Waiting in the US?

[metinil 0]

If you spend alot of time in the U.S., your chances of being refused entry increases. You have already spent significant time in the U.S. and don't plan on returning to Canada until December. Don't be surprised if you are refused entry in January due to excessive time in the U.S.

Right, it looks like in January they'll see you were in the US more than you were in Canada. Are you flying or driving?

Flying.

Canadians are allowed up to 6 months in the US at a time. I am able to show that I have funds to support myself while I visit the US, and I have ties to Canada...which weren't needed when I entered this time. My time was spread out by months... I could've been on a family vacation or at a vacation home for all they know.

[pushbrk 12,144]

If you spend alot of time in the U.S., your chances of being refused entry increases. You have already spent significant time in the U.S. and don't plan on returning to Canada until December. Don't be surprised if you are refused entry in January due to excessive time in the U.S.

Right, it looks like in January they'll see you were in the US more than you were in Canada. Are you flying or driving?

Flying.

Canadians are allowed up to 6 months in the US at a time. I am able to show that I have funds to support myself while I visit the US, and I have ties to Canada...which weren't needed when I entered this time. My time was spread out by months... I could've been on a family vacation or at a vacation home for all they know.

Canadians are allowed to "visit" the US for up to six months at a time or six months in a given year. They are not allowed to "reside" in the USA. You may be allowed to re-enter in January and you may not. Your chances may be better driving, if that's practical but don't pack the car like you're moving.

[metinil 0]

If you spend alot of time in the U.S., your chances of being refused entry increases. You have already spent significant time in the U.S. and don't plan on returning to Canada until December. Don't be surprised if you are refused entry in January due to excessive time in the U.S.

Right, it looks like in January they'll see you were in the US more than you were in Canada. Are you flying or driving?

Flying.

Canadians are allowed up to 6 months in the US at a time. I am able to show that I have funds to support myself while I visit the US, and I have ties to Canada...which weren't needed when I entered this time. My time was spread out by months... I could've been on a family vacation or at a vacation home for all they know.

Canadians are allowed to "visit" the US for up to six months at a time or six months in a given year. They are not allowed to "reside" in the USA. You may be allowed to re-enter in January and you may not. Your chances may be better driving, if that's practical but don't pack the car like you're moving.

It's a bit of a drive Vancouver to Miami!

I think I better consult an immigration lawyer... I'm getting a little freaked out now, so it's time to talk to a professional.

[pushbrk 12,144]

If you spend alot of time in the U.S., your chances of being refused entry increases. You have already spent significant time in the U.S. and don't plan on returning to Canada until December. Don't be surprised if you are refused entry in January due to excessive time in the U.S.

Right, it looks like in January they'll see you were in the US more than you were in Canada. Are you flying or driving?

Flying.

Canadians are allowed up to 6 months in the US at a time. I am able to show that I have funds to support myself while I visit the US, and I have ties to Canada...which weren't needed when I entered this time. My time was spread out by months... I could've been on a family vacation or at a vacation home for all they know.

Canadians are allowed to "visit" the US for up to six months at a time or six months in a given year. They are not allowed to "reside" in the USA. You may be allowed to re-enter in January and you may not. Your chances may be better driving, if that's practical but don't pack the car like you're moving.

It's a bit of a drive Vancouver to Miami!

I think I better consult an immigration lawyer... I'm getting a little freaked out now, so it's time to talk to a professional.

You consult whom you please but nobody can assure you that you'll be admitted to the USA at any time, for any reason or under any set of circumstances. The decision will be made by a CBP officer at the border.

Your best bet would be to have a friend drive you to Sea Tac.

[john_and_marlene 162]

If you spend alot of time in the U.S., your chances of being refused entry increases. You have already spent significant time in the U.S. and don't plan on returning to Canada until December. Don't be surprised if you are refused entry in January due to excessive time in the U.S.

Right, it looks like in January they'll see you were in the US more than you were in Canada. Are you flying or driving?

Flying.

Canadians are allowed up to 6 months in the US at a time. I am able to show that I have funds to support myself while I visit the US, and I have ties to Canada...which weren't needed when I entered this time. My time was spread out by months... I could've been on a family vacation or at a vacation home for all they know.

up to 6 months in a 12 month period. You are not supposed to be in the U.S. more than you are in Canada.

[Reba 2]

If you've already been in the US 5 months this year, and you still plan to stay until December, then you will have overstayed your allowed time for sure, by about 2 to 3 months. This *could* not only result in a denial of entry, but a bar from re-entry for a period of time, or at least until you get your spousal or fiancee visa.

How do you have ties to Canada if you've been in the US the past 5 months? Are you on leave of absence from a job? Do you even have a home in Canada, or do you "live" with family?

[john_and_marlene 162]

Now you can see why I asked the question. No immigration attorney can change these rules for you. You need to adjust for plans to comply with the rules.

[Ling Ling 22]

I don't know why nobody else has mentioned it, but you have a fairly good case for doing an Adjustment of Status (AOS).

You came to the US "without" the intention of getting married. You just wanted to see how things were.

Now you've decided to marry your boyfriend.

If you get married now (before you go back to Canada) you can apply for Adjustment of Status.

However, you can't return to Canada until the process is complete...unless you get an early parole (more money, and more time).

That is, if you leave before your AOS is approved, then you would be considered to have abandoned the process,

and THEN things get really nasty.

Also, if you leave now, and return with the INTENT to marry, then you are committing immigration fraud and could be banned for life.

Again...the INTENT is the important part. If you came over a few times to get to know your boyfriend, and just "decided" to get married

during this visit, then you're OK. But if you decided that you want to circumvent the immigration laws/process, then you're not OK.

If you're really interested in speaking with an attorney, I suggest getting a one hour consultation. She may be able to go into more detail,

but fundamentally she will not tell you anything different from the advice you've been given.

Have a look at the link below, and read the warning carefully.

http://www.visajourney.com/forums/index.ph...page=i130guide2

good luck

[pushbrk 12,144]

Also, if you leave now, and return with the INTENT to marry, then you are committing immigration fraud and could be banned for life.

Ling Ling is correct in that if your decision to marry occured during your current visit, you could marry now, and just adjust status, as long as you can stay in the USA until the AOS process is complete.

Leaving now and returning with the intent to marry is not a problem as long as you don't try to immigrate by adjusting status. Foreigners come to the US and marry frequently. As long as they conform to immigration laws by filing for and receiving the appropriate visa before "immigrating" it's no problem.

Intent to marry isn't necessarily intent to immigrate.

[metinil 0]

Thanks again everyone! Speaking to our lawyer on the 14th and I'm sure we'll figure it out!

[Cassie 8]

Thanks again everyone! Speaking to our lawyer on the 14th and I'm sure we'll figure it out!

make sure your lawyer is a member of AILA and well-versed in immigration issues. Lots of lawyers have given out lots of wrong information, particularly when it comes to Can/Am relationships.

[Graziela 0]

Thanks again everyone! Speaking to our lawyer on the 14th and I'm sure we'll figure it out!

I'm a Canadian citizen married to a US citizen, we got married in Canada. The last time I entered the US it was without intent on staying. BUT, since then we have changed our minds and decided to stay in the US. We decided to go see an immigration lawyer, he told us I would not have to leave the country even though my visitor's visa has expired. We are also applying for a work visa at the same time as the spousal sponsorship. We were told that we will have an answer on the work visa within 90 Days of submitting it. If the work visa is approved I should be able to work even if my sponsorship is still pending.

When my husband files his taxes we file jointly, he claims me as his dependent. I was issued a tax number by the IRS to be used instead of a SSN for filing purposes only.

metinil, we were told by TWO different immigration lawyers, Canadians can pretty much come and go as they please as long as they have no intent on staying in the US upon entry. Also, if the person has not done anything illegal of course.

This is what was said to us by our lawyer, please do not take this as gospil.

Good luck with everything, I'm sure your lawyer will be very helpful.

[Reba 2]

Whatever lawyer told you that was on crack Graziela.

And there have been AILA lawyers thru here at VJ who have said "yeah sure, just come here, get married and stay, no problem!"

Just because they're AILA, doesn't necessarily mean they're any good or they know what they're talking about. If you hire a lawyer, do your research on them, get references.

[Cassie 8]

Whatever lawyer told you that was on crack Graziela.

And there have been AILA lawyers thru here at VJ who have said "yeah sure, just come here, get married and stay, no problem!"

Just because they're AILA, doesn't necessarily mean they're any good or they know what they're talking about. If you hire a lawyer, do your research on them, get references.

that's the key right there, aye.

[Graziela 0]

Whatever lawyer told you that was on crack Graziela.

And there have been AILA lawyers thru here at VJ who have said "yeah sure, just come here, get married and stay, no problem!"

Just because they're AILA, doesn't necessarily mean they're any good or they know what they're talking about. If you hire a lawyer, do your research on them, get references.

We have done our research and are pretty confidant with our attorney, he is a former border patrol officer in one of the busiest Canadian/US ports of entry. Not to mention how long he has been in his current firm ran buy him and a fellow immigration attorney. Also he has personally had to go through the process with his wife who is from the Dominican Republic.

Actually now that I think about it, while looking for an immigration lawyer we were told by three different lawyers that our situation is fine, (I think I mentioned in my earlier post we were told by two lawyers). Maybe because we have been married 10 years come November and also have a 5 year old son who is now a Naturalized American Citizen, he was born in Canada when we all lived there. Not sure if our situation makes a difference? We came down for a visit and DH’s step mom got sick then passed a year later. DH didn’t want to leave his father under the circumstances so here we are. DS and I have travelled back and forth from the US and Canada several times.

I’m not saying that I can’t be deported at any time, no one can say that unless they are a US citizen. Or that it may mess up our whole process, I do appreciate all advice given as I am certainly no expert when it comes to US immigration laws.