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After you get the GC, can you visit as a tourist?

Did you ever consider simply asking this question during your visa interview? It will probably get cleared up in a matter of seconds.
 
BigJoe5 said:
Did you ever consider simply asking this question during your visa interview? It will probably get cleared up in a matter of seconds.
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We plan on going to US to activate our greencards then come back straight away for up to 6 months while we sort out all our personal things. That's the easiest thing to do and many people do it. I already have a SSN, US bank accounts and US drivers license so it should be a non-issue at the POE.
 
I have been in this exact position. I had my DV approved in Montreal, and then a few weeks afterwards I wanted to make a short visit to the US, without actually intending to immigrate on that occasion. I travelled by car from BC to WA, where I expected to have my green card processed at the border. The border official became extremely upset and agitated at my assumption, and casually accused me of fraud, suggesting that I was trying to get LPR status before migrating in order to start the clock on the 5 year path to get citizenship. It was a dreadful experience, but in hindsight predictable since it was a fairly remote crossing where nothing happens except a few Canadians driving through to buy some cheap gas and liquor.

He ended up making me go through the border on the VWP for which I had to pay $6. I was worried this would cause chaos for when I actually migrated, but the USCIS official who ended up processing me when I migrated didn't even mention the strange incident that I'd been issued a tourist visa despite having a DV visa in my passport which predated it.

My advice is be totally forthright and leave the decision up to the individual officer (who may act differently to who I dealt with) and expect either scenario. If you say you are immigrating. but it's clear that you're only bringing in weekend luggage, it will look suspicious. That's what the border official told me in Washington State, who noticed that there wasn't any luggage in my car.
 
John Locke said:
I have been in this exact position. I had my DV approved in Montreal, and then a few weeks afterwards I wanted to make a short visit to the US, without actually intending to immigrate on that occasion. I travelled by car from BC to WA, where I expected to have my green card processed at the border. The border official became extremely upset and agitated at my assumption, and casually accused me of fraud, suggesting that I was trying to get LPR status before migrating in order to start the clock on the 5 year path to get citizenship. It was a dreadful experience, but in hindsight predictable since it was a fairly remote crossing where nothing happens except a few Canadians driving through to buy some cheap gas and liquor.

He ended up making me go through the border on the VWP for which I had to pay $6. I was worried this would cause chaos for when I actually migrated, but the USCIS official who ended up processing me when I migrated didn't even mention the strange incident that I'd been issued a tourist visa despite having a DV visa in my passport which predated it.

My advice is be totally forthright and leave the decision up to the individual officer (who may act differently to who I dealt with) and expect either scenario. If you say you are immigrating. but it's clear that you're only bringing in weekend luggage, it will look suspicious. That's what the border official told me in Washington State, who noticed that there wasn't any luggage in my car.
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Hi John,

What did you tell the border officer your intent was in entering the US?

Thanks.
 
tevolo said:
Hi John,

What did you tell the border officer your intent was in entering the US?

Thanks.
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I was totally honest. When I pulled up to the booth I said I was going skiing for the day and then returning to Canada, but that I also had a DV visa which I thought would be activated when I entered. I left the decision entirely up to him whether to issue me the DV or a VWP visa but it still caused a major incident. Anyway, I still had a great day skiing!
 
John Locke said:
I was totally honest. When I pulled up to the booth I said I was going skiing for the day and then returning to Canada, but that I also had a DV visa which I thought would be activated when I entered. I left the decision entirely up to him whether to issue me the DV or a VWP visa but it still caused a major incident. Anyway, I still had a great day skiing!
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Did you get the DV activated on that day? I wonder how the officer would have reacted if you said you were there specifically to activate your DV.
 
In light of what John Locke posted, it looks like raevsky's suggestion might be a good idea. I find it strange that someone with a valid immigrant visa could be let into the US as a visitor, but I guess if it's not done at an airport and the lack of luggage is evident, it might pose a problem. Good luck, josh000.
 
VWP
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Canadien citizens do not use VWP. VWP is for citizens of 36 countries only, and Canada is not one of those.
They have much in common: no visa is needed to enter in B-1 or B-2 status.
Key differences:
-VWP allows entry up to 90 days, Canadiens could enter for the period up to 180 days.
-VWP does not allow change of status in the US while Canadiens do not have those limitations.
-Too frequent and lengthy stay on VWP will most likely lead to denial of the next entry; much less common for Canadiens but still possible
 
Well thanks guys. Guess I will see what the immigration official says on the day.

I don't really have a lot of luggage anyone, just one small bag as I plan to buy new stuff when I arrive. Will have to see how it goes down.

raevsky said:
Canadien citizens do not use VWP. VWP is for citizens of 36 countries only, and Canada is not one of those.
They have much in common: no visa is needed to enter in B-1 or B-2 status.
Key differences:
-VWP allows entry up to 90 days, Canadiens could enter for the period up to 180 days.
-VWP does not allow change of status in the US while Canadiens do not have those limitations.
-Too frequent and lengthy stay on VWP will most likely lead to denial of the next entry; much less common for Canadiens but still possible
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Ahh, but I'm not Canadian, but Australian. The only way I can enter the US is with the VWP or some other Visa, which I don't have.
 
raevsky said:
I do not see any negative consequences entering temporarily before entering on an immigrant visa. However, I see some very serious negative consequences entering on an immigrant visa without telling the officer at the border about the true nature of your trip. That is why I would first ask for a nonimmigrant status, describing the true nature of your trip, and only when being denied (unlikely) an entry because of lack of non-immigrant intent would use an immigrant visa. You have to disclose the true nature of your trip to the immigration official, after all.
Let him decide whether your trip is of non-immigrant nature or of an immigrant nature. Use the status he determines appropriate. Provide him with full information he needs (and asks for) to make the right decision in order not to be blamed later in willfull misrepresentation of an immigraion officer.
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I am not sure where the adamant expectation of immigrating on your first trip is coming from.

If asked, being forthright can simply mean spelling out you are activating the visa within the requisite time period before returning to 'someplace' for a short time to tie up some loose ends (jobs, home sales etc). Returning to live shortly after that. I took this approach myself.
This is one area where i think immigration is more likely to be reasonable.

I was never asked about my intent, if i was, this was my intentions set plainly.
At least i am confirming my intent to immigrate

I don't think anyone here is suggesting hiding the truth if asked.

Personally, i think your approach above assumes a lot of: (1) patience (2) understanding (3) knowledge.
This isn't a formula i would be subscribing to when dealing with immigration officials.

But hey, i speak from my experience and could be wrong.

AJK
 
Ahh, but I'm not Canadian, but Australian. The only way I can enter the US is with the VWP or some other Visa, which I don't have.
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Are you a Candien Permanent Resident? If not, and if you do not spend much time in Australia, you might be denied entry on VWP. In order to qualify under VWP you need to spend much time in the country of your permanent residence.
 
(1) patience (2) understanding (3) knowledge.
This isn't a formula i would be subscribing to when dealing with immigration officials
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Mistakes happen. But if you have the knowledge and are ready to share it with them, they will give you a chance to talk and they will listen vey seriously. That is for sure.
 
Well, we've put our two cents in, and it's up to the OP now to decide what to do.

One thing about the VWP- you cannot extend your trip once you enter using it, nor can you adjust to most statuses, but you CAN adjust status if you marry a US citizen, or apply for asylum.
 
raevsky said:
Are you a Candien Permanent Resident? If not, and if you do not spend much time in Australia, you might be denied entry on VWP. In order to qualify under VWP you need to spend much time in the country of your permanent residence.
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Nope, not a canadian PR. Just here on a working holiday visa, and had no problems using the VWP so long as I meet the requirement of having left north america in order to be eligible if I stayed in NA for 3 months or more.

Based on what people have said it looks like activating my immigrant visa makes the most sense. Once I have it I shouldn't have any problem coming back in 2 weeks later more permanently.
 
So, you are Australian and currently in Canada? And will be processing for an Immigrant Visa in Canada? But not a PR in Canada? You will be interviewed for IV in June then make a short business trip to U.S. in July?

Have you considered that you have to hand over your passport for the IV to be produced and placed inside and that you will not have your passport for a period of time? This is something that you may wish to bring to the attention of the Consular Officer because as an Australian you would need your passport to enter the U.S. regardless of using the VWP or activating your IV. No passport in hand = No entry to the U.S.

Logistics can be a pain in the butt!
 
BigJoe5 said:
So, you are Australian and currently in Canada? And will be processing for an Immigrant Visa in Canada? But not a PR in Canada? You will be interviewed for IV in June then make a short business trip to U.S. in July?
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Precisely. Sounds odd when said like that, but yes that's it.

Have you considered that you have to hand over your passport for the IV to be produced and placed inside and that you will not have your passport for a period of time? This is something that you may wish to bring to the attention of the Consular Officer because as an Australian you would need your passport to enter the U.S. regardless of using the VWP or activating your IV. No passport in hand = No entry to the U.S.

Logistics can be a pain in the butt!
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Well, From the date of my interview to when I would go to NYC is over 5, almost six weeks. I can't imagine it would take that long, but if it does then I won't go on my trip. No big issue for me really, if I can't I can't.
 
Activate my DV based GC upon first entry into US; and then tour Canada/Niagara falls for 1-2 days?

Hi to all

Nice to find a thread where I can share similar queries. So informative . Good luck to y all & God bless


My question : I want activate my DV based GC ( I-551 stamped in passport), along with wife and child(beneficiaries) upon our first entry into US ( first time traveller to US), then plan to tour NY for 5 days thereafter vist/tour "Canadian side of Niagara falls" for maximum of 1 to 2 days (not anywhere-else) ? Is this possible without taking a Canadian tourist visa; as i understand that GC/ LPR residents do not need a visa ( I am a Indian national) . I heard that it should not be a problem but read somewhere that re-entering the US can/may be a hassle/problem, which I want to avoid.

I will be in the US only for three weeks( just to get my SSN, drivers licence, bank deposit etc done/received ; but hope to receive my GC through courier to my current international/work address; forwarded from my given US local address) ; before I wrap up things in my work country and then make a permanent move in less than six months. :eek:


Thinking of taking this Canadian tour risk; as I am there only for one-two days. Any one have similar experiences
or aware if this is perfectly ok ? :confused:

The alternate of taking a Canadian visa is too risky for me as they require me/family to send our passports via courier to a third country canadian consulate for a visa stamp; and I need to travel to US in a few weeks.
Cant risk the remote possibility getting my passports lost in courier or processing; before I travel. :mad:

Love to all.
 
If you got your passport with immigrant visa then you can go with your dreams. There is no problem in that, but it's better to make your trip as short. There is a time period, so within that limit you need to come back.
 
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