Help!

[Julie B. 2]

Hello,

I am an American living in Michigan. My fiance is Canadian and lives in Windsor. We would like to get married, and have my fiance move to Michigan. He visits me every weekend, since we only live 60 miles apart. We were wondering which visa to apply for. He would like to be able to commute to his job in Windsor while living in Michigan until he is legally able to find work in Michigan. Also, he has a son and an elderly mother who live in Windsor, who he would like to visit as often as possible. It seems as though a CR1 is the way to go due to the travel restrictions, but how does he legally cross the border "without the intent to marry?" issue. It would be fine if we could marry in the US, he could live in Windsor while our paperwork is being processed and work his current job. The only problem would be travel restrictions to the US since I have sole custody of my 3 kids, and can rarely travel to Canada. Please give any and all advice, and thank you in advance.

Julie

[newlyweds2010 208]

there is no "intent to marry" issue. the problem is rather the "intent to stay after marriage" without the proper visa. he can certainly go to MI, you two get married, he drives back the next day (not the same, assuming that you had some booze at the party, and it's not safe to drive after drinking), then you file for the CR-1. no problem, and absolutely legal.

Edited August 19, 2011 by newlyweds2010

[Ryan H 3,796]

He would like to be able to commute to his job in Windsor while living in Michigan until he is legally able to find work in Michigan.

Entry on a CR-1 results in a green card on arrival in the form of an I-551 stamp, he can look for work in Michigan right away.

but how does he legally cross the border "without the intent to marry?" issue.

There is nothing illegal about coming to the US intending to get married as long as he returns when his authorized stay expires. You two can get married in the US and he can return to Windsor while your paperwork is being processed.

PS: Ask a mod to move your thread to either Canada regional forum or IR-1/CR-1 forum, you can do that by clicking on the "report" button on the lower left corner of your original post. You will get answers that are germane to your questions in either one of those forums.

Edited August 19, 2011 by Ryan H

[SF2007 48]

Be aware that entry in the U.S. is not guaranteed during the process, even if you legally apply on the proper visa, and it will take about a year for him to get his visa. A lot of people, including Canadians, are denied entry every year during their visa process. It's always up to the custom officer. And some get cold feet when they hear you'll be visiting your better half across the border and you have plans to move across the border. Make sure he always carries both proof of residence and employment in Canada when he visits you. Should he ever be denied entry, it won't hurt the visa application as long as he tells the truth.

Good luck!

[Julie B. 2]

Be aware that entry in the U.S. is not guaranteed during the process, even if you legally apply on the proper visa, and it will take about a year for him to get his visa. A lot of people, including Canadians, are denied entry every year during their visa process. It's always up to the custom officer. And some get cold feet when they hear you'll be visiting your better half across the border and you have plans to move across the border. Make sure he always carries both proof of residence and employment in Canada when he visits you. Should he ever be denied entry, it won't hurt the visa application as long as he tells the truth.

Good luck!

If he does get denied entry for some reason, would he be able to try again? We know that it depends on the customs officer he gets, but we have 2 entry spots here in Detroit and maybe if he gets denied at the bridge he could cross at the tunnel?

[Harpa Timsah 13,258]

If he has a long history of visiting often and returning, then he should have proven himself through his record and he should have less trouble crossing because of it. While his visa is pending, he can also show his proof of application to show that he is going through the correct process.

[SF2007 48]

If he does get denied entry for some reason, would he be able to try again? We know that it depends on the customs officer he gets, but we have 2 entry spots here in Detroit and maybe if he gets denied at the bridge he could cross at the tunnel?

They compile everything and scan passports nowadays. No matter where he would try next, once he got denied, he's flagged in the system. He can try again but he would need more proof than the last time (and a more lenient officer). Trust me, I had to turn around in Detroit a little over a year ago and I had quite a few proofs I would go back to Canada when I said I would and they still wouldn't let me go visit. I had a long history of visiting too and it made no difference.

I'm not saying he should stop visiting. Just keep in mind it is a possibility that one day, he might be denied entry. And absolutely bring as much proof of ties to Canada as he possibly can For instance, in addition to a lease and pay stubs, he could have a letter from his employer saying he's expected back by 00/00.

Edited August 19, 2011 by SF2007

[frostiana 12]

They compile everything and scan passports nowadays. No matter where he would try next, once he got denied, he's flagged in the system. He can try again but he would need more proof than the last time (and a more lenient officer). Trust me, I had to turn around in Detroit a little over a year ago and I had quite a few proofs I would go back to Canada when I said I would and they still wouldn't let me go visit. I had a long history of visiting too and it made no difference.

I'm not saying he should stop visiting. Just keep in mind it is a possibility that one day, he might be denied entry. And absolutely bring as much proof of ties to Canada as he possibly can For instance, in addition to a lease and pay stubs, he could have a letter from his employer saying he's expected back by 00/00.

The best thing is to make a binder with all his personal information. Put tab dividers and labels, for Residence (Lease or deed, etc.) Utilities, Employment, Medical (prescriptions and proof of visits to doctors in Canada), Income tax statement, any cheques from the Canadian government such as GST refund... anything to prove your ties to Canada. I carry it every time I cross the border and it makes it so easy for the border people should they ask. In fact I find it way easier than a file cabinet now... every year just start a new binder.

Hope this helps