May I enter/exit the US while waiting for consular processing?

minshullm

New Member
I am a Canadian citizen who has been living and working in the US on an O1 visa for 2 years. I met and am engaged to an American citizen. I just was laid off from my job this week and as a result have lost my O1 visa. We were planning on me being able to apply for a change of status from O1 to green card but that cannot happen. Therefore, we are getting married ASAP and applying for my green card. We could afford for me not to work while the application goes through BUT it will destroy our savings. I'm hoping to avoid that.

I can obtain a job in Canada where I work 3 weeks and have 1 week off, during which i could visit my wife in the US. If I apply for consular processing and go back to Canada to work while waiting for the green card, may I enter and exit the US during that time to visit my wife? Do I need to submit any other forms to do so? Is there a limit on how many times I can visit? Should I be in the US or in Canada when I apply for consular processing?

Any advice you might have on other possible situations would be helpful as well! Both to avoid financial hardship as well as time away from my wife.
 
If you get married in the US and the I-130 is filed while you're still in the US and you return to Canada promptly, you shouldn't have much of a problem visiting the US during the green card process, because if they question you about being married to a US citizen you'll be able to point out that you already were inside the US with a pending I-130 but you still returned to Canada.
 
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Another scenario

If you get married in the US and the I-130 is filed while you're still in the US and you return to Canada promptly, you shouldn't have much of a problem visiting the US during the green card process, because if they question you about being married to a US citizen you'll be able to point out that you already were inside the US with a pending I-130 but you still returned to Canada.

What about this scenario?

Marriage March 2013
Returned to home country April 2013
I-130 to be filed July 2013 (what is it currently, about 6 months before the petition would be granted?)

Can I travel to the US (say in October 2013) under the Visa Waiver Program before the petition is granted? *IF* I were to have trouble at the border with USCIS, and be denied access, would that totally kill my chances of the CR-1?

If they were questioning at the border, is it helpful to say that there is an I-130 pending, and there is no way in heck I'm going to screw it up by trying to stay in the US?

Or should I just be "visiting friends" and hope that no questions arise?

Sukie
 
What about this scenario?

Marriage March 2013
Returned to home country April 2013
I-130 to be filed July 2013 (what is it currently, about 6 months before the petition would be granted?)

Can I travel to the US (say in October 2013) under the Visa Waiver Program before the petition is granted? *IF* I were to have trouble at the border with USCIS, and be denied access, would that totally kill my chances of the CR-1?
If denied because they suspect you're going to immigrate, it definitely won't hurt your chances of getting the CR1 visa. After all, the purpose of the CR1 is to let you immigrate.

If they were questioning at the border, is it helpful to say that there is an I-130 pending, and there is no way in heck I'm going to screw it up by trying to stay in the US?
No, because if they let you into the US, you could try to stay in the US to file for adjustment of status.

Or should I just be "visiting friends" and hope that no questions arise?
If they know that you're married to a US citizen who lives in the US, they'll probably think you're lying about "visiting friends".
 
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