Help needed visiting my wife (green-card)

[DoctorM 0]

Hello,

I work in in Canada as a Medical docotor (resident) for the past 7 months with a (work-permit). I have an appointment with the U.S Consulate here in Canada for a B1/B2 Visa.

I'm in contract with one of the hospitals here in Canada for 7 years, and I don't intend to immigrate to the U.S at this time, I only want a way to visit my wife in U.S every couple of months.

My wife is a Green card holder but she (hopefully) will become a U.S Citizen in few months.

We will file for I-130 / I-129F once she becomes a U.S Citizen.

My question is how likely I'll be issued a tourist visa based on my case? How likely I'll allowed to enter the U.S as a visior through a U.S border?

What's the best & fastest way that allows me to visit the U.S without any problems?

Thanks everyone.

[YuAndDan 153]

You should not have a problem getting the visa as long as you can provide solid evidence that you will return to Canada, letter form employer, bank-accounts, apartment lease, etc..

http://www.consular.canada.usembassy.gov/u...sa.asp#pleasure

Since wife is a GC holder, there is NO way you can adjust status, so this reduces the "immigrant intent" risk.

Edited October 23, 2008 by YuAndDan

[john_and_marlene 162]

If you do not intend to immigrate, you should not apply for an immigrant visa. A permanent resident card is not a visit-whenever-you-want visa--it is for those who have immigrated and are living in the U.S. Using it for the purpose of avoiding normal visa/visit restrictions while your domicile is outside the US is fraud.

[DoctorM 0]

If you do not intend to immigrate, you should not apply for an immigrant visa. A permanent resident card is not a visit-whenever-you-want visa--it is for those who have immigrated and are living in the U.S. Using it for the purpose of avoiding normal visa/visit restrictions while your domicile is outside the US is fraud.

I didn't understand what you mean,

I'm not applying for B2 to enter and stay in the U.S, I have enough reasons to return back to Canada.

Moreover, I'm not currently applying to an immigrant visa, Yes in the future when my wife becomes a U.S Citizen I'll apply for G.C which makes my life easier going back and forth to U.S & Canada.

Is the 7-month period I've been working in Canada + my current employer contract (7-years) + apartment lease are considered strong ties to return to Canada, and will qualify me for a tourist visa?

Thanks,

[TayRivers 4]

If you do not intend to immigrate, you should not apply for an immigrant visa. A permanent resident card is not a visit-whenever-you-want visa--it is for those who have immigrated and are living in the U.S. Using it for the purpose of avoiding normal visa/visit restrictions while your domicile is outside the US is fraud.

I didn't understand what you mean,

I'm not applying for B2 to enter and stay in the U.S, I have enough reasons to return back to Canada.

Moreover, I'm not currently applying to an immigrant visa, Yes in the future when my wife becomes a U.S Citizen I'll apply for G.C which makes my life easier going back and forth to U.S & Canada.

Is the 7-month period I've been working in Canada + my current employer contract (7-years) + apartment lease are considered strong ties to return to Canada, and will qualify me for a tourist visa?

Thanks,

I think what was being said is. If you apply for a greencard as soon as your wife becomes a citizen you will need to live in the US full time to be classed as a resident. so you would be better to not apply for a greencard when your wife becomes a citizen until you have finished working in Canada.

Another thing to think about is that if your wife becomes a citizen then you may find it very hard to enter the US on your B1/B2 visa as immigrant intent will then be a red flag at POE, if she remains a Greencard holder until say a year before you finish your work in canada then you should not raise too many red flags as long as you dont visit to often.

[DoctorM 0]

If you do not intend to immigrate, you should not apply for an immigrant visa. A permanent resident card is not a visit-whenever-you-want visa--it is for those who have immigrated and are living in the U.S. Using it for the purpose of avoiding normal visa/visit restrictions while your domicile is outside the US is fraud.

I didn't understand what you mean,

I'm not applying for B2 to enter and stay in the U.S, I have enough reasons to return back to Canada.

Moreover, I'm not currently applying to an immigrant visa, Yes in the future when my wife becomes a U.S Citizen I'll apply for G.C which makes my life easier going back and forth to U.S & Canada.

Is the 7-month period I've been working in Canada + my current employer contract (7-years) + apartment lease are considered strong ties to return to Canada, and will qualify me for a tourist visa?

Thanks,

I think what was being said is. If you apply for a greencard as soon as your wife becomes a citizen you will need to live in the US full time to be classed as a resident. so you would be better to not apply for a greencard when your wife becomes a citizen until you have finished working in Canada.

Another thing to think about is that if your wife becomes a citizen then you may find it very hard to enter the US on your B1/B2 visa as immigrant intent will then be a red flag at POE, if she remains a Greencard holder until say a year before you finish your work in canada then you should not raise too many red flags as long as you dont visit to often.

Then how can I visit my while she's in the U.S ? I don't think its practical to wait until I finish my work in Canada -after 7 years- ,, isn't there a legal way that let's me visit the U.S?

[TayRivers 4]

If you do not intend to immigrate, you should not apply for an immigrant visa. A permanent resident card is not a visit-whenever-you-want visa--it is for those who have immigrated and are living in the U.S. Using it for the purpose of avoiding normal visa/visit restrictions while your domicile is outside the US is fraud.

I didn't understand what you mean,

I'm not applying for B2 to enter and stay in the U.S, I have enough reasons to return back to Canada.

Moreover, I'm not currently applying to an immigrant visa, Yes in the future when my wife becomes a U.S Citizen I'll apply for G.C which makes my life easier going back and forth to U.S & Canada.

Is the 7-month period I've been working in Canada + my current employer contract (7-years) + apartment lease are considered strong ties to return to Canada, and will qualify me for a tourist visa?

Thanks,

I think what was being said is. If you apply for a greencard as soon as your wife becomes a citizen you will need to live in the US full time to be classed as a resident. so you would be better to not apply for a greencard when your wife becomes a citizen until you have finished working in Canada.

Another thing to think about is that if your wife becomes a citizen then you may find it very hard to enter the US on your B1/B2 visa as immigrant intent will then be a red flag at POE, if she remains a Greencard holder until say a year before you finish your work in canada then you should not raise too many red flags as long as you dont visit to often.

Then how can I visit my while she's in the U.S ? I don't think its practical to wait until I finish my work in Canada -after 7 years- ,, isn't there a legal way that let's me visit the U.S?

The other option is for her to become a USC and then move to canada to be with you until you are ready to immigrate to the US.

Other than that you will need to show very strong ties to the CBP to be allowed to visit and then you will always run the risk of being denied entry. They will see your wife as being a stronger tie than what you may have in canada.

[DoctorM 0]

If you do not intend to immigrate, you should not apply for an immigrant visa. A permanent resident card is not a visit-whenever-you-want visa--it is for those who have immigrated and are living in the U.S. Using it for the purpose of avoiding normal visa/visit restrictions while your domicile is outside the US is fraud.

I didn't understand what you mean,

I'm not applying for B2 to enter and stay in the U.S, I have enough reasons to return back to Canada.

Moreover, I'm not currently applying to an immigrant visa, Yes in the future when my wife becomes a U.S Citizen I'll apply for G.C which makes my life easier going back and forth to U.S & Canada.

Is the 7-month period I've been working in Canada + my current employer contract (7-years) + apartment lease are considered strong ties to return to Canada, and will qualify me for a tourist visa?

Thanks,

I think what was being said is. If you apply for a greencard as soon as your wife becomes a citizen you will need to live in the US full time to be classed as a resident. so you would be better to not apply for a greencard when your wife becomes a citizen until you have finished working in Canada.

Another thing to think about is that if your wife becomes a citizen then you may find it very hard to enter the US on your B1/B2 visa as immigrant intent will then be a red flag at POE, if she remains a Greencard holder until say a year before you finish your work in canada then you should not raise too many red flags as long as you dont visit to often.

Then how can I visit my while she's in the U.S ? I don't think its practical to wait until I finish my work in Canada -after 7 years- ,, isn't there a legal way that let's me visit the U.S?

The other option is for her to become a USC and then move to canada to be with you until you are ready to immigrate to the US.

Other than that you will need to show very strong ties to the CBP to be allowed to visit and then you will always run the risk of being denied entry. They will see your wife as being a stronger tie than what you may have in canada.

As far as I know I'm elligible for a GC if my wife is a U.S Citizen,, to maintain my GC status I have to travel frequently to the U.S,, isn't this right?

What about K-3 visa? isn't this a multiple-entry visa that allows me to travel to the U.S without any problems?

Thanks,

[john_and_marlene 162]

As far as I know I'm elligible for a GC if my wife is a U.S Citizen,, to maintain my GC status I have to travel frequently to the U.S,, isn't this right?

It's not that simple. GC status = resident status. To maintain your resident status you have to do more than visit the US frequently. Your domicile must be in the U.S., you have to pay US taxes as a US resident. You have to live in the U.S.--absences of any amount of time can be determined to have abandoned your residency, especially if you have a domicile and job outside the U.S.

[YuAndDan 153]

As far as I know I'm elligible for a GC if my wife is a U.S Citizen,, to maintain my GC status I have to travel frequently to the U.S,, isn't this right?

It's not that simple. GC status = resident status. To maintain your resident status you have to do more than visit the US frequently. Your domicile must be in the U.S., you have to pay US taxes as a US resident. You have to live in the U.S.--absences of any amount of time can be determined to have abandoned your residency, especially if you have a domicile and job outside the U.S.

Yep,

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently. (Living in Canada)

• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Fail to file income tax returns while living outside of the US for any period.

• Declare yourself a "nonimmigrant" on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD Edited October 23, 2008 by YuAndDan

[john_and_marlene 162]

As far as I know I'm elligible for a GC if my wife is a U.S Citizen,, to maintain my GC status I have to travel frequently to the U.S,, isn't this right?

It's not that simple. GC status = resident status. To maintain your resident status you have to do more than visit the US frequently. Your domicile must be in the U.S., you have to pay US taxes as a US resident. You have to live in the U.S.--absences of any amount of time can be determined to have abandoned your residency, especially if you have a domicile and job outside the U.S.

Yep,

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently. (Living in Canada)

• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Fail to file income tax returns while living outside of the US for any period.

• Declare yourself a "nonimmigrant" on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

And, if they determine that you willingly misrepresented information about your intention to live in the U.S. just to get the GC, you can face a lifetime ban from ever entering the US again.

[DoctorM 0]

Is holding a temporary-resident visa in another country (work-permit) like myself means that I ::::

Move to another country intending to live there permanently.

Who ever mentioned that I intend to live permanently in Canada?

[TayRivers 4]

USCIS look on permanently as anything over 12 months. So no you cant get a greencard then just pop back now and again to keep it active. from the time you apply you have to prove to USCIS that you are resident within the USA and that you are paying tax as a resident and you and your wife have intermingled finances.

Sounds like you need to rethink your options.

[john_and_marlene 162]

Is holding a temporary-resident visa in another country (work-permit) like myself means that I ::::

Move to another country intending to live there permanently.

Who ever mentioned that I intend to live permanently in Canada?

I don't intend to immigrate to the U.S at this time, I only want a way to visit my wife in U.S every couple of months.

You cannot be a temporary resident in Canada and a permanent resident in the US at the same time.

Rationalize all you like, but applying for an immigrant visa and/or permanent residence in the US (GC) as a way to easily visit the US every couple of months while you actually live and work in Canada is fraud.

If you want to visit, you have to use the available avenues for temporary visits. When and if the time comes that you want to reside in the US, then you should seek permanent residence (GC).

Edited October 23, 2008 by john_and_marlene