I am an american can my canadian husband visit the usa while his ir-1 visa is pending?

Question

I am an american can my canadian husband visit the usa while his ir-1 visa is pending?

Answer 1

The restrictions for canadians visting the US is a lot lighter than most countries because of the Western Hemisphere Travel Initiative.

If you are traveling by air, you have to have a passport and proof of identity and residence.

If you are traveling by land, you only have to have proof of identity and residence.

Check out this website for further information.

http://www.dhs.gov/xtrvlsec/crossingbord...

Answer 2

Maybe yes, maybe no. Your husband would have to convince the inspecting officer that he had compelling reason to return to Canada and not stay in the U.S. He would have to show that his trip was temporary in its nature.

If he had a job and residence to return to, that would help. If he had things going on in his life that called for his return to Canada, that would help.

If he looked like he was trying to jump the gun and move into the U.S. in advance of the issuance of the immigrant visa, that would not help. For example, if he has a visa appointment on Sept 8th, and he wants to stay in the U.S. until Sept 7th, I don't like his chances.