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_mike_

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Hi there,

I've been reading and searching the internet/this forum and I'm not sure if I'm posting in the correct section, so I'll start off by apolozing if I'm not. But everyone seems very informative and helpful so I thought why not ask away.

I'm a Canadian citizen on a 1 year TN Visa. I plan on renewing my Visa if my contract is extended each year and continue to work down in the US. My girlfriend is also a Canadian citizen and we are confused about the visiting processs. From my understanding she can visit for up to 30 days without any type of Visa. If she crosses back for a weekend, does this give her another 30 day visit in the US? Will they question why she keeps coming down her?

Our realistic plan is for her to live here and me support her. However, we are not engaged yet and don't want to rush marriage for the wrong reasons. I've done a little reasearching on the Visiting Visa (I-94 ?) which can give her visting priveledges up to 3 months, but how can she stay down here for a lengthy amount of time?

She does not have a Canadian passport and flies down visting bi-weekly now. She either flies from a Canadian airport going thru customs there, or drives across the border and flies from an American airport (Buffalo, NY or Detroit, MI).

When she flies down, can she simply tell the border that she's staying with friends for a week? Will they know shes been gone 3, 4 or 5 months at a time upon her return, even if it's by car?

She does not meet the TN requirements and she currently does her schooling online (distance correspondance) through a Canadian college. I will not be applying for US citizenship.

Any advise would be greatly appreciated,

Thanks!

Edited by _mike_

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Hi Mike,

As a Canadian citizen, one can visit the US for up to 6 months in a calendar year or at a time, whichever comes first. This is legal.

HOWEVER - If when your GF crosses the border she says that she is going to live with her BF for 6 months, you better believe that she will be detained, questioned and possibly denied entry. It's best not to lie to CBP, however, you are not required to spill your life story to them.

Just tell her to be careful when crossing not to take anything with her to make them think she is relocating, i.e. household goods - 12 suitcases etc.

Good luck!

Mo


timeline.gif

Full timeline can be seen in my profile

PAST - From K-1 to Citizenship (a love story)
K-1: Aug 12, 2006 to Jan 17, 2007 - mailed I-129F
AOS: Feb 26, 2007 - Jul 26, 2007
REMOVING CONDITIONS: May 4, 2009 - Oct 3, 2009
CITIZENSHIP: Nov 27, 2012 - May 9, 2013

Note: I immigrated from Canada, not T&T - the timeline is reflective of this.

PRESENT - IR-5 Story (reuniting a family)
I-130 for Parents - 2013
Aug ?? - mailed I-130 packages for both mother and father
Sept 10 - NOA1 date
Sept 16 - NOA1s received

2014

Feb 25 - got emails saying that the cases had been transferred to another office for processing

Feb 26 - got emails saying that the cases have been transferred to my local office for processing

Feb 28 - got emails saying that the cases have been transferred and are being processed

Mar 17 - got email, attached to one case number only, saying that my A number was changed relating to the I-130 filing

Mar 18 - got emails saying that the petitions are approved smile.png




Visit my website Dancing Light Stained Glass Studio to view my work.

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Canadians don't need a visa to visit, and we're allowed to stay 6 months(180 days to be exact) a year in the US, as far as my understanding goes. If she wants to stay for a few months, I recommend being as honest as possible, though I don't know if they have any way of knowing how long she has been gone. She will need to have proof of ties to Canada(a job, a lease, bills, going to school) if they think she might be trying to live there illegally. Here is some information from the US customs site: http://help.customs.gov/cgi-bin/customs.cf...amp;p_topview=1




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She's going to be required to have a passport by the end of the year, so she'd better get that ball rolling now. They will definitely be keeping track of her crossings and length of stays, and she could well be denied if she appears to be an immigration risk. She should be prepared to bring proof of ties to Canada... letter from her employer, lease/mortgage agreement, bank statements... etc.

And never, EVER, lie to US Customs Border Patrol.

Jen


8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

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And never, EVER, lie to US Customs Border Patrol.

Jen

Yeah, what Jen said. :yes:

Mo


timeline.gif

Full timeline can be seen in my profile

PAST - From K-1 to Citizenship (a love story)
K-1: Aug 12, 2006 to Jan 17, 2007 - mailed I-129F
AOS: Feb 26, 2007 - Jul 26, 2007
REMOVING CONDITIONS: May 4, 2009 - Oct 3, 2009
CITIZENSHIP: Nov 27, 2012 - May 9, 2013

Note: I immigrated from Canada, not T&T - the timeline is reflective of this.

PRESENT - IR-5 Story (reuniting a family)
I-130 for Parents - 2013
Aug ?? - mailed I-130 packages for both mother and father
Sept 10 - NOA1 date
Sept 16 - NOA1s received

2014

Feb 25 - got emails saying that the cases had been transferred to another office for processing

Feb 26 - got emails saying that the cases have been transferred to my local office for processing

Feb 28 - got emails saying that the cases have been transferred and are being processed

Mar 17 - got email, attached to one case number only, saying that my A number was changed relating to the I-130 filing

Mar 18 - got emails saying that the petitions are approved smile.png




Visit my website Dancing Light Stained Glass Studio to view my work.

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I know of no way that either of you can live here permanently without a visa.

In short, you can live here while you have your visa. If she comes visiting frequently at some point she will most likely get turned back.

Edited by rebeccajo

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I know of no way that either of you can live here permanently without a visa.

You (OP) didn't mention marrying and living here, but Rebecca is right. You can't apply for any of the visas we discuss here as the petitioner must be a US citizen.


8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

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Our realistic plan is for her to live here and me support her.

Tried to add this quote to the tail end of my other post and Jen got in the queue ahead of me! LOL

Edited by rebeccajo

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Our realistic plan is for her to live here and me support her.

:blush:

Not so realistic, then, given the current circumstances.

Sorry - It's late... my mind is elsewhere. Gotta wake David up in his hotel in 30 mins.. he has an appointment with a Consular official :P


8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

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Our realistic plan is for her to live here and me support her.

:blush:

Not so realistic, then, given the current circumstances.

Sorry - It's late... my mind is elsewhere. Gotta wake David up in his hotel in 30 mins.. he has an appointment with a Consular official :P

Oh my gosh!!!! GOOD LUCK!!

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Our realistic plan is for her to live here and me support her.

:blush:

Not so realistic, then, given the current circumstances.

Sorry - It's late... my mind is elsewhere. Gotta wake David up in his hotel in 30 mins.. he has an appointment with a Consular official :P

Oh my gosh!!!! GOOD LUCK!!

:D Thanks. I'm strangely calm... and hoping that he did get some sleep. I'm not sure I'll be sleeping though. I'll be posting results as soon as I hear from him! The hotel across the street from the Consulate is keeping his bag for him, so he'll have his cell phone to text me... (he took the train to Frankfurt today so as not to chance any car problems, or directional issues :P )


8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

Share this post


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Our realistic plan is for her to live here and me support her.

:blush:

Not so realistic, then, given the current circumstances.

Sorry - It's late... my mind is elsewhere. Gotta wake David up in his hotel in 30 mins.. he has an appointment with a Consular official :P

Oh my gosh!!!! GOOD LUCK!!

Good luck on the interview!!

:D Thanks. I'm strangely calm... and hoping that he did get some sleep. I'm not sure I'll be sleeping though. I'll be posting results as soon as I hear from him! The hotel across the street from the Consulate is keeping his bag for him, so he'll have his cell phone to text me... (he took the train to Frankfurt today so as not to chance any car problems, or directional issues :P )


K1 Journey:

April 13/06 NOA1 from NSC

June 1/06 - Moved to CSC

August 12/06 APPROVED - NOA2!!

August 28/06 Left NVC. . . Vancouver Bound!

September 27/06 Interview APPROVED, with visa in hand

October 29/06 Moving Date

December 30/06 Married!!

AOS Journey:

January 16/07 Sent out AOS, EAD, and AP docs

January 23/07 NOA1's for AOS, EAD and AP

February 13/07 Biometrics in Portland, OR

April 7/07 EAD and AP Received

April 24/07 Interview Scheduled . . . and APPROVED, stamp and all!

May 7/07 Greencard is in my hands!

ROC Journey:

February 17/09 Sent I-751 to CSC

February 18/09 NOA1

March 14/09 Biometrics appt.

April 22/09 Date of Approval!!

June 25/09 Greencard arrives in the mail!

*Everything I post is just my .02 cents, seek a lawyer for anything beyond that.*

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When she flies down, can she simply tell the border that she's staying with friends for a week? Will they know shes been gone 3, 4 or 5 months at a time upon her return, even if it's by car?

She does not meet the TN requirements and she currently does her schooling online (distance correspondance) through a Canadian college. I will not be applying for US citizenship.

hi mike,

There is a 'B' status admission for partners of certain non-immigrants.. it sounds as if your GF might fall into that category. She can come to the US and hang out, but she can't work. The admissions are normally granted in 6 months chunks, so she gets a visit home a couple of times per year. I don't know if a Canadian would need a physical B visa for this or not.

Considering the unusual nature of your question, I think you'd be well served by talking to a couple of attorneys familiar with both TN and B visas in this use.

hth!


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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If you marry your girlfirend, she will be permited in the US with a TD status. That status only allows a spouse to be in the US.. they do not have work permission.

Canadians are not eligible for B visas by treaty (they can't even be issued them). She will have to prove that she has stronger ties to Canada than she does to you each and every time that she enters the US. Let me tell you, the more frequent and longer she stays, the more and more probable that she will be denied entry and once she's been denied entry.. well... good luck on getting back to the US anytime soon..

Her frequent visits as a B-2 status are not a long term way to go...

Those are your choices... think long and hard...


Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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If you marry your girlfirend, she will be permited in the US with a TD status. That status only allows a spouse to be in the US.. they do not have work permission.

Canadians are not eligible for B visas by treaty (they can't even be issued them). She will have to prove that she has stronger ties to Canada than she does to you each and every time that she enters the US. Let me tell you, the more frequent and longer she stays, the more and more probable that she will be denied entry and once she's been denied entry.. well... good luck on getting back to the US anytime soon..

Her frequent visits as a B-2 status are not a long term way to go...

Those are your choices... think long and hard...

hmm, I was riffing off the B visas issued to UK (the examples I'm thinking of) worker folk who come over. There must be some similar option for Canadians that does more than 'good luck' to ensure her multiple entries?


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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