processing time and entry to the states

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dtivelNew Member
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Joined: 23 Sep 2008
Location: BC

processing time and entry to the states

Post Tue Sep 23, 2008 2:25 pm

I am a canadian citizen married to an American citizen for about a year (He is in Canada since 2005 on a work visa). We are planning on moving to the states in the next year. If I put in my US immigration application now, how long is the processing time? And will I be able to visit the states with my husband? His family is in the states and it is important for them that we visit for Thanksgiving and Christmas
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CalGreenCardCanuckAbroad VIP
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Re: processing time and entry to the states

Post Tue Sep 23, 2008 5:05 pm

dtivel wrote:I am a canadian citizen married to an American citizen for about a year (He is in Canada since 2005 on a work visa). We are planning on moving to the states in the next year. If I put in my US immigration application now, how long is the processing time? And will I be able to visit the states with my husband? His family is in the states and it is important for them that we visit for Thanksgiving and Christmas


I believe processing times are under a year but am not sure. Visiting is always a crapshoot but if he is himself living legally in Canada at the time of your visit, and can prove it, I would think the chances of being allowed in for a visit would be pretty favorable as these things go. But it is never absolutely guaranteed.
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StevenCanuckAbroad VIP
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Joined: 28 Sep 2007
Location: Calgary

Post Tue Sep 23, 2008 10:22 pm

Yes you can visit as long as you plan on coming back. How long it takes depends on what category you're going for but either way they take the best part of a year.
Steve.
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dtivelNew Member
Topic author
Posts: 3
Joined: 23 Sep 2008
Location: BC

Post Wed Sep 24, 2008 10:08 am

Thank you so much for answering my question. My husband will be applying (the I-130) for me as an alien relative.I definitely have no intention of going and staying there until my visa is processed but if I do need to visit, do I need to apply for a visa? Or a better question would be, who do I contact to get permission to visit the states?

Thanks again
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flames9CanuckAbroad VIP
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Joined: 8 Mar 2007
Location: Managua Nicaragua

Post Wed Sep 24, 2008 12:04 pm

As a canadian to visit the USA you dont actually have to apply to get a visitors visa, the POE officer makes that decision right at the border for you! I traveled monthly to DC from Halifax while my CR-1 was ongoing. I never had a problem, but yes some do get denied for a variety of reasons such as, the poe officer is a grump,lol the Cdn was being a jerk,lol, no sufficient ties to Canada (bring evidence) here is my advice:

1) Always tell the TRUTH. never lie to the POE officer
2) Be confident in ur replies
3)keep ur response short and to the point, dont tell ur life story!
4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!
5)pack light! No job resumes with you
6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)
7) Always be polite, being rude isnt going to get ya anywhere, and could make things worse!
8) have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didnt lie! Refer to #1

As well check out visajourney.com great free forum that deals with relationship visas, and stop in at the canada section, were friendly!
Best of luck
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StevenCanuckAbroad VIP
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Joined: 28 Sep 2007
Location: Calgary

Post Thu Sep 25, 2008 11:25 am

dtivel wrote:Thank you so much for answering my question. My husband will be applying (the I-130) for me as an alien relative.I definitely have no intention of going and staying there until my visa is processed but if I do need to visit, do I need to apply for a visa? Or a better question would be, who do I contact to get permission to visit the states?


It's just a normal visitor entry, be prepared to show proof of ties to Canada if when they ask you why you're visiting:

"What is the purpose of your visit to the US?"

"I'm going to visit my husband."

"Your husband? Is he a US citizen?"

"Yes, I am temporarily going to visit him, but I live in Canada and I can show you proof if you want."

And then pull out utility bills, house title etc.

They may not let you in but legally there is no reason not to. A lot of I-130s (not marriage related) can take years and years to process so it's impossible to stop people from visiting while they are processed.
Steve.
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RebaModerator
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Joined: 16 Jul 2004
Location: North Carolina

Post Thu Sep 25, 2008 4:35 pm

Except she won't be going to visit the states to see her husband, she'll be visiting the states to see her husband's family. Completely different scenario. As he's legally in Canada and they're travelling together, it should be a little easier (but don't quote me on that! :p )

As flames posted, never lie, and have proof of ties to Canada with you. A copy of the NOA from the USCIS for the I-130 also works wonders.

CR1 spouse visas are currently taking about 1 year for Canadians. No idea if DCF would be an option for you if your husband is only in Canada on a work visa or not. You could maybe make an appointment at the closest US consulate and ask them if he can submitt the petition at the consulate, or if it would have to be done at a USCIS service centre in the US.
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StevenCanuckAbroad VIP
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Joined: 28 Sep 2007
Location: Calgary

Post Thu Sep 25, 2008 10:48 pm

Reba wrote:Except she won't be going to visit the states to see her husband.


Sorry, wasn't paying attention, so yes, it's easy to visit the US while the I-130 is processed, unless they think that your husband is actually going to stay in the US and you're going to stay with him, but it's less of a problem if he lives in Canada I would think.
Steve.
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dtivelNew Member
Topic author
Posts: 3
Joined: 23 Sep 2008
Location: BC

Post Wed Oct 01, 2008 2:34 pm

Thank you all so much.this helps! I dodn't even think about taking our mortgage papers and what not.Yes, my husband will be travelling to and from the states with me. He has a work visa in Canada.I am still kinda nervous flying to Colorado or San Jose and getting denied at the last moment but oh well, we all take our chances, right.

Thanks again everyone
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