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Cami94

Canadian wanting to visit USA for 6 months then apply for visa

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Filed: K-1 Visa Country: Canada
Timeline

Hey everyone! So this'll be kinda long, any help, advice, past experiences is much appreciated!

I just returned from a 2 week trip visiting my fiance in Florida. It was my first time visiting him in the US, he's been here to visit me on 3 separate occasions in the past 2 years. I crossed the Peace arch border in BC by bus into Seattle then took a flight from Seattle to Florida. I returned home on October 6th. Of course I was very sad to leave..we have decided what we want to do and we hope we can minimize our time apart(crossing my fingers)I plan to return about a month from now and travel the same way, except this time I'm aiming to stay for 6 months, which I've heard is the maximum time allowed for a Canadian to stay in the US for one visit-correct me if I'm wrong. I want to travel there for that amount of time then apply for the K-1 visa when I arrive. So my questions are:

1.) Is this possible? Has anyone traveled to the USA for months at a time and THEN applied for the visa when they arrived? So they can be with their fiance for (hopefully) most of the waiting time? What is your experience with this?

2.) If its doable what do I tell the POE officer? I know its best to answer only the questions asked and not offer more information but I don't want to be shut down and turned away immediately once I say I'm visiting my fiance. I fully intend to return home after my trip and wait out the remainder of the visa process

3.) How do I prove I will return home? I currently have two part time jobs but I will have to quit them both before I leave. I live with my mother and she would be able to write a letter stating that this is my home and when I will be returning. The only proof of ties here I have is family and a bank account, without a job, is that not good enough proof?

On another note I'm wondering if its legal to extend my stay in the US? For example I say I'm traveling for 3 weeks and decided to stay for another 2 and re-book my return flight? I tried looking up this information during my trip but found no answers. I'm just looking for the best way that I can do this and not have to wait here a year without seeing my fiance. He has a full time job and wouldn't be able to visit me much, if at all here, and Id really like to get to know the place I may be calling my home once the visa is approved.

Thanks!


K1 VISA

01/15/2013-I-129f sent
01/17/2013-NOA1 date
02/01/2013-NOA1 hardcopy received
06/19/2013-NOA2 APPROVED!
07/11/2013-Case forwarded to DOS (took them long enough)
07/30/2013- Case received by Vancouver. Received packet 3 via email
08/16/2013-Received packet 4
09/09/2013-Medical
09/11/2013-Interview APPROVED!
09/23/2013-POE YVR airport
10/22/2013-Marriage

ADJUSTMENT OF STATUS

01/23/2014-Filed for Greencard
02/10/2014-NOA1 received
03/12/2014 RFE :(

03/18/2014-Biometrics
05/20/2014 Work permit received
July 2014 interview and approval! Received green card!

August 2014 found job!


and the journey continues....

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

It's totally up to the border crossing guards whether or not they allow you in. In my opinion, your ties to Canada are not very strong and you'll have to convince the CBP guard that you DO intend to return to Canada. Add to that his/her knowledge that you have a USC fiance, well that *could* be a reason they might turn you back OR limit the time you are allowed into the US.

Of course, you might not run into any issues at all and be allowed in, no problems.

But, it's my opinion that you may face some difficulties. Good luck with everything.

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Filed: Citizen (apr) Country: Argentina
Timeline

It's totally up to the border crossing guards whether or not they allow you in. In my opinion, your ties to Canada are not very strong and you'll have to convince the CBP guard that you DO intend to return to Canada. Add to that his/her knowledge that you have a USC fiance, well that *could* be a reason they might turn you back OR limit the time you are allowed into the US.

Of course, you might not run into any issues at all and be allowed in, no problems.

But, it's my opinion that you may face some difficulties. Good luck with everything.

Correct. But, in the event they let you in and everything is alright, YES, you can file the visa while visiting the US and you can stay for as long as CBP let you stay. No problem at all with that.

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I have been going back and forth now since 2009. We are now just a couple of weeks from our wedding. I would go across and stay for the summer but this last trip I did I went down in Feb until end of April but returned again in May. We put in our K1 (second attempt Feb 17) I stayed until Aug 26 because my 6 months across the border were done.I always carried documentation of my ties to Canada but the last time I went across they asked only 2 questions

1) where was I go going?

2) why?

I considered myself lucky took my passport from the gentleman and got out of there before they asked me something else..lol But NEVER tell a lie.

Good luck on your journey.

Even though most of the waiting was done together I have been back in Canada now almost two months. Keep in mind that VSC rus slower than CSC.

Terri


Fiance visa

04/28/2011 - I-129F - DENIED

02/18/2012 - I-129F petition filed
02/24/2012 - NOA1
09/04/2012 - NOA2, 193 days

Interview:10/22/2012
POE: 10/26/2012 (245 days)

Removal of Conditions

Filed for ROC - 06/09/2015

NOA1 for ROC - 06/12/2015

Biometrics appointment - 07/17/2015

Approval for ROC - 04/20/2016 (316 days)

Naturalization Process

N-400 Filed 06/10/2016

N-400 NOA1 06/14/2016

N-400 biometrics 06/20/16

N-400 interview 01/23/2017

N-400 Oath ceremony 02/10/2017

Immigration Process took 2116 days.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Before my visa was issued, I used to go to the US alot too. As a Canadian, it wasn't scrutinized as closely as it would have been had I been from another country. *BUT* eventually, on my like 6th trip in a year, I DID catch the eye of a CBP officer, he put me in secondary, started checking into just how many times I had been crossing and how long each trip was. When questioned, of course I didn't lie and that was when I was told not to try to cross again for, at minimum 6 months and when I tried again to bring VERY strong proofs of my life in Canada and why I'd be returning.

So I guess what I'm saying is, you might get across with no issues whatsoever but be prepared to be questioned and possibly denied entry.

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Before my visa was issued, I used to go to the US alot too. As a Canadian, it wasn't scrutinized as closely as it would have been had I been from another country. *BUT* eventually, on my like 6th trip in a year, I DID catch the eye of a CBP officer, he put me in secondary, started checking into just how many times I had been crossing and how long each trip was. When questioned, of course I didn't lie and that was when I was told not to try to cross again for, at minimum 6 months and when I tried again to bring VERY strong proofs of my life in Canada and why I'd be returning.

So I guess what I'm saying is, you might get across with no issues whatsoever but be prepared to be questioned and possibly denied entry.

Yes I was pulled into secondary once but showed all my ties to Canada and was told to enjoy my summer but I would not make it through again. He stamped my passport with a B2 stamp and wrote in a date I had to leave by. I made it through several more times without incident.

But you just never know., It is a little nerve wracking to be sure.


Fiance visa

04/28/2011 - I-129F - DENIED

02/18/2012 - I-129F petition filed
02/24/2012 - NOA1
09/04/2012 - NOA2, 193 days

Interview:10/22/2012
POE: 10/26/2012 (245 days)

Removal of Conditions

Filed for ROC - 06/09/2015

NOA1 for ROC - 06/12/2015

Biometrics appointment - 07/17/2015

Approval for ROC - 04/20/2016 (316 days)

Naturalization Process

N-400 Filed 06/10/2016

N-400 NOA1 06/14/2016

N-400 biometrics 06/20/16

N-400 interview 01/23/2017

N-400 Oath ceremony 02/10/2017

Immigration Process took 2116 days.

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Filed: K-1 Visa Country: Canada
Timeline

Thanks everyone for your replies! It's gonna be difficult but I got a shot at it so I have to try. I'm wondering If anyone knows what the difference between passing customs at the airport or by land would be? Is it relatively the same..or more strict? I'm thinking I might leave from the airport here and pass customs before I board, rather than bussing across the border.


K1 VISA

01/15/2013-I-129f sent
01/17/2013-NOA1 date
02/01/2013-NOA1 hardcopy received
06/19/2013-NOA2 APPROVED!
07/11/2013-Case forwarded to DOS (took them long enough)
07/30/2013- Case received by Vancouver. Received packet 3 via email
08/16/2013-Received packet 4
09/09/2013-Medical
09/11/2013-Interview APPROVED!
09/23/2013-POE YVR airport
10/22/2013-Marriage

ADJUSTMENT OF STATUS

01/23/2014-Filed for Greencard
02/10/2014-NOA1 received
03/12/2014 RFE :(

03/18/2014-Biometrics
05/20/2014 Work permit received
July 2014 interview and approval! Received green card!

August 2014 found job!


and the journey continues....

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Filed: Citizen (apr) Country: Canada
Timeline

******Moved to the Canada forum from K-1 Fiance(e) Visa Process & Procedures as this topic is more about visiting for the time being and not a K-1 question. ******


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Really comes down to the POE officer! Anytime you stay for an extended amount of time, it is most likely going to raise eyebrows and further questions--but it may not!! Going down for a week or two, probably no questions asked, staying for 6 months, different story.

Edited by Flames9_RN

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Staying for 6 months shows you do not have strong ties to Canada. It shows you have stronger ties to the US. So don't assume there is a magic pass for Canadians.

As others have stated, it's all about intent and past visit history. Don't try to game the system. Just answer honestly and consistently.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Citizen (apr) Country: Canada
Timeline

You are also supposed to spend at least as much time outside of the US as inside the US as a visitor and 6 months is the magic line that you cross where you will run into trouble both with your Canadian Provincial health insurance and the IRS. If you are in the US for more than 6 months in any one year, you are required to prove you have maintained closer ties to Canada or else you are required to file a US tax return - and possibly pay taxes. Also, once you are out of Canada more than 6 months even as a visitor your health insurance is cancelled and you will have to re-establish residency upon your return, which may involve a 90 day wait.

The 6 month visit generally applies for snowbirds who own property in the US and are retired - spending 5 to 6 months during the WInter in the US and returning to Canada for the summer months. They own property in both places and receive monthly income from pensions and retirement plans. They have travel insurance to supplement their provincial health insurance. As a young woman with few ties to Canada expressing a desire to visit for an extended period, you can expect the US border authorities to question your motivation to return to Canada - you have stronger ties to the US to Canada - and they may well turn you back.

You would be better advised to do a series of shorter visits with longer time spent in Canada in between than trying to spend such an extended period of time all at once in the US.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Filed: K-1 Visa Country: Canada
Timeline

I would agree with the "take shorter visits if possible, rather than one long visit". I cross into Canada every 3-4 weeks. Sometimes they ask me more questions than others. Just never lie to them.

One thing I learned, is that if you have a DEFINITE date of return...say you are coming to the USA on November 1st and want to stay 6 months, have a certain date you are leaving. Such as May 1st or April 28th. Sometime within that 6 months window. Make sure you book a round trip flight. Having just a one way (even though may be cheaper) is not going to look good at the border.

I hope everything works out. Please let us know how it goes. #1 Rule: Never Lie to CBP though.

Edited by amberlynnloves

K-1 VISA ADVENTURE:
04-01-2012: Engaged in Detroit, Michigan at Comerica Park!
USCIS
05-02-2012: Sent I-129F to Dallas Lockbox
05-14-2012: Received Physical NOA1
08-09-2012: Received Physical NOA2
Montreal Embassy
08-21-2012: Package 3
09-06-2012: Package 4
11-12-2012: Medical in Toronto, Ontario (Approved-Went Well! Tip: Make sure you have ALL of your vaccinations up to date when you go to your medical exam! It CAN delay things.
11-19-2012: Interview in Montreal (APPROVED!!)
11-21-2012: Received Passport and Visa Package Back From Montreal (DHL/LOOMIS OPENED OUR SEALED ENVELOPE! SENT BACK TO MONTREAL ON 11-23-2012 TO BE RESEALED)
12-04-2012: Recevied resealed Visa package from Montreal
12-23-2012: POE: Port Huron, Michigan (Everything Went Great!)
02-16-2013: Wedding Date! We're MARRIED!

AOS

06-18-2013: Sent AOS Package to Chicago Lockbox

06-20-2013: USPS Estimating Package Should Arrive in Chicago

06-24-2013: Received NOA Text and Emails for All Applications

06-27-2013: Received Physical NOAs for AOS, EAD and AP

07-16-2013: Biometrics Appointment

07-29-2013: I-485 Ready for Interview to Be Scheduled!!! YAY!!!! (No EXTREMELY Long Wait!)

08-02-2013: Received Mail with Interview Date!

09-03-2013: Interview in Detroit, Michigan (APPROVED!)

09-04-2013: EAD/AP Approved! (Even though it no longer matters because GC was approved the day before)

09-09-2013: Green Card mailed out via USPS 2-Day Air

09-11-2013: Received 2 Year Conditional Green Card in the Mail

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Filed: K-1 Visa Country: Canada
Timeline

Thanks everyone, I think I will go for a shorter visit, I may have a better chance of staying then. 6 months is probably pushing it


K1 VISA

01/15/2013-I-129f sent
01/17/2013-NOA1 date
02/01/2013-NOA1 hardcopy received
06/19/2013-NOA2 APPROVED!
07/11/2013-Case forwarded to DOS (took them long enough)
07/30/2013- Case received by Vancouver. Received packet 3 via email
08/16/2013-Received packet 4
09/09/2013-Medical
09/11/2013-Interview APPROVED!
09/23/2013-POE YVR airport
10/22/2013-Marriage

ADJUSTMENT OF STATUS

01/23/2014-Filed for Greencard
02/10/2014-NOA1 received
03/12/2014 RFE :(

03/18/2014-Biometrics
05/20/2014 Work permit received
July 2014 interview and approval! Received green card!

August 2014 found job!


and the journey continues....

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Thanks everyone, I think I will go for a shorter visit, I may have a better chance of staying then. 6 months is probably pushing it

Always go for a shorter visit...then out of the blue decide to stay longer..as long as the POE officer didn't put a date when you must return!!


Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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Filed: K-1 Visa Country: Canada
Timeline

Always go for a shorter visit...then out of the blue decide to stay longer..as long as the POE officer didn't put a date when you must return!!

Thats what I was wondering! When I went for my 2 week visit, my passport wasn't stamped, nothing indicating that I had a specific amount of time there or had to leave by a certain date. I didn't know If it was legal to extend my stay, within the 6 month range


K1 VISA

01/15/2013-I-129f sent
01/17/2013-NOA1 date
02/01/2013-NOA1 hardcopy received
06/19/2013-NOA2 APPROVED!
07/11/2013-Case forwarded to DOS (took them long enough)
07/30/2013- Case received by Vancouver. Received packet 3 via email
08/16/2013-Received packet 4
09/09/2013-Medical
09/11/2013-Interview APPROVED!
09/23/2013-POE YVR airport
10/22/2013-Marriage

ADJUSTMENT OF STATUS

01/23/2014-Filed for Greencard
02/10/2014-NOA1 received
03/12/2014 RFE :(

03/18/2014-Biometrics
05/20/2014 Work permit received
July 2014 interview and approval! Received green card!

August 2014 found job!


and the journey continues....

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