Visit US while waiting for I-130

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KitsNew Member
Topic author
Posts: 6
Joined: 1 Feb 2009

Visit US while waiting for I-130

Post Wed Oct 21, 2009 10:03 pm

Hi,

I just received my US citizenship. I am now applying GC for my Canadian husband of 3 years. He is still living in Canada. I am wondering if it is possible for him to visit me in the US this Christmas for a week while waiting for I-130 to be approved.

I am also wondering which one is shorter, Consular Process or AOS?

Thank you very much.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: Visit US while waiting for I-130

Post Thu Oct 22, 2009 4:14 am

Well, he can't do AOS really, you would have had to have just got married for that. So, consular processing it is. Are you Canadian? If so, you can do DCF. If not, you have to send the I-130 to USCIS in the states.

yes, your husband can visit at the holidays, if he shows proof of abode and ties to Canada, and a specific return date. If he has a job, a letter from his employer stating that he is on approved vacation leave and expected back on XX date might also help.

for marriage based immigration to the US see www.visajourney.com ALL the information you need is already there
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agnelsonCanuckAbroad VIP
Posts: 2865
Topics: 1
Joined: 26 Aug 2009

Re: Visit US while waiting for I-130

Post Thu Oct 22, 2009 8:49 am

Filing of an I-130 for the spouse of a US citizen living in the US is generally considered an almost insurmountable obstacle to entry into US as a toursist or any other non-immigrant status (except H or L) due to obvious intent to immigrate, so while carrying all kinds of proof that you will not stay in the US -- as Reba says -- "might" get you into US, I wouldn't count on it.

Once I-130 is filed (and maybe even before that) He likely will not be allowed in until you complete either the K3 or DCF process.
Last edited by agnelson on Thu Oct 22, 2009 5:39 pm, edited 1 time in total.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: Visit US while waiting for I-130

Post Thu Oct 22, 2009 4:11 pm

well, since they're already married, K1 is a non-issue. That's for non-married couples only.

I know plenty of people who visited the US during the process quite easily. Myself included. Just had to prove non-immigrant intent at entry, which was easy enough to do, with a job, rental agreement etc to get back to. And only carrying stuff with me for duration of stay. If I said I was only going to be there a week, then I only had one week's worth of clothes with me, not 18 suitcases and my entire teddy bear collection. ;)

I also know some who've been denied entry on several occasions, mostly because they couldn't prove ties to home country.
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agnelsonCanuckAbroad VIP
Posts: 2865
Topics: 1
Joined: 26 Aug 2009

Re: Visit US while waiting for I-130

Post Thu Oct 22, 2009 5:39 pm

I meant K-3, of course.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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KitsNew Member
Topic author
Posts: 6
Joined: 1 Feb 2009

Re: Visit US while waiting for I-130

Post Thu Oct 22, 2009 9:30 pm

Hi,

Thank you all so much for your helpful advice.

I am a Canadian citizen with US citizenship. Could I apply for DCP for my husband? Is DCP different from CP? What is the process of DCP? How long does DCP take?

Thank you.
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agnelsonCanuckAbroad VIP
Posts: 2865
Topics: 1
Joined: 26 Aug 2009

Re: Visit US while waiting for I-130

Post Fri Oct 23, 2009 3:01 am

visajourney.com
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: Visit US while waiting for I-130

Post Fri Oct 23, 2009 4:08 am

Check out the info at Visa Journey in the DCF forum
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Visit US while waiting for I-130

Post Sat Oct 24, 2009 4:58 pm

Steve.
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