How long before border notified?

canabird
Junior Member


in Fiance-Visa limbo

Joined: 20 Aug 2007
Posts: 12
Location: Toronto

Posted: Fri Aug 24, 2007 10:02 am

 

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Hey hey fellow canucks. My fiance and I have visited eachother several times this year, and filed our K-1 on July 28 2007. Assuming USCIS rceived it.

.If I wanted to visit my Fiance in Florida and/or his sister in Boston mid-September, *how soon* would the border have been notified of the K-1 petition ap?

Would the border's knowledge of the petition be affected by how I crossed? ie.

-drive through (the best option for me because I want to bring my dog)

-Greyhound bus (return ticket)

-Airplane (return ticket)

I do not intend to stay, but I don't want to get into a hassle over the K-1 at the border either.

Thanks! CB

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Reba
Moderator


Canuck in NC

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

Posted: Sat Aug 25, 2007 5:51 am

 

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If you've received the NOA (notice of action) receipt from USCIS, then the border officials will have record of the petition.

There is no law that states once you have a petition submitted with your name on it that you cannot visit. The law remains the same as always, that you have to prove to the CBP officer that you have no intent of immigrating illegally on this trip. So of course, once that petition is submitted, it gets harder to prove you do not intend to immigrate, but IMO, easier to prove you do not intend to immigrate on *that particular trip*.

Just make sure you have ample evidence that you will be in fact returning to Canada. Have a letter from your employer stating you are on approved vacation leave, and you're expected back in the office on XX date. Have a copy of evidece of abode (rental agreement, mortgage agreement.), stuff like that that shows you have ties to Canada that you have to return to. Have a photocopy of your NOA from the petition, to show that you are doing things the legal way, and you have to return to Canada to complete the process (as you know, interviews for K1 are held in Canada, not the US).

Nothing is guaranteed of course, its all just a crap shoot.

Driving is probably your best bet, because if you are denied entry you won't lose the cost of your air ticket or have to sit around in a skinky bus station for a return bus.
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canabird
Junior Member


in Fiance-Visa limbo

Joined: 20 Aug 2007
Posts: 12
Location: Toronto

Posted: Sat Aug 25, 2007 7:26 am

 

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Thanks for explaining exactly what evidence I need to establish ties to Canada. Most of what I have read is kind of vague.

We sent the petition to Vermont, and haven't received a NOA yet, even though it has been a month. Stranger still, we haven't received delivery confirmation from USPS. But just to be safe, I will phone USCIS Monday to find out for sure.
(anyone know their number? 1-800-375-5283 doesn't work from Canada)

Does anyone else find it strange that officials are so worried about K-1 applicants crossing the border and illegally immigrating? I mean, if you cross the border and file for AOS before the K-1 is approved, you have effectively killed your chances of immigrating via fraudulently misrepresenting your intentions. Your subsequent AOS application would be rejected, not to mention you would be prosecuted.

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Reba
Moderator


Canuck in NC

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

Posted: Sun Aug 26, 2007 5:09 am

 

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But not everyone bothers to petition for the K1 first. Quite a lot of people just cross the border, get married and stay to adjust. And, surprisingly, quite a lot of Canadians just cross the border for a "vacation" and stay illegally indefinitely. As well as every other nation in the world, Canada adds to the rosters of illegals every day. Its not just the Mexicans and Guatemalans.
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canabird
Junior Member


in Fiance-Visa limbo

Joined: 20 Aug 2007
Posts: 12
Location: Toronto

Posted: Mon Aug 27, 2007 9:05 am

 

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In other words, having filed the K-1/ K-3 is to your credit, ie. fair proof of your good intentions, which would make it easier to cross?

A K-3 applicant would be denied AOS if they married before their visa was approved.

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Reba
Moderator


Canuck in NC

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

Posted: Tue Aug 28, 2007 3:29 am

 

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That's my thought yes, and it quite often works thta way at the border, going by other's experiences.

[/quote]

um.did you mean K1? Because for the K3, one has to already be married in order to apply for that particular visa.

If you meant K1, then yes. If you petition for that visa and then get married before you obtain the visa, the petition is void, you'd have to start over with some other process for marriage based visa.
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