[email protected]

Hi,

I understand that we are all at the mercy of the border patrol, and
that he/she can or cannot grant us entry at their discretion. My
question is...Is it "illegal" to enter while I am waiting for an
interview in Montreal. I have already sent in my complete packet three
and have been notified by phone that they have received this on January
19th. I called again today and the lady on the phone said that it was
a 3-5 month waiting list for an interview.

I need to visit the US, my wife is with me now in Canada, and want to
know if I can. If it is illegal, c'est ca, if it is not illegal would
it hurt my case?

Does anyone have an interview in Montreal...if so, when did you hear
back and when is it?

Thanks for any help!

Sean

Elenfair

Hi Sean;

I don't think it's illegal, but I don't know if the border folks are very open to the idea. You'd think they would be, considering where you are at in the process. Maybe get some letters from employers saying you are expected back at a specific time (i.e. proof you don't expect to stay forever for this visit!)

I'm sure someone will come into this thread and tell you exactly what's what.

I travelled into the US a LOT while going through the K1 process - some for work, some to visit my fiancé and family. The border people at the airport in Ottawa DID know me as a frequent traveller to the US and never even batted an eye when I flew out. They were kind of used to seeing me every 4 weeks One of them had asked about the petition process (since I guess it showed up on their computers?) and kept checking up on stuff and how it was going every time I'd bump into him flying out for something.

As a side note - the border guys were awesome when I DID fly in with my K1 (FINALLY, after such a long wait - 2003 was HORRIBLE for anyone going through NSC, let me tell you) they all came by to pet my service dog and say they'd miss me travelling back and forth.

I guess my POE experience is a little weirder than most The guy who did the POE K1 entry stuff was a two finger typist, and took FOREVER to get my stuff inputted... and they stalled my flight as long as they could, then he sent me on saying "I'll get this finished up, don't need you for the rest, go! GOOOO! Get married!"

Hee.

BTW - the Montreal staff was really quite nice when I went for my interview

Bob

It's not illegal, but as you said, bringing proof that you don't intend to stay on this visit is important because burden of proof is on you to convince the officer at POE, letter from employer, rental lease agreement, that sort of thing would be a good thing to have.

[email protected]

Thanks for the input! Did you consider continuing with the CR-1 Visa
(pre-green card) as opposed to the AOS from the US side? If so, why
did you choose the AOS over the CR-1 Visa option. I am unclear about
which is the best way to go. Sean.

Hypertweeky

Hey Sean:
My advice to you is to bring proof that you are going to come back to your country after your visit such as a lease, mortgage reflecting your address, bills, car insurance, car payment, if employed; a letter from your boss stating you are expected to come back at a certain date, the kitchen sink is a good idea too, you might not need it but then again you might, better to have it and not need it than need it and not have it.
Good Luck, I am a former K3'er! soon to be LPR

[email protected]

Another question....do I have to tell the border patrol my story? Can
I say that I am visiting, and only answer more fully based on his/her
questions? In other words, is it my responsibility to fill this person
in on the K3 process and my marriage, or do I just wait for the
questions that are asked. I have absolutely no intention on telling
any sort of a lie...I want to be 100% honest, but also would like to
cross the border. I plan on returning from that trip to complete my K3
process. Sean.

ian-mstm

Never volunteer information and answer only the questions asked. If the guy asks, "Do you know what time it is?", the only correct answer is "yes" or "no".

Ian

Capt. Tuttle

[email protected] wrote:

    > Another question....do I have to tell the border patrol my story? Can
    > I say that I am visiting, and only answer more fully based on his/her
    > questions? In other words, is it my responsibility to fill this person
    > in on the K3 process and my marriage, or do I just wait for the
    > questions that are asked. I have absolutely no intention on telling
    > any sort of a lie...I want to be 100% honest, but also would like to
    > cross the border. I plan on returning from that trip to complete my K3
    > process. Sean.
    >

I once asked Mr. F. if I could use this with his permission. I never got
his permission, but will paste it anyway. It is the best advice I have
seen for ANY interview. Thanks Mr. F.

"Every interview is different. It is normal to be nervous -- the
examiners see nervous people all the time, so there is nothing wrong
about that.

I give my clients three ironclad rules to follow -- this makes your job
easier, the examiner's job easier, and protects you from potentially
from doing harm to yourself.

1. Tell the truth, its easier to remember. Ancillary: Don't guess.
"I don't know" or "I don't remember" are fine if they are the truth.

2. Understand the question being asked. If you don't understand, then
you are guessing and violating rule #1. It is OK to say "I don't
understand" "What?" "Can you repeat that" or even "huh??". The
question will be rephrased.

3. Answer ONLY the question asked and nothing more. This rule is the
hardest one to follow. You don't have to explain your answers
unless asked. Example: Q: "Do you know what time it is?" The
only correct answers are either "yes" or "no" -- if you say "8:30",
you've given more than asked for [I know that the question actually
is a polite way of asking "what time is it?", but I'm using it to
make a point].

Don't try to get into the DAO's head or figure out WHY she is asking a
particular question -- you don't have the time or training for that.
Just follow the above three rules."
Mr. F. 9/24/2005

Hypertweeky

That's great advice!!

Folinskyinla

Hi:

I agree; it is good advice.

[email protected]

The problem, is that we have a 30 foot horse trailer, with horses and
personal belongings. We cannot leave this behind in Canada, but it
would be cheaper and better for the horses to get home to TX. If we
attempted to cross the border together, it would appear to be a move,
when in fact it is just a trip, as part of a move. Is there any chance
that the border patrol will be trusting enough to believe that I am
coming back to Canada to complete my K3, or will they just turn us
around. Any thoughts? Sean.

Noorah101

Sure, there's probably a chance you could find a border patrol that will trust you. There's also a chance you won't find one like that. Bring plenty of proof of your ties to Canada.

Best Wishes,
Rene

ian-mstm

I have a thought! I think it might have been a good idea to mention this initially rather than have us waste our time giving you information you're not likely to use because... wait for it... you'll be hauling a horse trailer! I'm sure it's better for the horses to get home to Texas, but this isn't about them... it's about you trying to enter the US. It may be "cheaper and better" for the horses, but perhaps you should consider the "more expensive and easier" route for them. The border guards are under no obligation whatsoever to allow you to either enter the US or allow horses across the border! While I'm on about it, you specifically say, "... a trip as part of a move". Well, a move is a move is a move. A visit is a visit. Try not to confuse the two!

Ian

Matthew Udall

And at least he asked before republishing it (even though he never received permission). That's more than most would do :-).

Matthew Udall

Leave the non-USC spouse in Canada, and the problem is solved (well, maybe as I don’t know anything about the requirements to bring horses to the U.S.). You don't need a Canadian to help unload the trailer. You can find that type of help in almost any U.S. town or city (maybe even more so in Texas).