a service centre. After the petition is approved by USCIS, then the beneficiary (CMac83) will receive an interview package to go to the Consulate in Montreal to apply for his visa.

And what Steven said is correct. You'd not be entering the US to get married on that trip and then stay to adjust status. You're just there to visit and then leave. The burden of proof is on you to prove that you will not be staying illegally, but if you have proof of ties to Canada you should be fine. Like a job, home, car, return ticket etc etc etc.Although if you don't want to take the chance on losing the money paid for airfare, your girlfriend can always visit Canada and should have no difficulty whatsoever.

People who're in the sytem waiting on K1s, K3s, CR1s travel to the US all the time, some on a weekly or monthly basis. Check out http://www.visajourney.com for more information on the K1 processing.
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