Can a Canadian citizen stay longer than 6 months in the US on a B2 visa while their CR1 visa is being processed?

Question from nicky, Can a Canadian citizen stay longer than 6 months in the US on a B2 visa while their CR1 visa is being processed?

Answer from AI:

It is important to understand that the B2 visitor visa and the CR1 spousal visa are two separate types of visas with different purposes and requirements. While it may be possible for a Canadian citizen to stay in the US on a B2 visa while their CR1 visa is being processed, there are certain factors and risks to consider.

B2 Visitor Visa

The B2 visitor visa is a non-immigrant visa that allows individuals to enter the United States temporarily for tourism, visiting friends or relatives, or medical treatment. Generally, Canadian citizens are allowed to stay in the US for up to six months on a B2 visa. However, the actual duration of stay is determined by the US Customs and Border Protection (CBP) officer at the port of entry.

CR1 Spousal Visa

The CR1 visa is an immigrant visa for spouses of US citizens or permanent residents. It allows the foreign spouse to enter the US and obtain permanent residency (a green card). The processing time for a CR1 visa can vary, but it typically takes several months to over a year.

Staying in the US on a B2 Visa While CR1 is Being Processed

While it is not illegal to be in the US on a B2 visa while a CR1 visa application is pending, there are potential risks and complications:

1. Intent: The B2 visa is for temporary visits, and applicants must demonstrate their intent to return to their home country after their visit. If the CBP officer believes that the applicant intends to stay in the US permanently, they may deny entry or shorten the duration of stay.
2. Overstaying: If a Canadian citizen stays in the US longer than the authorized period on their B2 visa, they may be considered “out of status” and could face consequences, such as being barred from re-entering the US or having their CR1 visa application denied.
3. Adjustment of Status: In some cases, individuals in the US on a non-immigrant visa may be eligible to adjust their status to permanent residency without leaving the country. However, this process is complex and may not be available to everyone. Consulting with an immigration attorney is recommended.

Recommendations

If a Canadian citizen wishes to stay in the US while their CR1 visa is being processed, they should:

• Consult with an immigration attorney for personalized advice and guidance.
• Ensure they maintain their non-immigrant status by not overstaying the authorized period on their B2 visa.
• Consider applying for an extension of their B2 visa if necessary, keeping in mind that approval is not guaranteed.

In conclusion, while it may be possible for a Canadian citizen to stay in the US on a B2 visa while their CR1 visa is being processed, it is essential to understand the risks and requirements involved. Consulting with an immigration attorney is highly recommended for personalized advice and guidance.