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Ybyb20

I don't know if this goes here but... Border crossing....???

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I really don't know if this belongs here but I need some kind of insight on this...

I am a born American citizen, my wife is Canadian and we filed her I-130 form in December and we got paperwork asking to resend my passport photo (around march) and haven't heard anything since... and we filed it from her still living in Canada and not in the US but she has been here for about 4 months just visiting and staying in our home..

We are driving to Canada in August and driving back and we want to bring a U-Haul with her stuff from her house where she still lives with her mother and her mother is selling the house so she needs to give us to the stuff to bring back to our home in South Carolina (its just a bedroom set and a tv and clothes and stuff enough to fill an 5x8 U-Haul)... What our concern is the border.... they can be real pricks! But we also don't know what/if we are allowed to bring...

Will they be able to see that we have our paperwork started and does it matter? Is it illegal for us to bring this stuff through the border and will be taxed on it even though its essentially gifted from her mother? I mean it's in good condition but you can tell its not brand brand new...And can they say no to us just because she isn't a legal permanent resident yet??? Were quite nervous and want to be fully prepared and we're thinking of trying to contact someone on border patrol but we figured we'd come here first to see if anyone else has had a similar event happen. ANY help/advice is greatly appreciated!! If you need any more info, let me know! ^_^

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So she will have been here 6 months visiting, you want to pock back to Canada and come back with her visiting with a U Haul?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yeah... I mean, we have a home together in South Carolina... And shes able to be away from home in Canada cause she doesn't have to work. And her mother is moving to an apartment since its just her and her husband they dont need a home so they need to get rid of all the stuff in the house that they wont be needing/taking so essentially it is all give aways.... And we have our paperwork in process, I heard theyll be able to view that from our passports so we're thinking maybe since they see we are married and in the process, it wont be an issue. We're just 2 people who want to be together, damn it!!! Lol... :ranting:

Edited by Ybyb20

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Well the border can be real pricks.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yeah, I know.. I said the same thing in my initial message.... Sometimes they are so pleasant and you just head on through and then sometimes its like NOPE!.... so frustrating...

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Let me get this straight...you've only done the I-130?

She is clearly not just "visiting" but habitually residing. The border would have a right to refuse her entry with all of her things. The typical expectation to be re admitted without an immigrant visa is 6 months in, 6 out. They're not being pricks, they're doing their job.

Edited by Transborderwife

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Yeah she's my wife so she's gonna stay in our house while she "visits" until she gets her residency.... And we filed the paperwork from her being in Canada so that she could travel back and forth cuz if we filed it from the US, she wouldn't be able to leave until she got approved and that wouldn't work cuz she needs to go back and forth... So what's this 6months in 6months out thing you're saying???

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Most people in the US only get a few weeks vacation so they may be wondering how she can visit for so long.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yeah she's my wife so she's gonna stay in our house while she "visits" until she gets her residency.... And we filed the paperwork from her being in Canada so that she could travel back and forth cuz if we filed it from the US, she wouldn't be able to leave until she got approved and that wouldn't work cuz she needs to go back and forth... So what's this 6months in 6months out thing you're saying???

Ok so as I asked, what are you applying for? Aos? Cr1? If it's a cr1 then she has to go back anyways for medical and interview. That cannot be done in the USA. The 6 months deal is how a true visitor is seen to the us border guards. She's not a visitor, she's circumventing immigration law.

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If you are in fact doing the IR1/CR1 route, the border will NOT allow you to bring a U-Haul of household goods through the border until she has the Visa in her passport and then you can do it as part of the POE (Point of Entry) process.

Please take some more time to read through the Wiki's and Guides.

There are a lot of Canadians who are moving to the US, myself included. From start to finish the IR1/CR1 route takes (on average 10-12 months.

When she crosses the border from Canada to the US, especially now that paperwork has been started, she will typically need to carry with her proof that she is coming back to Canada when she claims she is. Letter of employment, lease/mortgage are some of the strongest ties. But the way you describe it, she is jobless and now homeless (because she doesn't own/lease anything in her name) so she had better come up with some good ideas!! (again, please refer to the guides and wiki's).

According to the State Department, once a petition (I-130) has been filed we are "technically speaking" no longer visitors - we are intended immigrants. We can be turned away at the border and the guards don't have to give a reason. It is will within their job to do so. BUT through the screening process (talking to the guard) we can be admitted entrance as long as we don't set off their red flags.

Every single one of us going through the process has looked for that magical loophole to be able to live with our spouses. And many more after us will continue to look for one....... but going through the steps and following their directions to the T is really the best and quickest route in the long run!

p.s. to the other non Canadian posters in the thread - Canadians do not require a tourist visa to enter the US - just a passport. We are allowed to stay up to 6 months. But we also have to take great care that we don't trip the "resident" trigger ((see IRS definition/calculation, and yes they will come after you!))

Ybyb20, we really do want to help you and your wife do this the right way!! There are a lot of Canadian members here to answer your questions and we all have a "been there done that" story to share....

Also, please take a moment to fill in your timeline. It will help other members answer questions based on where you're at in the process.

For starters, which Processing Center was your I-130 sent to - Texas? Nebraska? California?

Best wishes!!!!


Met in the SCA - DRACO INVICTUS!

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Thanks so much for the info! I guess I really am seeing now it looks a little sketchy and crazy but truly were just trying to get this stuff off my mother in laws hands and we just spoke with her and she's agreed to just hold it all in storage until we can take my wife's stuff. So now were NOT gonna bring stuff over, just going to Canada to visit and help her mom pack stuff up. So when we drive back through to South Carolina, can they still really say no? We are applying to get her permanent residency (CR-1 correct???) and like I said we filed it from her living in Canada so that she could travel back and forth. But now we're worried after reading all this stuff...

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Ps sent to Vermont. They received and accepted our stuff in March (in jan they asked me to resent my passport photo) so now were just waiting for them to give us a decision or notify if they need more stuff

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Thanks so much for the info! I guess I really am seeing now it looks a little sketchy and crazy but truly were just trying to get this stuff off my mother in laws hands and we just spoke with her and she's agreed to just hold it all in storage until we can take my wife's stuff. So now were NOT gonna bring stuff over, just going to Canada to visit and help her mom pack stuff up. So when we drive back through to South Carolina, can they still really say no? We are applying to get her permanent residency (CR-1 correct???) and like I said we filed it from her living in Canada so that she could travel back and forth. But now we're worried after reading all this stuff...

They will most likely say no. They'll expect her to stay in canada for a) at least 6 months or b) until she gets her visa. She would likely need to show ties to her home country (ie: property, rental agreement, assets, job letter, reasons to return to canada that are concrete) for her to get allowed back in in such a short period of time.

As boiler already pointed out, most people tend to get maybe 2-3 weeks vacation a year. Not 12 months.

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She doesnt need to work though. I'm financially stable enough for her to not have to work. So I don't see why they'd care if she was staying or not.... and why would she have to go back for 6 months or until she gets her visa???? The whole point of her not filing from living within the US is so that she could go back n forth so why would that be an issue? I just dont understand why my WIFE cant stay with me on and off? Ridiculous

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