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Makswim

Married but Husband needs to get back to Canada

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I am a US citizen and 2 years ago I met and married my husband who is a Canadian citizen. He came to the US as a visitor with his passport. Two of his friends who are US citizens picked him up and brought him over to the US for a vacation. In that time we met and decided to get married within 6months. As time passed things have not been going well for him with trying to get work (impossible). He wants to go back to Canada get a job, save money for his paper work and then come back to my daughter and I. When he came over they didnt stamp his passport. Is he going to have problems going back to Canada? Will he be able to come back to the US in a year or so? I am very scared about this. We would have done his paper work but havent been able to put the money together to get it done. Any help with answers would be so appreciated. I dont want to be without my husband for a long time. I want to make sure everything will be ok.

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He can not work because he is not authorised to work in the US.

By far the best option would be to file whilst he is still here, that would get him work authorised and Advanced Parole so he can come and go.

If he leaves he will need an immigrant visa to come back in, he should have no problems leaving.

Immigrant Visa's take about a year, maybe less. So you would need to start soon. How can you afford to do that if you can not afford to have him adjust in country.

Being Canadian he can possibly avoid a ban for illegal presence, but it my cause complications and seems an unnecessary risk.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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He can not work because he is not authorised to work in the US.

By far the best option would be to file whilst he is still here, that would get him work authorised and Advanced Parole so he can come and go.

If he leaves he will need an immigrant visa to come back in, he should have no problems leaving.

Immigrant Visa's take about a year, maybe less. So you would need to start soon. How can you afford to do that if you can not afford to have him adjust in country.

Being Canadian he can possibly avoid a ban for illegal presence, but it my cause complications and seems an unnecessary risk.

He isnt working due to the fact he is not a citizen of the US. Which is why he wants to go back to canada. I have been doing all the working, but I dont make enough money to do the paperwork. Sorry for this question again but I need to make sure. He can go back to canada, get his stuff together and eventually come back right? Within a year I hope :) please say yes!!

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I am not a citizen and I can work in the US.

If you do not have the money how are you going to pay for the fees, meet the sponsorship requirements?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I am not a citizen and I can work in the US.

If you do not have the money how are you going to pay for the fees, meet the sponsorship requirements?

He will be working in Canada to make the money for his paperwork. He can work in Canada right? He is a Canadian citizen

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So you make enough to sponsor him but do not have enough to pay the fees.

I guess it would depend on how long it takes him to earn enough money to send to you to start the process going.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Would he not a have 10yr ban from entering and staying in the US for 2 yrs. Sure they didn't stamp his passport but he would have to list where he has been living, length of time in the US. He would not be able to lie about it on all the forms he has to file.


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Usually Canadians are admitted similar to students, for duration of status.

But it is a risk going that route.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Usually Canadians are admitted similar to students, for duration of status.

But it is a risk going that route.

Canadians admitted without a visa are treated like B2 visa holders - six month maximum stay.


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He will have no problems leaving. He won't be coming back before the year 2021 though, as the moment he leaves he will trigger the 10-year bar for overstaying for 1 year or longer.

And, no, the reason he can't find work is because he is not authorized to work and thus has to compete with illegal immigrants who pick strawberries for 3 bucks an hour. It has nothing to do with him not being a US citizen.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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He is Canadian, different rules.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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One of the most basic questions they ask upon reentry to Canada is "How long have you been out of the country?" Another basic question is "What is your status in the US?" So the reentry would go something like this:

Q: Where do you live?

If he answers "Canada" the next question is:

Q: How long have you been gone?

If he answers "the US" the next question is:

Q: What is your status in the US?

If he answers "Permanent Resident" the next question is:

Q: Let me see it.

Do you see where I'm going with this? He is going to be "caught" by the Canadians and reported to the Americans. He will then have a 10 year bar from reentering the US. In addition, the moment a Canadian is out of the country for 183 days, Canada deems them a non-resident. He will have to reestablish residency (in Ontario it's 3 months) in order to be eligible for things like health benefits. His best bet is to try to adjust status from within the US, and not to leave until it has been approved. Don't bother applying for Advance Parole with the I-485 because he won't be allowed reentry. Any material representation will get him a permanent ban. In other words.... don't lie. You may be interested in reading up/asking questions in the following two forums:

AOS From Work, Student, and Tourist Visas

Canada Regional Forum


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A recent Department of State cable has also clarified that Canadian citizens and Commonwealth citizens residing in Canada who enter the United States as visitors are to be treated as duration of status cases. This is because such aliens are not issued I-94's when then are admitted as visitors. The DOS cable is discussed in 76 Interpreter Releases 1552 (October 25, 1999).

http://www.americanlaw.com/exclud9A.html


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Edited for further research.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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