David Michael

I am Canadian woman who married here in the USA to an American man
while visiting. I am returning to Canada to arrange all my personal
business which will take a year for me to do it. My question is this ,
can i return back to the U.S.A for a visit this summer without staying?
Upon my return back to canada after my visit the second time, my husband
will then begin to file an l-130 form to get his spouse back into the
u.s.a for good.Can i return just for a VISIT and everything will be
fine, without causing any troubles.? Your help in this matter is much
appreciated.

Jancunuck

I am in the same situation as you and the short answer is - it depends on the agent. I personally have had only minor issues with visiting my husband over the past 2 years - several visits. Others from Canada have had problems and even been denied. The issue is you are viewed as an intended immigrant. It is up to you to demonstrate you are just visiting and will return to Canada. It is important to carry documentation on your ties to Canada (employment letter, rent obligation etc). The fact that you have not yet filed the 1-130 is a plus for you (and me) as you have not officially demonstrated your intent to immigrate.

I have had minor problems twice. The first was when I told the agent I was visiting "friends". I had been told by our council not to advertise I was visiting my husband. The agent probed deeper and I was sent to a second area for further questioning. This time I truthfully said I was visiting my husband and was lucky to have a nice agent. It could have gone the other way. Morale - be honest! I have not since had any problem saying I am visiting my husband.

The second time I was travelling with my husband by car. The car was searched looking for possible housegoods or evidence I may be moving - nice, professional agents doing their job.

Hope this helps. Unfortunately, entering the US is a priviledge and not a right. The agent has full descretion on allowing your entry so there is no guarantee.

DustyTraveller

Same thing for me, only we're not 'legally' married yet. We had a religious ceremony in India for the sake of propriety (his parents wanted our relationship to be publicly acknowledged to preserve our reputations) but because we applied for the fiancee visa, we didn't register our marriage. It's taking a long time, and I really wanted my fiancee to spend the holidays with my family in the US, so I'm looking in to visitors visas. What problems might we face? We're not planning on living in the US permanently, this is only for a visit. I know they're suspicious of people trying to sneak into the US and stay, but that's not our plan at all. How can we avoid even appearing false.

My real hope is to have him here by Thanksgiving, as I'm from a big family and several siblings have gotten married this year and last, and this will be the first holiday that we ALL meet each others' spouses and family. I want more than anything to have my sweetheart here so my family can meet him! Am I shooting for the impossible?

Susie

I visited back and forth from Calgary to Nashville many times from the time we filed our I-130 (Sep 2002) until I received my K3 visa (Feb 2003) I was honest everytime and always had documentation proving I had ties to Canada (letter from my boss, rental lease on my apt, etc) although they never once asked me to show these papers. I travelled through airports and border crossings. Just be honest and have lots of documentation and a nice pleasant confident attitude. Don't be nervous. As long as you are honest and intend on coming back - you shouldn't have too much trouble, hopefully... but like the previous person said... it's completely up to the agent you happen to get at customs.

Susie

Jancunuck

I think the situation may be a little different for Canadian citizens who generally travel visa exempt to the US for a visit. We still are at the mercy of the agents but, I believe, we generally have an easier time than people from other countries and are not required to first apply for a visa (for a visit)

Reuben

My wife Patricia just visited me from Argentina, without any problems at
immigrations (and she just returned too :-( ).
This is while waiting for a K3 visa (which by the way seems to be taking
forever, NOA1 was 8/19, NOA2 hopefully tomorrow :-) ).
We did have some concerns about whether they'd had tough questions at
immigrations, but in fact the officer at the airport (this time it was
Dulles) never asked her any personal questions.
Patricia was prepared with answers in case they did, though. In particular,
she had been several times in the US (before we got married) and she never
overstayed.
Also, we married here in the US back in July and she dutifully returned to
Argentina to wait for the K3.
On top of everything else she has a great smile and that might help too

I know it is slightly different in your case, as you don't need a visitors
visa to enter, but I don't see why can't you visit - married or not.

BTW our lawyer advised us against entering with a visitors visa while the K3
petition is under process, but, well, love was stronger...

Hope it helps.
Reuben