Questions about crossing the boarder?

[Amanda2020 1]

I got a few questions, it is nearing the time that my fiance has to return to Florida in Aug, I am going along with him. We hope to be able to apply for the fiance visa before we go but if we dont end up to will apply in Florida. I am legally allowed to stay there for six months, which will be returing for the holidays anyways in dec. My questions are once I get to the boarder I am aware they will ask me alot of questions. We got nothing to hide and will be honest, do I tell them I plan to stay up to 6 months? or exactly how long? also if we haven't applied for the visa yet do I tell them we plan too once we get to Florida? also we do plan to bring some stuff with us for our daughter, i am aware i have to be careful to not make it look like were moving there, but can't I just say its for her? for his place there when she visits? most of the stuff I am bringing is just her stroller and car seat which is mobile will be coming back. We also decided will be driving not flying, it will be easier, any advice supposed to flying? this is my first time in this situation and now with a child crossing the boarder.

[DeadPoolX 9]

I know everyone says "be honest," but I think you'd have a tough sell on your hands when telling Customs Officers that you plan to stay for six months. Theoretically, they shouldn't have an issue since you ARE allowed to stay up to six months, but I'm sure you'd raise a few flags nonetheless.

If you plan on being honest about it, you'll need a ton of evidence supporting that you'll return to Canada. I'm not quite sure how much (my wife visited for two weeks at a time every few months), but six months will definitely peak their interest. You'll almost assuredly get ushered into secondary, in which case they'll probably grill you pretty hard.

Whether or not you're honest, make sure your story is good. You'll need to answer their questions, but DO NOT give them more info than necessary. I'd also advise that you and your fiance both know all the "ins and outs" to whatever you'll say. The very last thing you want to present is conflicting information.

Don't get me wrong -- I'm not suggesting you be dishonest. All I'm saying is that you'll need to try really hard to convince them that you're not planning on immigrating illegally. Seeing as how August is only a couple of weeks away, I'd start collecting every shred of evidence you can.

[Kathryn41 3,205]

Hi Amanda,

You might have some challenges ahead of you. Official US policy is that anyone who presents themselves at the US border for admission is considered an intending immigrant until they can prove otherwise. While Canadians are allowed to visit for up to a maximum of 6 months it is up to the border official when you arrive at the border to decide if you are an immigration risk or a visitor. Moving to Florida to 'live' with your fiance for 6 months and bringing your young daughter with you are going to be red flags, unfortunately. To be allowed into the country the border official will need for you to provide evidence that you have strong ties to Canada that will require you to return. Strong ties include a job and proof from your employer that you are expected back on such and such a date, property ownership, mortgage or rental documents, documents showing ongoing financial liability for where your live (utilities, internet, phone, insurance, etc.), small children who are remaining in Canada and not accompanying you, a return ticket, etc. Just one of these items is not sufficient, you would probably need several. You can see where you might have problems.

As well, with a small child you may need a letter from her father unless you have sole custody and a court order allowing her to leave the country with you, stating he is aware of the visit and giving his permission. This is part of the agreement to prevent International Child Abduction.

If you have already filed a K-1 and have the NOA1 (receipt) in hand it will actually help to show you are following the correct immigration protocol. When you apply at the border you can say that you hope to visit until you receive the NOA2 which would be a few months and then will return to Canada in order to complete the process. And you will need to return to Canada when the NOA2 (approval) is received because the Consulate sends all of the information to your Canadian address and there are things you need to do in Canada to prepare for the K-1 - get a medical, get police checks, etc., then attend an interview. This could happen before the 6 months you hope to visit are up.

Getting across the border for shorter visits tend to be more successful than for longer visits. The advantage of flying is that you can have a return ticket. The disadvantage is the cost - especially if you are denied entry to the US.

Edited July 19, 2009 by Kathryn41

[Danu 19]

Her fiance is the father of the baby, which unfortunately may make the circumstances even harder to prove you are coming back. I don't have much to add onto what has already been said, but I do wish you luck.

[Flames9_RN 359]

def do not use the words "to live" or "reside"

[CDAgirlMI 51]

My fiance & I have crossed into Canada & the U.S together on a couple occasions. Never had a problem. I always bring my "ties to Canada" with me & a copy of my NOA1 to show we have filed(I know this may not apply to you if you haven't started the visa application). I have never been asked to show any of my "ties". But you never know.

Obviously answer their questions truthfully & don't voluntarily give them any info(unless you're declaring anything). Like, how long you're staying....tell them if you are asked.

Good luck with everything, I'm sure it'll be fine.

[Sam and Ben 2]

Even after having filed our NOA1, with a whole folder of ties along with me (including bank account information in Canada, return itinerary, letter from my employer and my work schedule for when I returned), and a previous history of having visited and then returning to Canada as expected, I was still given problems at the Windsor/Detroit border. And that was for a two-week visit only, with a single bag of clothes and a laptop to bring over.

It's not always easy. The only thing that got me through was the fact that all of my twenty pages or so of extra information all coincided to the fact that I had no intention of staying in the country to reside. His supervisor (who unfortunately did have to be called over) couldn't dispute what I had brought, and told the officer to let me through.

Not trying to scare you, just trying to reiterate what has been said: be overly prepared with proof that you aren't going to be staying right now. You've got a fair bit stacked against that unfortunately.

[Amanda2020 1]

Lol thanks guys that helps, and yea I got ties here I dont have a full time job I work as a supply day care teacher. But I do have corrospondense school ties and bank stuff etc. I wont be staying the full 6 months, If we do apply for the visa and if nottin is approved before the 6 months which would be around Feb. I will be back in Canada in December for x-mas. My fiance always returns home for holidays. In terms of my daughter they wont care she's an American citizen the least they will want to know is who the father is and if we got permission to travel which my fiance is anyways. She's got his last name too so they wont nag about that, Its me they will ask questions since I am not American.

[DeadPoolX 9]

Getting across the border for shorter visits tend to be more successful than for longer visits. The advantage of flying is that you can have a return ticket. The disadvantage is the cost - especially if you are denied entry to the US.

At least she'd go through pre-clearance in Canada. Yeah, it'd suck if she got denied, but at least she wouldn't have to immediately find a flight home.

[La Souris 19]

Be prepared - the previous answers include good tips.

However, I crossed once with my husband, in his truck, and that is one of the easiest crossing I ever had - I don't think they even asked me how long I was staying (it was from Dec. 26th until Jan. 10th or so...) - so, be ready for everything and anything, but it may be easy too

[moni_calla 0]

I got a few questions, it is nearing the time that my fiance has to return to Florida in Aug, I am going along with him. We hope to be able to apply for the fiance visa before we go but if we dont end up to will apply in Florida. I am legally allowed to stay there for six months, which will be returing for the holidays anyways in dec. My questions are once I get to the boarder I am aware they will ask me alot of questions. We got nothing to hide and will be honest, do I tell them I plan to stay up to 6 months? or exactly how long? also if we haven't applied for the visa yet do I tell them we plan too once we get to Florida? also we do plan to bring some stuff with us for our daughter, i am aware i have to be careful to not make it look like were moving there, but can't I just say its for her? for his place there when she visits? most of the stuff I am bringing is just her stroller and car seat which is mobile will be coming back. We also decided will be driving not flying, it will be easier, any advice supposed to flying? this is my first time in this situation and now with a child crossing the boarder.

Hello Amanda 2020,

Since you are not working full time right now if you are receiving EI or maternity benefits you can use this as proof of ties and ability to support yourself and child. When I was on mat I called EI and told them I was going to be away for a bit so they sent me a letter stating I would be back on such and such a date, well it ended up that they didnt even ask for it and I stayed for about 3 months. Have you already gotten all your childs US documents processed and filed the CRBA?

BTW you are legally allowed to leave the country while on EI so don't worry about them stopping benefits, they just request to be notified.

Edited July 19, 2009 by moni_calla

[Amanda2020 1]

Yes we got her counselor report were just waiting for her US passport to still get here. We got her Canadian as well, and no i've never been on EI, I been working as a supply since I graduated from college I never took a full time permanant position. I am still in school part time and working trying to get in to University. I dont need EI at the moment I plan to go back to work sometimes in the spring next year once my daughter is a year old. The support issue isnt a problem we are financially stable enough. I do have letters from work stating that I worked there and I am still on there call list. Also I got a letter from my school which states I will need to report back to complete my exam etc. I am going through alternative Adult learning High school courses which are self reliant, I only got one left to finish which is like two units which I will finish within one semester to a few months. So I will need to return to corospond with my teachers. We've set a date and were leaving on Aug 8th from here, were driving.

[Amanda2020 1]

How long after you apply does it take to get a receipt and proof that you applied? since we plan to apply before we leave we'd need it before Aug 8th?

[Hugglebuggles 60]

We got our NOA1 5 days after we filed the petition... but I've heard some people waiting a month or more. If you file now there is a good possibility you'll have it before you cross, but you may not. If you don't, you could always bring a copy of the petition and/or prof they cashed your cheque, just to back up your story that you have actually filled for a K-1. I really think it would help you if you're sent to secondary or receive some extra questioning. Good luck!

[Sparky&Me 0]

Hi Amanda, I tried to enter the US with my fiancé for six months and was denied entry for lack of ties to Canada. We hadn’t applied for the K-1 yet but were intending to right away (he was living in Canada with me and we didn’t want to file until he had an American source of income and address). A few things that the customs officer told me were:

-No return ticket is a huge red flag when flying in. It was this particular officer’s biggest red flag actually. I was hoping that I may need to return to Canada before six months were up to complete the K-1 process.

-Not having already filed the paperwork for the K-1 was another issue. He implied that he may have let me go if we’d filed our application already.

A slight rant: He also said that since I was planning on moving to the US anyhow, that I wasn’t going to the States for a “visit“, that I was going to “live” for six months - not really helpful information for you, but I really had trouble with that particular lecture, as I wasn’t planning on doing anything different then anybody else who does get in. /rant off

I will clarify that I had no real ties to Canada at that point - just my RRSP’s and stock - but they are hardly things I can’t transfer.

If you do attempt entry and get denied, it won’t have any adverse affect on your visa. The customs officer was very clear on this at the time. I just had my interview in Montreal, & I was asked to explain what happened, but that was all, it really was a non-issue. The interviewer said that it all depends on how the individual customs officer interprets the laws/situation. My visa was approved with no problems. One thing you can be prepared for is being more heavily questioned in the future when trying to enter the US on a visit. Since getting denied, I’m almost always brought into secondary and questioned very heavily. Sometimes I was issued a travel visa which is stapled into the passport and must be returned when you leave the country to prove that you’ve left. I’ve always brought my ties to Canada with me since then, and I’ve never been denied entry again, but customs has certainly been a pain.

Good luck in whatever you decide to do. I know that other people have been successful, it really is a ####### shoot. Just be prepared with a plan should you not be allowed to go in.