POE and proof of ties coming back home

[♥Stiggy♥ 0]

Hi guys & gals,

Sorry it seems like Im always coming on here with questions.. can't wait to finally get this down pat a bit more and be able to help others too

Anyways, my fiance will be going back to the states from his tour in the spring, when at the same time he will be released from the military. I will be flying to meet him at the base he will be flying into, and driving down south with him and his belongings as he moves in with his family until he finds his civilian job to get back on his feet. So I'll be doing the drive with him, and visit him for a few weeks since by that time it would have been months that we've seen eachother due to his tour.

Now, heres my pickle.

Here in Canada, you can not get divorced until after you have been seperated for 12 months. Once you have been seperated, then you can file, but it is not granted for 31 days after that, to give time for the ex-spouse to apeal the divorce. My 12 months will be in the middle of February, then my divorce should be finalized by the middle of March.

I have a restraining order placed on my ex-husband, and I still reside in our matrimonial home with our kids, where as he is living with friends at the moment. I wont go into it too much since its the www... but we will be going to court in February infront of the judge since we both want primary custody of the children.

However, as I said since its the www without going into much detail, after he goes to court for something in February/March, I am probably going to have to move out of this house so he can move in. Ive been a stay at home mom for 5 years now, so I do not have a job.

Once my fiance gets back to the states, I plan on flying to meet him as I said, and visit from early april and help him move, and then stay and visit, and then go to one of my best friends weddings in the state just above him which will be in June. Then my birthday is 3 weeks later, and after my birthday, I plan on coming back home to start looking for my full-time job and get a place of my own for my kids and me. So Im wondering how much grief Im going to get at customs and immigration, with me not having a "home" to come back to, or a job to come back to. Theres no point in me finding a job after my exhusband is supposed to move in here, if Im going on vacation right after (cant get vacation time that quick into a job). All Im going to have is custody papers stating I have primary joint custody of my kids, or my ex husband has primary, yet joint custody of the kids. Other than that, Ive got no assets really. Just all my family, and my friends are up here, and my children.

Im really worried, since I want to spend about 3 months with my fiance, since I know once I get a job up here, I wont be able to fly down and visit him for at least 6 months till I earn vacation time. And same thing with him, just about to re-enter the work force in the civilian side, he wont be able to fly up and visit me until he earns his vacation time. So we figured Ill just visit him until my birthday and spend a chunk of time together since it will be a few months till we see eachother again.

[SunDrop 59]

Unfortunately no one can really answer this question, and TBH you don't really have any ties to Canada and if I were looking to pick holes as an an immigration officer, I would challenge your intent to return if you're leaving your kids for 3 months.

I was very nearly refused entry when going to the US to spend Christmas with my best friend and her family. I'd just been made redundant from my job, although I'd lined up employment to start when I got back. I'd just separated from my ex, was travelling with my then 3 year old and my parents lived in NYC at the time. I rented my home from my parents, so a relatively informal arrangement in the eyes of the officer and after a grilling about why I wasn't going to see my folks over the holidays (no room at the inn! lol) he stamped us in and said he was only doing it because it was christmas and I sounded like I'd had a rough year!

I suppose the only option is to buy a ticket for a shorter trip because you're visiting 'friends and family' as a break following your difficult divorce and cough up to change it once you're in. But then, that would be lying to the USCIS at the POE and that's not something I'd ever recommend, considering you want to immigrate formally!

Edited December 18, 2008 by SunDrop

[♥Stiggy♥ 0]

Thanks for the answer..

I never thought of getting a ticket then changing it.. since the penalty for changing it so quite high.

And yah, Im planning to eventually immigrate, but not for another 22 months at the least. My exhusband is in the military and can get deployed at any time, and if he does have primary custody of the kids, I need to be ready to watch and take care of them here while he is still in the military, since if I were living in the states while hes still in the military - the kids wouldnt be able to go down there without a visa on such short notice.