Important topic

[tyriun_j 0]

I have a difficult situation,

Okay so my fiance and I are doing the fiance visa process. Instead of waiting for it to go through, she is coming down to be with me for 6 months while its in the processing stage. She is coming down with her father in his transport truck, and will not have a return ticket home, however she will have the money for one in her bank account. Our original plan was to tell border patrol that we are engaged and are working on the visa, so we are doing it the valid way. When ( and IF ) it gets to NOA2 status while shes down here she is just going to fly home and finish the process there. However my mother has spoken to two immigration lawyers and they have said to tell border patrol that she is just coming down to visit friends. The problem is if they search the truck, they will find a lot of her possessions and she will most likely immediately get turned away. But the immigration lawyers are saying that if she says she is my fiance, they will red flag her and turn her away anyway. We wanted to get some opinions as of what to go with. She will be bringing down a copy of the I-129F packet as well as proof that she can pay for her own way down here as far as meals go. We want to be as honest as possible but we also want to be able to get her through the border.

Also, we know she is able to be in the US for up to 180 days, but we are wondering if it renews in the new year, Jan 2010? So if she comes down in June, can she stay until mid-November, go back home for a few weeks, come down for Christmas and stay in the country, and be able to stay until June? Or is it that you cannot come back until 6 months after you leave? Like is it a rolling year where when she comes down in June she couldnt come back until June 2010? We are curious as to how this part of the system works.

Please advice kindly

Thank you

[trailmix 77]

Hi there,

You have quite a few questions in your post!

No one here is going to tell you to lie to the border officer - for one thing it is against visa journey terms of service - the other thing is it is an absolutely terrible idea. The lawyers that advised it have given very poor advice. On the other hand if you get caught and your whole immigration journey gets really messy - they have just found a client! Also, if she gets caught in the lie she could well be banned from entering the country and she will also have to explain what happened at her visa interview.

Many Canadians visit their fiance(e) and spouses while they are waiting for their visa. The most important thing is to bring proof of ties to Canada. Your fiancee is obviously not going to do this - that may well be a problem.

The second thing is - she cannot import her personal items duty free until she has that visa in her hand. She can take her belongings over the border duty free with her visa and for 10 years after that - but not before. So aside from probably getting turned back if she attempts to bring a number of belongings - even if they were to let her in she may end up paying duty.

The 6 months is not in a calendar year or a rotating year - it is simply 6 months at a time. You can leave the U.S. for 1 day and turn around and go back for 6 months - however (and this is a BIG however) if it appears to the border officer that she is 'living' in the U.S., rather than visiting - they will more than likely not permit her to enter.

To be honest with you, your plan seems fraught with potential problems. I would not personally do what you are going to do. In fact before we applied for our visa we visited the consulate in Calgary and asked about this. We asked, what if we just took some of our stuff and visited to see if we even like it there or not. She smiled and said they probably won't let you in - and I am sure she was right.

Edited May 26, 2009 by trailmix

[trailmix 77]

You may also want to check out the Canada forum here at VJ - lots of threads about Canadians who have visited while they are waiting for their visa.

You might also find this recent thread interesting.

Edited May 26, 2009 by trailmix

[tyriun_j 0]

Hi there,

You have quite a few questions in your post!

No one here is going to tell you to lie to the border officer - for one thing it is against visa journey terms of service - the other thing is it is an absolutely terrible idea. The lawyers that advised it have given very poor advice. On the other hand if you get caught and your whole immigration journey gets really messy - they have just found a client! Also, if she gets caught in the lie she could well be banned from entering the country and she will also have to explain what happened at her visa interview.

Many Canadians visit their fiance(e) and spouses while they are waiting for their visa. The most important thing is to bring proof of ties to Canada. Your fiancee is obviously not going to do this - that may well be a problem.

The second thing is - she cannot import her personal items duty free until she has that visa in her hand. She can take her belongings over the border duty free with her visa and for 10 years after that - but not before. So aside from probably getting turned back if she attempts to bring a number of belongings - even if they were to let her in she may end up paying duty.

The 6 months is not in a calendar year or a rotating year - it is simply 6 months at a time. You can leave the U.S. for 1 day and turn around and go back for 6 months - however (and this is a BIG however) if it appears to the border officer that she is 'living' in the U.S., rather than visiting - they will more than likely not permit her to enter.

To be honest with you, your plan seems fraught with potential problems. I would not personally do what you are going to do. In fact before we applied for our visa we visited the consulate in Calgary and asked about this. We asked, what if we just took some of our stuff and visited to see if we even like it there or not. She smiled and said they probably won't let you in - and I am sure she was right.

Okay we can live without her bringing anything down except her clothes thats not a problem. I have advised her to bring as many ties back to Canada as possible. Is there a limit on what she can bring? Like up to a certain dollar amount? ( as far as what personal affects ) If its more of a hassle to bring anything besides clothes and cosmetics then she can leave that stuff in Canada until she gets her Visa. She doesnt have a car in Canada and she just moved back in with her mom in Fredericton so shes not on the title or lease there. What else will work as a tie to show border patrol? Thanks

[trailmix 77]

There is no real limit per se, since you aren't really concerned about dollar value and duty here, you are concerned about appearance. She must appear to be visiting - since that is really what she will be doing. What is a reasonable amount of stuff to take on a holiday?

One other thing I think is worth mentioning - the whole 6 month entry thing for Canadians - that can change. If the border officer has any reason to believe that she is going to 'live' in the U.S. he might just decide to only issue her a set stay - two weeks, a month - it's up to them.

She has no job, no residence, no financial ties. I honestly can't think of what proof she could show. I mean she is obviously free to go and live in the U.S. for 6 months (responsibility wise) - so, I can't think of anything, maybe someone else will have some ideas for you.

[tyriun_j 0]

There is no real limit per se, since you aren't really concerned about dollar value and duty here, you are concerned about appearance. She must appear to be visiting - since that is really what she will be doing. What is a reasonable amount of stuff to take on a holiday?

One other thing I think is worth mentioning - the whole 6 month entry thing for Canadians - that can change. If the border officer has any reason to believe that she is going to 'live' in the U.S. he might just decide to only issue her a set stay - two weeks, a month - it's up to them.

She has no job, no residence, no financial ties. I honestly can't think of what proof she could show. I mean she is obviously free to go and live in the U.S. for 6 months (responsibility wise) - so, I can't think of anything, maybe someone else will have some ideas for you.

Here is what my fiance has so far:

Active bank statements

Student loans ( has them in paper form )

Whole I-129F Packet ( A copy of at least )

With her not being on a lease or having any utilities in her name, it makes it difficult. Would a written letter from her mom saying she is staying with them in Canada or something of the sort work?

[Gary and Alla 3,696]

I have a difficult situation,

Okay so my fiance and I are doing the fiance visa process. Instead of waiting for it to go through, she is coming down to be with me for 6 months while its in the processing stage. She is coming down with her father in his transport truck, and will not have a return ticket home, however she will have the money for one in her bank account. Our original plan was to tell border patrol that we are engaged and are working on the visa, so we are doing it the valid way. When ( and IF ) it gets to NOA2 status while shes down here she is just going to fly home and finish the process there. However my mother has spoken to two immigration lawyers and they have said to tell border patrol that she is just coming down to visit friends. The problem is if they search the truck, they will find a lot of her possessions and she will most likely immediately get turned away. But the immigration lawyers are saying that if she says she is my fiance, they will red flag her and turn her away anyway. We wanted to get some opinions as of what to go with. She will be bringing down a copy of the I-129F packet as well as proof that she can pay for her own way down here as far as meals go. We want to be as honest as possible but we also want to be able to get her through the border.

Also, we know she is able to be in the US for up to 180 days, but we are wondering if it renews in the new year, Jan 2010? So if she comes down in June, can she stay until mid-November, go back home for a few weeks, come down for Christmas and stay in the country, and be able to stay until June? Or is it that you cannot come back until 6 months after you leave? Like is it a rolling year where when she comes down in June she couldnt come back until June 2010? We are curious as to how this part of the system works.

Please advice kindly

Thank you

If she lies and is found out you can forget your K-1 or any other visa. They will allow her in, even if she says she is engaged, IF they believe she will return. If she has all her belongings with her they will NOT believe she is going to return. It is usually advised that a fiancee visiting brings some good documentation that she will return, such as a job verfication letter or lease for property. Sorry, but you are going to have to take the chance she will be turned back, no way around that.

Best bet is to buy a round trip ticket on an airline, have some documentation she will return, and bring her "stuff" when she comes to get married.

The parasitic immigration attorneys do not care what happens to you. DO NOT LIE about anything to anyone in the course of this process.

[Gary and Alla 3,696]

There is no real limit per se, since you aren't really concerned about dollar value and duty here, you are concerned about appearance. She must appear to be visiting - since that is really what she will be doing. What is a reasonable amount of stuff to take on a holiday?

One other thing I think is worth mentioning - the whole 6 month entry thing for Canadians - that can change. If the border officer has any reason to believe that she is going to 'live' in the U.S. he might just decide to only issue her a set stay - two weeks, a month - it's up to them.

She has no job, no residence, no financial ties. I honestly can't think of what proof she could show. I mean she is obviously free to go and live in the U.S. for 6 months (responsibility wise) - so, I can't think of anything, maybe someone else will have some ideas for you.

Here is what my fiance has so far:

Active bank statements

Student loans ( has them in paper form )

Whole I-129F Packet ( A copy of at least )

With her not being on a lease or having any utilities in her name, it makes it difficult. Would a written letter from her mom saying she is staying with them in Canada or something of the sort work?

No one can say what will "work" for certain. It is up to the disgression of the border officer and/or immigration officers on duty at that time. People here can only say what has worked for them in the past. There is never any guarantee any visitor will be allowed to enter the USA

[Gary and Alla 3,696]

There is no real limit per se, since you aren't really concerned about dollar value and duty here, you are concerned about appearance. She must appear to be visiting - since that is really what she will be doing. What is a reasonable amount of stuff to take on a holiday?

One other thing I think is worth mentioning - the whole 6 month entry thing for Canadians - that can change. If the border officer has any reason to believe that she is going to 'live' in the U.S. he might just decide to only issue her a set stay - two weeks, a month - it's up to them.

She has no job, no residence, no financial ties. I honestly can't think of what proof she could show. I mean she is obviously free to go and live in the U.S. for 6 months (responsibility wise) - so, I can't think of anything, maybe someone else will have some ideas for you.

This is true, and Canada does the same thing. One time going to visit a friend in Montreal (an hour from my house in the USA) I was asked tons of questions and finally "allowed to enter". I told them I was staying for FOUR days and had a small suitcase ONLY. After considerable hassel they issued me a 30 day visitor pass! Ridiculous, of course, but believe me, they do it. When I left FOUR days later, I had to turn in my visitor pass and "check out" of Canada. I go to Canada several times a month, sometimes several times a week, and this was the only time I had that problem. Strange. If she is issued a visitor pass for 30 days, or 14 days, and she overstays that pass, it can be a problem with your visa, depending the length of the overstay.

[trailmix 77]

There is no real limit per se, since you aren't really concerned about dollar value and duty here, you are concerned about appearance. She must appear to be visiting - since that is really what she will be doing. What is a reasonable amount of stuff to take on a holiday?

One other thing I think is worth mentioning - the whole 6 month entry thing for Canadians - that can change. If the border officer has any reason to believe that she is going to 'live' in the U.S. he might just decide to only issue her a set stay - two weeks, a month - it's up to them.

She has no job, no residence, no financial ties. I honestly can't think of what proof she could show. I mean she is obviously free to go and live in the U.S. for 6 months (responsibility wise) - so, I can't think of anything, maybe someone else will have some ideas for you.

Here is what my fiance has so far:

Active bank statements

Student loans ( has them in paper form )

Whole I-129F Packet ( A copy of at least )

With her not being on a lease or having any utilities in her name, it makes it difficult. Would a written letter from her mom saying she is staying with them in Canada or something of the sort work?

Can't hurt to have her Mom write a letter stating where your fiancee is living and that she is expected back. The bank statement and student loans probably are not helpful - but certainly won't hurt - the I-129 packet - have you filed it yet? If you had actually filed it, that would be helpful, if not - then not so helpful.

I have really just given you a brief scenario of things that can happen at the border, just so you are prepared. That is not to say that any of those things will happen. They may just wave her through.

At least if you are not taking lots of her stuff (and you are truthful), then if she gets turned back you haven't really lost anything, lots of people get turned back and this does not affect their visa application.

Edited May 26, 2009 by trailmix

[Moosker 7]

I thought it was only 90 days you were allowed to stay? Learn something new every day...be prepared that the border could foil your whole entire plan, OR it could go really smoothly crossing! I never had problems, but I know a girl who did and they only allowed her to have 30 days and if she wasn't back in Canada then she'd be deported. So just be careful! You're so close, you don't want to mess anything up for the future.

Good luck!

[Krikit 1,166]

Take a look at my signature for visitation FAQ's. Welcome to VJ, Tyriun_j.

[baron555 934]

We want to be as honest as possible but we also want to be able to get her through the border.

Be careful when you play with fire. Your entire idea is fraught with potentially bad consequences.

I'd suggest you settle the hormones down and go through the process like everyone else.

[Nik+Heather 122]

This is a bit frustrating...you've already asked this question, and already been given good advice....

http://www.visajourney.com/forums/index.ph...185710&st=0

You were advised to have your fiance get a RETURN TICKET as the best and most widely requested proof that she is, in fact, intending to leave the country at the end of her legal stay.

Now, what might make sense to you in terms of convenience (move her stuff in small loads over the course of several visits), does not jive well with immigration. What you are proposing is in fact that your fiancee should take up residence in the US, and merely going back to Canada to visit. If she's here for 6 months, visits Canada for 2 weeks and is here for 6 months again - and has the visa by then, she's effectively moved here many months before the visa is approved.

Understand that things like your plan is pretty much the border patrol's main job to sniff out and stop.

You've gotten some suggestions on what she should bring with her to help prove these things. I would offer some things on the "do not bring!" list: Any papers needed for AOS, or other important personal records. These all point strongly to a person on a long term, one way trip. She shouldn't need any of these for you to file a petition (what are you waiting for?! I know a Canadian January filer who is interviewing next week already!).

We all would love to jump at the chance to be with our loved ones as soon as possible. We aren't un feeling, unaware people who don't know what you're going through. I wish you all the best in getting your fiance over here for the better part of your processing time. The good news is that if she is HONEST at the border and is turned away, it won't affect your Visa process. If she is DISHONEST at the border and is then discovered and turned away, it probably will.

Edited May 26, 2009 by Nik+Heather

[milimelo 4,744]

I thought this exact same topic was posted before - Nik + Heather found the old topic!

Did you think asking the second time around will yield you different answers? People already gave you good advice - up to you now.