Wife Returning to US with Canadian Husband

[Elkazan81 1]

Hi Everyone,

My wife, a US Citizen, and I, a Canadian Citizen, met online back in 2004. We started "dating" in 2006 and this included regular visits between our countries. In 2009, I proposed to her during a visit. We decided to make a go for it and she left her life behind so she could move to Canada with me. At the time, we told the border agent that the plan was for her to stay the maximum of six months. We weren't lying, as we were still undecided where our life would "settle"

During that six month period, we crossed our T's and dotted our i's and made sure to continuously apply for extentions to her visitation. In late 2010, we tied the knot and finally filed for permanent residency for her in Canada.

Almost a full 3 years later, the Canadian government has yet to approve her, and here is where the plot thickens;

She applied for and got a job back in the US. She is now moving back there and of course, I want to go with her. We want to be together. I've followed her lead and have taken steps to leave my life here in Canada behind.

What should we expect at the border? Since we're married and have plenty of documentation to back up all of our claims, will it be relatively painless? We intend for her to petition for me almost immediately upon arrival, but I'm worried they won't let me in.

Anyone been through this? Any responses would be most welcome.

Good day to you all.

[vegasbound 83]

Have you actually checked out the forum before posting your question?

If you did, you'll see that this very particular situation/question is being discussed almost on a regular basis.

No one is allowed to enter the US with the intention of becoming an immigrant unless you have the appropriate visa. In your case, the IR-1 (I-130 form).

It's a certainty that they will deny you entry at the border and ask your wife to file the I-130 while you wait in Canada. Worst case scenario is that they will flag your passport/file for attempting to game the system and adding difficulties along the immigration process for you.

Please don't take this as an intimidation but that is just how the US immigration system works.

Edited August 15, 2013 by vegasbound

[Harpa Timsah 13,260]

You cannot use a visitor visa to immigrate to the US, sorry.

[Elkazan81 1]

Have you actually checked out the forum before posting your question?

If you did, you'll see that this very particular situation/question is being discussed almost on a regular basis.

No one is allowed to enter the US with the intention of becoming an immigrant unless you have the appropriate visa. In your case, the IR-1 (I-130 form).

It's a certainty that they will deny you entry at the border and ask your wife to file the I-130 while you wait in Canada. Worst case scenario is that they will flag your passport/file for attempting to game the system and adding difficulties along the immigration process for you.

Please don't take this as an intimidation but that is just how the US immigration system works.

Perhaps I was unclear.

We don't intend to "game" the system, but to begin the I-130 process shortly with me still legally living in Canada while I visit (staying with her in the US) for the maximum of six months the way we did with her visiting in Canada.

I do appreciate your response.

[Cathi 5,849]

you cannot "follow" your wife when she returns, it isn't that easy. When she moves back to the US she can petition an I-130 for a cr1/ir1 spouse visa. You cannot move here until the visa has been issued. Moving here with her now with the intent to immigrate is visa fraud and carries a ban. I suggest you read and study the guides at the top of the page and educate yourself on the way immigration works in the US. "Visiting" in the US for 6 months at a time isn't considered visiting, even with your Canadian residency, you have to show strong ties to Canada, like a job in order to cross the border. You will be under increased scrutiny with CPB because of your marriage to a US citizen. Good luck.

Edited August 15, 2013 by mimolicious

[lost_at_sea 995]

If you want to do this the legal way, better get started on following this guide: http://www.visajourney.com/content/i130guide1

Entering the US on a tourist visa with immigrant intent would be visa fraud. People have done it - but the do so by showing it was on a whim etc. (sort of the reverse of what you did in Canada). The cost of it going wrong can be very severe (i.e. a 10 year US entry ban).

It may just be the explanation of what you want to do is unclear.

[Kathryn41 3,205]

Topic has been moved from Bringing Family Members of US Citizens to America to the IR-1/CR-1 Spouse Visa forum as the OP has indicated they will be filing the I-130.

[vegasbound 83]

Perhaps I was unclear.

We don't intend to "game" the system, but to begin the I-130 process shortly with me still legally living in Canada while I visit (staying with her in the US) for the maximum of six months the way we did with her visiting in Canada.

I do appreciate your response.

Once the I-130 is filed, the only way you can continue to visit your wife in the US would be for you to prove to the border agent that you still have "strong ties" to Canada. It can be anything from having a full-time job, property in Canada, and any other ties that would compel you to return to Canada after each visit. If you are going to stay in the US for 6 months, then you can no longer be considered visiting but actually living in the US.

Personally, I would suggest for you to continue to live in Canada and your wife can move to the US to establish a domicile. She should then file the I-130 and, depending on your situation in Canada, you can try to make a few shorter trips to visit her in the US within the 8 - 9 months for you get the IR-1 visa.

Good luck!

Edited August 15, 2013 by vegasbound

[Elkazan81 1]

Once the I-130 is filed, the only way you can continue to visit your wife in the US would be for you to prove to the border agent that you still have "strong ties" to Canada. It can be anything from having a full-time job, property in Canada, and any other ties that would compel you to return to Canada after each visit. If you are going to stay in the US for 6 months, then you can no longer be considered visiting but actually living in the US.

Personally, I would suggest for you to continue to live in Canada and your wife can move to the US to establish a domicile. She should then file the I-130 and, depending on your situation in Canada, you can try to make a few shorter trips to visit her in the US within the 8 - 9 months for you get the IR-1 visa.

Good luck!

Yes. Still living in Canada at the time of this writing and my wife has already established a domicile in the US.

Again, the plan is to visit for 6 months (Canada & the US have a mutual agreement on this maximum length of stay) as the paperwork for the I-130 is filed.

I appreciate your input.

[Glyn and Kathy 288]

I think what everyone is trying to tell you is, once you file, you had better be able to prove you aren't intended to immigrate during your visit. Just because there is an agreement with Canada and the US, it doesn't mean that border control will let you in if they think you're planning on staying longer. You won't necessarily be denied, but its always good to go prepared showing you still have ties in Canada and that you'll be returning there until your visa is approved.

[Operator 1,927]

I've followed her lead and have taken steps to leave my life here in Canada behind.

This statement right here is what's called immigration intent. I'm not saying it's a bad thing, hell it's what this forum is all about.

The problem for you is that if you cut your ties and try to "visit" with your wife before you have a visa you might get disappointed at the border.

I've read 3 posts since yesterday with the same story-line, I guess geographic proximity is just very tempting.

My thoughts are this, think about your plan very carefully. Study the rules, be patient and be thankful you are on the same continent and within a couple of time zones of each other.

[amberlynnloves 125]

1. If you visit the US for 6 months at a time, you'd then have to prove you still have a full time job, a house, a lease, SOMETHING that would make you want to go back to Canada after that 6 months. If you do not have this, you will not be allowed to enter or they will give you an I-94 with a set expiration date lesser the 6 months.

2. You need to stay in Canada while doing the I-130 spousal visa. Your wife will have to prove domicile...house, job, etc.

3. IF you decide to come to the US for 6 months and then AOS you are committing visa fraud. This forum is a forum for people who apply for immigration the legal way so when you talk about possibly committing visa fraud, it gets a LOT of people on here REALLY angry because we've all paid thousands of dollars to get our loved ones into the US and that is like peeing down our necks and throwing us to the birds because we did it the legal way. (Just saying)

4. You are looking at a processing time of around 8-10 months. Worst case.

5. This is my personal opinion but it seems as if you are around the immigration stuff for a few years in Canada. Doesn't surprise me it took them over 3 years with no answer. I'm sure this will get removed but it is so frustrating when people continually want to game the system when everyone on this forum providing the help and knowledge are spending THOUSANDS of dollars to do this the RIGHT way to make sure there is NO way their loved ones will get deported etc.

*End Rant*

Stay in Canada. Keep your job. Keep your house/apartment. Visit on weekends. PROVE strong ties to Canada...via a job (letter from employer) house deed, mortgage, lease whatever you have for when you do come visit. Do not try to stay for 6 months at a time. Wait your turn like the rest of us. Don't risk being deported and permanently separated from your wife. That's so not fair to her. Not worth the risk.

[David & Diana R 1,005]

1. If you visit the US for 6 months at a time, you'd then have to prove you still have a full time job, a house, a lease, SOMETHING that would make you want to go back to Canada after that 6 months. If you do not have this, you will not be allowed to enter or they will give you an I-94 with a set expiration date lesser the 6 months.

2. You need to stay in Canada while doing the I-130 spousal visa. Your wife will have to prove domicile...house, job, etc.

3. IF you decide to come to the US for 6 months and then AOS you are committing visa fraud. This forum is a forum for people who apply for immigration the legal way so when you talk about possibly committing visa fraud, it gets a LOT of people on here REALLY angry because we've all paid thousands of dollars to get our loved ones into the US and that is like peeing down our necks and throwing us to the birds because we did it the legal way. (Just saying)

4. You are looking at a processing time of around 8-10 months. Worst case.

5. This is my personal opinion but it seems as if you are around the immigration stuff for a few years in Canada. Doesn't surprise me it took them over 3 years with no answer. I'm sure this will get removed but it is so frustrating when people continually want to game the system when everyone on this forum providing the help and knowledge are spending THOUSANDS of dollars to do this the RIGHT way to make sure there is NO way their loved ones will get deported etc.

*End Rant*

Stay in Canada. Keep your job. Keep your house/apartment. Visit on weekends. PROVE strong ties to Canada...via a job (letter from employer) house deed, mortgage, lease whatever you have for when you do come visit. Do not try to stay for 6 months at a time. Wait your turn like the rest of us. Don't risk being deported and permanently separated from your wife. That's so not fair to her. Not worth the risk.

Amen brother!! I agree 100% with you. It took me 8 months from start to finish to get my wife from Philippines to Hawaii. We are together now and I have never been happier. I also get sick when I see people gaming the system for years on end and then expecting us to help them conjure up ways to game it further. I mean seriously who visits another country for 6 months?? Year after year?? I wonder what the percentage of "VISITORS" like the gamer here actually work for cash in the US, never contributing to the Social Security System or paying payroll taxes? Of course I am sure this couple would never do that. Give me a break!

Good luck and God bless all those out there that are doing this the right way.

Aloha Ke Akua

Edited August 15, 2013 by David & Zoila

[amberlynnloves 125]

Amen brother!! I agree 100% with you. It took me 8 months from start to finish to get my wife from Philippines to Hawaii. We are together now and I have never been happier. I also get sick when I see people gaming the system for years on end and then expecting us to help them conjure up ways to game it further. I mean seriously who visits another country for 6 months?? Year after year?? I wonder what the percentage of "VISITORS" like the gamer here actually work for cash in the US, never contributing to the Social Security System or paying payroll taxes? Of course I am sure this couple would never do that. Give me a break!

Good luck and God bless all those out there that are doing this the right way.

Aloha Ke Akua

I'm a sister but thanks! I'm so glad I'm not the only one annoyed beyond belief at people who try to get in quicker than the rest of us.

[David & Diana R 1,005]

I'm a sister but thanks! I'm so glad I'm not the only one annoyed beyond belief at people who try to get in quicker than the rest of us.

Sorry sister,

Most of us here on VJ have a commonality that brings us together. That commonality is helping each other through this long drawn out process that often times makes no sense. We are all members of a big family here of the VJ family. Then you have bozos that want us to help them cheat the system. I'm sure this will get edited or deleted by one of the monitors but I am giving it a shot anyway. God Bless and have a great weekend.

Aloha Ke Akua