Min Kim
Sep 29, 2021
Can I enter the US with no visa for pleasure (Canadian) while my I-129 is pending?
I applied for P2 visa for Canadian musicians in July.
It used to take 45-60 days but my case is still stuck at case is received.
I had a plan to fly out on Oct 5 to US from Canada to attend my boyfriend's brother's wedding on the 9th and start work after. But can I still fly out on the 5th and say I am visiting to attend my bf brother's wedding with no visa (no tourism visa needed for Canadians) while my P2 visa (i-129) is pending?
I won't start my work until it is processed and will have to come back to Canada and re-enter the US when the visa is approved.
I was just wondering if it would be a problem with the border officer or with my visa process if I am in the US.
P
Athletes, artists, and entertainers
Total Days: 128 days
Case
2021-07-19
2021-11-24
I-129
128 Days
Vermont Service Center: I-129
Timeline Map
2021-07-19
I-129
Submission to USCIS
2021-11-24
I-129
D+128
Decision (Approval or Denial)
This timeline was created with the Lawfully App. Download the Lawfully App now.
ADVERTISEMENT
Waiting PatientlySep 29, 2021
I don’t see why that’s an issue. I’m from Canada and you can stay in the US 6 months out the year for pleasure. Be sure to bring the invitation with you and perhaps a booking at a salon for ur hair/makeup for the wedding. If the officer brings it up just tell him the truth. I’m from Vancouver and we got married in NY, just did a change of status while in NY and even during that time say my paperwork took over 6 months… I would have still been under status due to pending paperwork.
Andrew S.Sep 29, 2021
So, short version is yes, it could be a problem, but you can *probably* get by without too much difficulty.
When you enter the United States, the CBP officer will be able to see your pending visa application. The key then is to demonstrate nonimmigrant intent, i.e., that you intend to return to Canada at the end of your trip. The officer could also be worried about you performing now without the visa. All you can do is show proof that you're going back to the great white north, e.g., lease agreements, presence of family, a job that's waiting for you, etc. But really, as long as you present yourself well, you shouldn't expect much difficulty, other than maybe being stuck at immigration for a while. Good luck!
Waiting PatientlySep 29, 2021
also sorry I should mention you can call border patrol from Canada and ask them directly. I’m sorry I don’t have the # directly atm but I had a car bought and registered in Canada and needed it registered in the US. I had to prove when it was brought over the border etc and they were super helpful. This was about 3 years ago
Jesse PSep 29, 2021
I’m in a similar boat - waiting on green card approval and frequently flying from Toronto to the US to see my wife.
Our lawyers advised us that the key is to do travel from an airport that has pre-clearance, and not from a land crossing or an airport that would require you to go through Immigration stateside after landing. That way, the worst that can happen is that you just withdraw your intent to enter the United States and go home, if the CBP officers don’t believe you. If you ran into trouble *after* landing in the United States and trying to go through immigration there, you could face denial of entry or arrest.
w LSep 29, 2021
so your all saying I could go to the US to visit my fiance through a land border, and they might let across. my i 129f has been approved already. i would just have to show them my paperwork so far?? someone please advise. thanks
Andrew S.Sep 29, 2021
Yes, that's the gist of it. So long as you can show evidence that you're not going to overstay you'll more than likely be fine.
Jesse PSep 29, 2021
^^ That’s right, if you can show paperwork that your application is processing, proof of return travel, and have evidence (usually bank statements, utility bills, a lease or a mortgage) that you maintain ties to Canada (or your home country), you PROBABLY won’t encounter any issues. BUT the SAFEST way to do this is to not travel across a land border or through an airport that doesn’t have preclearance, since then you would already be on American soil when going through Immigration, and you risk denial of entry, deportation, or arrest.
w LSep 29, 2021
yikes. that would be serious.
Andrew S.Sep 29, 2021
Fortunately Canada is full of airports with preclearance. Includes Toronto Pearson, Calgary, Montreal, Edmonton, plus a couple others.
w LSep 29, 2021
yes but i was looking to cross a land border. a lot cheapet
w LSep 29, 2021
cheaper
Min KimSep 29, 2021
Thanks so much everyone!!! I am flying out from vancouver so I think I will go through preclearance. i'll also book my flight back to Canada on Oct 18 so i'll show that as evidence as well. 🙏🏻
Andrew S.Sep 29, 2021
In the end that's up to you. Jesse was right in saying that preclearance is the safer option, but if the increased cost of air travel isn't worth the mitigated risk to you, go with the land option. As mentioned, you'd likely be fine going that route so long as you can present proper evidence, but just know that it's never a sure thing.
