I can't find anything as specific as this, so apologies if I am repeating and THANK you in advance for any advice!

My partner and I have still not decided what type of visa to apply for - we are looking at all three options.

I live in BC and am self employed. I am coming up on a slow period for my type of work, and had planned on spending the winter in Colorado, skiing and flying back home if contracts pop up. And, of course, hanging out with my boy, who lives in Boulder! I know that as Canadians we are allowed to be in the US for 180 days at a time, although I am unclear as to whether that is within a calendar year, within a 12 month period, or just consecutively (i.e.it is reset after you leave).

Sooo, we have just become engaged, and I still very much want to carry out this plan. I have rented my house for 6 months starting Dec. 1. The next contract I have booked is not until May or June. I have other work that I can just do on my computer from anywhere.

We could apply for K1 now, and I could leave on my trip (driving across at Baine WA down to Boulder). I have a permanent address here and very helpful parents who would assist me with mailing things, etc.

I have read everybody's accounts of trouble/no trouble at the border, and I know I will get major hassle if I tell them I am awaiting the K1 and how long I am planning on staying for. In effect, I would probably have to come back up before 6 months because I would have interviews and paperwork to attend to, but I would still be going for a long time. I have enough money in my bank account to support myself for that length of stay, I have a mortgage, phone bills, etc, I can have a letter from employers about short contracts I have in the spring. I also have a signed 6 month lease agreement with my tenants. I definitely want to be honest at the border, just worried that I will get a big fat "no".

The problem with this option is that once I DO get my K1, I will have to wait approx 3 months to get my AP, which I don't like the idea of - I do want to be able to come back up here to re-rent my place, do the odd lucrative contract, etc.

So, I could go down to the States, marry my boy, come back up here and then still embark on my trip. I just wonder if they would be even MORE strict at the border if I was awaiting a K3. Originally I had thought of marrying him when I got down there and then just staying for the rest of my trip (not coming back right away), having my parents file my paperwork for me, but I can see now that would be a BAD and illegal idea.

I have thought of the CRI but I think, with the added cost of a trip to Montreal, it would actually work out at a similar cost to the K3 and would take longer. I can handle the added paperwork and inability to work in the US for a few months if I can still make it up to Canada to take on short term contracts. Plus I can do work on my computer from anywhere.

So, sorry for the length of all this, I guess what my question boils down to is:

What do people think of the attempted 5/6 month ski trip in light of the pending visa application?
If I get denied one day at the border, can I come back and try again on a few days?
If I have been in the states for quick visits over the last year and then stayed one trip for the entire 180 days, would I be considerd to have overstayed?
Visa recommendations?

Sorry this is so long and that I probably sound spoiled rotten - I know many couples are in very difficult situations, and mine really isn't. I just would love to be able to take advantage of the flexibility I have in my life and my job to have a fun winter, get my paperwork done, and spend more time with my boy:)

THANKS!

Well once you marry him, then you will have to file AOS and wait for AP or else you won't get back into the US if you leave. One option is trying to get a B2 visitor visa. Since you still have your house that shows ties to Canada which they'll definatly want. They will be asking where you're going, who you're seeing, how will you support yourself etc, so they may grill you quite a bit at the border.

You may be able to get the B2 from an embasy there easier and then you might not have as many questions asked of you once you do cross.

If you get denied at the border the first time you will be flagged. Any other repeated attempts will risk getting a 3-10 year ban from entering the US. You do not want to border shop when you are denied, you need to fix the problem and then reapply for the visa after making the neccessary corrections. They should tell you why they are denying your B2.

Just look into the B2 and see if that seems to be something you can get as I don't know all the specifics...

Actually Canadian Citizens are ineligible for B2 visas due to their special treaty status as the only class of people who are prmitted to enter the US without a visa. The good part about that is Canadians can try all they want to attempt to make entries to the US without penalty (cancelation of visa or VWP privileges)...

All you can do is make your case at the POE and see what they say...

Thanks Both!

Yes, I have done a little more reading. Canadians are not really eligible for visitor visas, AND there don't seem to be hard and fast rules dictating how long you can stay as a visitor either - it is pretty much the discretion of the officer you deal with at the border...you just have to show sufficient ties to home. Plus, any longer than 6 mos. and I think you lose out on your Canadian healthcare. I think, anyway. But I don't think I'll be overstaying, as there is no visa to "overstay".

I guess, regardless of which visa I elect to pursue, when it comes to crossing for this extended trip, I will just have to come ultra prepared, try my luck and not be too upset if it doesn't work out.

Still not positive if I should volunteer the information that I am engaged, or wait and see if they ask.

Still not positive if I should volunteer the information that I am engaged, or wait and see if they ask.
[/quote]


Answer only what they ask!!! Always tell truth!!! But dont blab away!! Be confident in ur responses. Short and sweet!! Dont pack tons of luggage!! No job resumes in case they inspect ur luggage! (just keep a copy on ur hotmaill acct!) Most importantly, never lie!!

I hate to sort of throw a ratchet in the spokes but any Canadian visiting the US is stamped with a B-2, even though w are VWP'd. I have about 5 B-2s. It's a standard protocol now.

Really? The only B2 I received while visiting Bee was from JFK - other passport stamps I received (if any) didn't have that specific notation. Whether it was out of laziness on the officer's part, I'm not sure.

I entered from 2 ports. 1 YVR airport, 2 peacearch border crossing. Each time I got a stamp, from different officers at very different times. It could be that only BC/WA ports force this, so I shouldn't broaden my assumption to every port. But in my experience I was not simply let in VWP (as I should be) I was stamped and dated.

I just find it hilarious that we've been through the same ports (YVR and Peace Arch) and I've only been stamped three out of eight or nine times. I must've hit a lot of lazy officers

Maybe you look suspicious with those teeth and that hat....?

Yikes! It sounds like it. Hm did you perhaps have one of those... 'low cut shirts'? I'm a clean cut white boy so I never have ANY kind of problems at all, so that's why I sort of figured it must have been protocol.

Forget my rants folks, sounds conditional as usual. Sigh. *mumbles about inconsistencies*

Very interesting. I have crossed at detroit about 15 times and a few times at pearson and never been stamped. the only time i was staped was comming from cruise to the carribean. i was stampedat the port of miami.

I left all my low-cut shirts at home. Maybe it was the big glasses

?!?! Now you've got me flipping through my passport checking for stamps!!

Well my passport is clean, no stamps at all throughout my six trips back and forth. Perhaps Bradcanuck needs to try out the low cut shirts next time he crosses the border

Ha! Okay, so I'll pack light and wear a low cut top?? AND big glasses?? Not exactly ski wear (supposed to be going on a ski trip, remember?), but whatever works!! I always get stamped when I fly out of YVR - it is just an oval stamp that says "admitted vcv". But I have driven across many times at Peace Arch and Pacific crossing and never been stamped.

Maybe, since I know I'll have to come back to complete some paperwork anyway, I'll mention 2 or three months rather than 5 or 6. Then I'll go down again and continue my trip.

I will make sure I don't bring resumes flames 9 - am am absolutely NOT planning on working while I am there - just skiing and hanging out and working on my computer, so I don't have to worry about that.

The more I think about this, the more I am leaning towards the K1 - We can apply for it right this second, which would cut our time down considerably, because the soonest I can see that we could get married and applying for K3 would be 2 months from now. So we could be 2 months ahead. And, once I get the visa and enter the states on it and get married (the same day!!) it is about 3 months for AP (does that sound right? Can I apply for that at the same time as AOS and EAD? So, three months not being able to leave is not so terrible.

I got stamped maybe 2-3 times and it was always at the airport. Never when I crossed by land (several times.) And is it really an official B-2? I've wondered about that. Oh yeah, and one time, the airport customs guy stamped my boarding pass, not my passport. I've wondered about that too. lol

They rarely stamped my passport!!

Yep, I believe you can file the EAD and AP forms at the same time as AOS and the only fee you pay is for AOS (according to the USCIS website). Good luck!

Sounds like you've worked out the visitor stuff, good job & thanks fellow VJers, LOL. We filed K1 for the same reason (told it was quicker). If you don't mind waiting for the Visa to get married, it's a good way to go. And yes to your question: you can file the AOS, AP and EAD docs together just as soon as you get your marriage certificate!

As far as working your Canadian contract jobs while you're in the US, I wouldn't mention that to CBP either. If you are on US soil and working you are required to have a US work permit. Even if you are working for Canadians in Canada and telecommuting. So if you can at all help it, Do Not take anything related to your work with you. No business cards, no files, nothing. A laptop can be rationalised, lots of people take them on vacation, but anything else that looks like work may get you denied.

Just a point of clarification, Canada isn't a part of the VWP. There's a separate treaty that I don't recall the name of right now that allows Canada trips without visas. I cross nearly every day (granted I'm the American) and have never been stamped, but have been given a Visitor's Record once.



AOS, EAD, and AP can, and should be, filed at the same time. I believe the wait time had been about three months, but I'm hoping it's gone down with the increase in the rates. None of the recent approvals around here have responded back on that, yet, though, and I'm to afraid to venture out of the Canada forum.

Oh, and technically I do believe the length of time is six months in any twelve month period of time. So various short trips in the previous year would technically count against the length of your long trip.

B2 visitor visas are what many Canadians get while in the US after their TN expires or their job gets terminated to remain in the US to wrap up things before heading back to Canada. May others use the B2 to visit family for exented periods and many of the Snow Birds use the B2 to stay in Florida for up to 6 months in the winter time.

The only thing Canadians don't qualify for because there's so many other visas given is the Green Card Lottery. So any Canadian can apply for a B2 and that is up to the INS to approve or deny based on how much ties you have to Canada. If you didn't own a home or have a job etc that might prevent them from issuing one...

Here's a nice little article on Canadians and the B2...

http://www.helium.com/tm/445442/there-avai...visas-temporary

Thanks everyone! I will definitely look at the B2 - although I don't know if I'd get one with a pending K1. And no, I'll make sure I don't take anything "work related" with me - all I need is a laptop:) Thanks be to cyberspace!