Living together during the application process? visiting?

[tatelee 2]

Me and my fiancee are a little bit confused as to whether or not we can live or even visit eachother during the application process. He is American and I am Canadian. Once we are married, and start the process are we able to live together in Canada until I get my American Green Card? I didn't think this was possible, but was just reading some timelines on VJ and came across a couple that went that route. They just had to prove that they had an american residence to go back to, and that he was already employed in the states. Also, if not...can we at least visit eachother? I keep reading conflicting information. Some places say only he can visit me in Canada, some say we can't visit at all, and some say we can both visit eachother but I just may be turned away at times when trying to enter the states. Please help! Thanks everyone!

[canadian_wife 1,791]

Visit...yes, Live...no. He may visit you in Canada or you may visit him in the US and stay until the authorized stay expires. Filing a petition does not entitle additional visit time in either US or Canada

Good luck

[grrrrreat 109]

Me and my fiancee are a little bit confused as to whether or not we can live or even visit eachother during the application process. He is American and I am Canadian. Once we are married, and start the process are we able to live together in Canada until I get my American Green Card? I didn't think this was possible, but was just reading some timelines on VJ and came across a couple that went that route. They just had to prove that they had an american residence to go back to, and that he was already employed in the states. Also, if not...can we at least visit eachother? I keep reading conflicting information. Some places say only he can visit me in Canada, some say we can't visit at all, and some say we can both visit eachother but I just may be turned away at times when trying to enter the states. Please help! Thanks everyone!

Theoretically you can visit him in the U.S. any time, but each time you have to convince the border official that you intend to return to Canada before the authorized stay expires. This is because (1) U.S. law does not permit you to immigrate to the U.S. without an immigrant visa, and (2) visitors are required to overcome a presumption that they intend to stay in the U.S.

This is perfectly easy for most Canadians, but often gets harder after you marry a U.S. citizen because that raises suspicion that you'll simply stay in the U.S. So, you should bring evidence of ties to Canada and be prepared to explain your intent to return home. If you have an apartment or house there, bring a lease or mortgage. If you have a job but are taking some time off to visit, carry a letter from your employer stating when you are expected back at your job. If you are student on a break, carry papers showing your registration for next term. The people that have had the most difficulty visiting are people without their own house, bills, job, cars or school, who do not have any ties to Canada.

Some people were turned back once at a particular crossing, but have been able to come at later times through different crossings. Some people have been turned back and were never able to enter again after that until they obtained an immigrant visa.

If you look around this form and in the regional forum for Canada, you will be able to read different stories. You say you read conflicting information but what I think you were reading is different people's experiences, based on their own personal circumstances and based on their interactions with different border officers.

You haven't told us much about your personal circumstances so we couldn't predict whether you will have problems visiting. As far as "living together", U.S. immigration law doesn't care where or with whom you stay while you're visiting the U.S. What it does care about is whether you are crossing the border with the intent to stay in the U.S. permanently.

Edited May 31, 2012 by grrrrreat

[tatelee 2]

Hi guys! I'm really confused as to whether or not me and my fiancee can live together in Canada, while I await my American Cr-1/IR-1 Visa (once we get married of course.) So, this is our sitution.

We are lucky to live in border towns and each have a NEXUS card. I live and work in Canada, and he lives and works in the states. Now, once we are married, would he be able to come and live with me temporarily (the limit is 6 months I belive?) until I get my Visa? He would be keeping his place down there, so we have somewhere to move to. He would also be keeping his job down there, which would also mean he would be crossing the border and back 5 days a week (I dont know if that would be a problem for him?)

Are we able to do this, or would I be denied my visa because we were living together? He would be moving back to his permanent residence as soon as the 6 months are up, and then we would just be living together in his US residence on weekends when we both are not working.

Or is this risky and it is better for him to keep living in the States, me in Canada, and then just visit on weekends until I get my Visa?

Thanks!!

[Sandra G. 5,021]

Plan to visit each other on weekends. I doubt he will be able to cross every single day the border without any problem, soon or later the Canadian Immigration won't allow him to enter in Canada, otherwise most Canadian living near the U.S border would move to USA and work in Canada, or most of the Americans would move to Canada and keep working in the USA. Tell him not to take any chances,he can have some problems crossing the border every day.

Edited May 31, 2012 by sandranj

[Ryan H 3,795]

Moved from IR-1/CR-1 Process & Procedures to Canada regional forum; topic is country specific.

Edited May 31, 2012 by Ryan H

[Udella&Wiz 325]

Me and my fiancee are a little bit confused as to whether or not we can live or even visit eachother during the application process. He is American and I am Canadian. Once we are married, and start the process are we able to live together in Canada until I get my American Green Card? I didn't think this was possible, but was just reading some timelines on VJ and came across a couple that went that route. They just had to prove that they had an american residence to go back to, and that he was already employed in the states. Also, if not...can we at least visit eachother? I keep reading conflicting information. Some places say only he can visit me in Canada, some say we can't visit at all, and some say we can both visit eachother but I just may be turned away at times when trying to enter the states. Please help! Thanks everyone!

US immigration isn't going to prevent him from visiting you in Canada and neither are they going to prevent you from visiting the states but both of you will need to prove you both have ties to the country you're from - US(Him) or Canada(for you) to ensure the border guards understand you are not trying to move but you are just visiting.

Canada is not a high fraud country but you still need to bring ties to prove you're retuning after your visit. Lease, employement letter, bills etc.... The US border can turn you away any time they like...visiting is not a right but a priviledge.

On the bright side most of us have visited during the VISA process without any problems. Some of us have been pulled into secondary and alloowed to continue after showing ties and some have been turned back once, but successfully visited on later trips when they could show better ties

[jazzly 3]

Visiting over the weekend is very normal for fiance cases. And if you plan to go on vacation in States with your fiance for a week or two, that is also not a problem. Just be honest and keep your hotel booking or address of a friend or relative where you will be visiting during vacation period ready. They do understand, as they are human too. They just need surety that you will return back in reasonable time. If you or he tries to trick them and stay longer periods or cross border too often, they will catch it in just a matter of time and may ask you to go back to your country. This has happened to a newly wed couple few years back and they were restricted, until the immigration is completed. The immigration took too long because of this very reason.

[Ontarkie 13,939]

I think some post you read where they both lived in Canada and filing a spousal visa. For that the UCS had to have legal status such as Permanent resident in Canada or some sort of work visa. You can't just do it when they come over to visit. You can start the paper work, send it in and such while you two are together visiting just be sure to not over stay your visit.

[grrrrreat 109]

I think some post you read where they both lived in Canada and filing a spousal visa. For that the UCS had to have legal status such as Permanent resident in Canada or some sort of work visa. You can't just do it when they come over to visit. You can start the paper work, send it in and such while you two are together visiting just be sure to not over stay your visit.

I think you're confusing different issues. To file a I-130 with USCIS, the U.S. citizen and Canadian spouse do not have to be living in the same country, and the U.S. citizen does not have to be a permanent resident of Canada. At some overseas USCIS field offices, you can directly file a I-130 and application for an immigrant visa if the U.S. citizen has been legally resident in the country where the office is located, but this does not apply to Canadians as Canada does not have an overseas USCIS office.

[Ontarkie 13,939]

I think you're confusing different issues. To file a I-130 with USCIS, the U.S. citizen and Canadian spouse do not have to be living in the same country, and the U.S. citizen does not have to be a permanent resident of Canada. At some overseas USCIS field offices, you can directly file a I-130 and application for an immigrant visa if the U.S. citizen has been legally resident in the country where the office is located, but this does not apply to Canadians as Canada does not have an overseas USCIS office.

I'm not confusing issues, she said she read post where the USC had to return to the US get a job and home before they relocated. She read about DCF, when you could do DCF in Canada the US spouse had to have legal status in Canada not just be a visitor. I was pointed that out, and how they could not just live together. Sorry if I wasn't clear.

[grrrrreat 109]

I'm not confusing issues, she said she read post where the USC had to return to the US get a job and home before they relocated. She read about DCF, when you could do DCF in Canada the US spouse had to have legal status in Canada not just be a visitor. I was pointed that out, and how they could not just live together. Sorry if I wasn't clear.

Possibly OP was reading about DCF, but DCF isn't available anymore. We don't disagree but just didn't want to leave a potentially confusing answer out there.

I actually think it's equally possible that OP was reading about requirements for the I-864, where a U.S. citizen spouse temporarily residing abroad or with intent to reestablish domicile in the U.S. and with U.S. income can still be a sponsor even if they are not in the U.S. when the I-864 is filed. Even if the U.S. citizen is permanently living in Canada, you can get a U.S. domiciled individual to act as a co-sponsor.

In any case, there's no requirement that the U.S. citizen spouse be currently living in the U.S., in Canada, or in any other country when the I-130 is filed. However, it may affect the ability of the U.S. citizen to be a sponsor on the I-864 when it's time to submit that to the U.S. consulate in Canada.

Edited May 31, 2012 by grrrrreat

[Ontarkie 13,939]

She asked if they can live together, if not can they visit each other. Yes they can visit, no they cannot live together.

Edited May 31, 2012 by Ontarkie

[grrrrreat 109]

She asked if they can live together, if not can they visit each other. Yes they can visit, no they cannot live together.

Your statement is confusing because it implies that "living with" the U.S. citizen partner is somehow relevant, when it isn't. Only the alien's intent to remain permanently in the U.S. or not is relevant, and cohabiting with a U.S. citizen partner does not disqualify you from maintaining visitor status: "Posts are reminded that B-2 classification is appropriate for cohabitating partners. . . provided the alien is able to overcome INA 214(b)." (Department of State Cable.) Basically, cohabiting with a partner does not disqualify you from maintaining visitor status, as long as you can prove that you do not intend to immigrate under section 214(b).

Specifically, OP's question asked about whether she can cohabit with her spouse while applying for the immigrant visa. The answer is yes, as long as she can prove that she does not intend to immigrate. Plenty of people have cohabited in visitor status for several months while the I-130 is pending, and then returned to their home country before expiration of the visitor status to await approval of the I-130 and processing of the immigrant visa.

Your statement should say "no they cannot live together on a permanent basis". Whether OP lives with her partner or at stays at a hotel during her visit is immaterial.

[Ontarkie 13,939]

Edited May 31, 2012 by Ontarkie