Posted: Sun Jul 29, 2007 5:35 am-
The thing is, as soon as you have a boyfriend or girlfriend or spouse in the US, you automatically have stronger ties to the US than you do Canada, no matter if you own property, own a company, and have a million dollars in a Canadian bank. US border officials are told, EVERYONE has immigrant intent, no matter who they are, and its their job to weed us out. Sometimes it ain't pretty. And yes, I've BTDT myself, and been thoroughly humiliated and searched too. One woman even sat and read my personal journal while I looked on and couldn't say a word.
There is nothing particilarly "wrong" with what you said earlier, it was just not entirely correct. Both waterloo and nelson gave the indication that it was not at all possible for someone who currently has a petition in process to visit the US. This is not at all true. There is no law against it at all. If one is prepared, as flames has stated, there should be no problem whatsoever. And, even if someone does get denied entry, there is NO NEGATIVE affect on the later visa application interview. None. Yes, it will come up, because it is a question on the form. But unless you're denied for legal reasons (ie: you have a criminal record, or you do something stupid like threaten a border official during your interrogation) then yes, this will negatively affect your aplication. A simple denial of entry based on a border officials suspicion that you have immigrant intent will not.
btw waterloo, I don't want to alarm you in any way, but the old myth that you can enter the country and get married 60 days later and then adjust status is just that. A myth. It may not cause you problems with your application, but it is in fact a myth, and lawyers really should stop perpetuating it. Quite a lot of people have been caught by it, and a few even denied their adjustment.
The fact is, if you enter the United States as a visitor, with the intent of marrying and staying, you have in fact broken an immigration law. 98% of the time it does not become an issue at the adjustment interview, but sometimes it does.
If you enter the country as a visitor with no intent to stay and marry, and then do in fact marry on the spur of the moment and decide to stay, then you're golden. The trouble is convincing USCIS which one you did. They're going to assume the former, that's their job. You have to try and convince them it was the latter.
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READ ME FIRST!! Immigration Information for Canadians who want to move to the US for any reason.