Importing a Car [Canada to USA] Adjustment of Status

[Adequate Canadian 6]

This is going to be kind of drawn out, but I'd like for everyone to have as much information as possible..
It's probably going to get kind of personal, but I honestly don't care at this point anymore..

So here's the story:

Originally, the USC and I were going through the K1 Fiance visa process, so I (the Canadian) could move to the States and be with the USC.

At that time (March 2016) I was living with my parents, a very dysfunctional environment.

Because the USC and I lived only an hour a part, a border in between, whenever there was a really bad family dispute I'd go back over the border and stay with him in the States until things blew back over in Canada.

So that's what pretty much happened during the month of March.

Timeline:

Family dispute in Canada.
Left for 2 weeks to USA to be with USC.
Came back to Canada the weekend of the 19th of March, another huge family fight.
We left March 20th, we came back over the border in USC's vehicle, I left my Vehicle in Canada. I was too emotional to drive.

**We actually got pulled into customs as they stated I was spending too much time in the states and they provided me with a form that asked me to prove ties to Canada. I was to give them this form when I left USA and came back to the border to visit again. -- But they let me through this time **

Then the date of March 21st, while I was in the USA, I receive an email from my mother stating I am kicked out without any notice.

After looking for an apartment near the border for a week, we found nothing. It all fell through.
I was going to be homeless. But then, I decided to post on Visa Journey asking for advice in regards to if we could expedite the K1 visa process.

I got the answer of, unfortunately because there is no hardship towards the USC, we wouldn't be able to do anything.
BUT, some of the users on here advised me to stay in the USA and adjust my status. That was the best piece of advice I had ever received and you guys pretty much saved my life.

So, the USC and I got married April 8th, 2016. Yay!

My mother-in-law paid for a lawyer for us to process the paper work so I could get my Green card.
She knew I did all of the paper work for the K1 Visa myself and because so much has happened, she didn't want to add more stress and just wanted a lawyer to do it for us.

So we withdrew from the K1 Visa process. The Lawyer will be sending out my paper work today. She says it should only take 2-3 months until I get my green card, 4 months max.

So here in lies my question..

My Vehicle is still in Canada, I obviously want my car.

I am unable to leave the USA until I get my green card.

My family (The Canadian Citizens) are unwilling to drive my car across the border to drop it off.


But, I read online somewhere that if I got a notarized letter giving permission to say my mother-in-law to drive my car over the border and once I get my green card to import it while it's already across the border, or would that raise any suspicion?

Or do you think it is best to wait until I receive my green card to bring it across and import it at that time?

Sorry for the long, drawn out question..

Thanks in advance.

[Adequate Canadian 6]

I also apologize if I put this in the wrong forum topic, I honestly have no idea where to post this!!

[IcezMan_IcezLady 582]

Or you could get a freight company to move your car to the US, if you can afford. And where will your MIL leave the car? At a storage?

I think it is just a huge inconvenience to have you MIL to do that. Are you working? I will go out on a limb to say that, your MIL is very nice to help you, don't inconvenience her. She will have to FLY or drive and tow her car or your car or rent a car and drive to get your car. Have you thought about how expensive all this is going to get just because you can't wait to have your car (did I forget that you can't work under your current status). So why the rush? That is messy. Just wait until you have an AP then you can go and get your car.

Good luck!

[3rd 84]

Is there a reason you need the car with you ASAP? If you filed for the AP, you should receive that in 90 days from filing and you could cross the border yourself and get the car. I only wish I could bring mine to the states, but importing a car is a no-no from what I'd read.

Just be aware that the 4 months MAX that the lawyer told you might not be quite right, it took us 7 months from filing until having the Green Card in hand and we were also told that the wait would be about 3 months. Just don't set yourself up for a fall. If it happens sooner, awesome. If you have to wait longer, don't be disappointed.

Edited June 1, 2016 by 3rd

[Adequate Canadian 6]

Or you could get a freight company to move your car to the US, if you can afford. And where will your MIL leave the car? At a storage?

I think it is just a huge inconvenience to have you MIL to do that. Are you working? I will go out on a limb to say that, your MIL is very nice to help you, don't inconvenience her. She will have to FLY or drive and tow her car or your car or rent a car and drive to get your car. Have you thought about how expensive all this is going to get just because you can't wait to have your car (did I forget that you can't work under your current status). So why the rush? That is messy. Just wait until you have an AP then you can go and get your car.

Good luck!

Because my old home in Canada is only an hour away from my new home in the States, we were all thinking of my husband and her driving to Canada in one car and my mother-in-law driving it back to our residence in the States with a notarized form, me giving her permission to drive it across the border.

But, that's why I posted my question! I don't want it to get messy, haha!

[3rd 84]

I honestly feel that if you can wait for you AP to come through you'll have an easier time of it. Unless it's essential you have that car with you right now, I don't see the rush. Consider your mother in law and her kindness, you never know what might happen at the border and you don't want that relationship to go sour all for waiting for a couple of months to get a car that isn't going anywhere.

[Adequate Canadian 6]

Is there a reason you need the car with you ASAP? If you filed for the AP, you should receive that in 90 days from filing and you could cross the border yourself and get the car. I only wish I could bring mine to the states, but importing a car is a no-no from what I'd read.

Just be aware that the 4 months MAX that the lawyer told you might not be quite right, it took us 7 months from filing until having the Green Card in hand and we were also told that the wait would be about 3 months. Just don't set yourself up for a fall. If it happens sooner, awesome. If you have to wait longer, don't be disappointed.

Thank-you so much for the response!

Reason behind why I need my car ASAP is errands and chores and feeling guilty of always having to rely on him for transport.

He refuses (He is a stubborn man) to let me drive his car without him because he feels bad if I go alone to do something, but I feel terrible for him coming along with me after he's had a long day at work. And being as there are no bus routes, I'm trapped!

It's honestly a petty reason, but we don't live far away from my house in Canada and my mother-in-law is the one who offered to pick it up in the first place. I really try not to ask anything from them, as they've done so much already.

I understand about the 4 months being a generalization. I could wait forever, I'm honestly just extremely ecstatic that I am away from my previous living conditions and with the guy I love.

[Adequate Canadian 6]

I honestly feel that if you can wait for you AP to come through you'll have an easier time of it. Unless it's essential you have that car with you right now, I don't see the rush. Consider your mother in law and her kindness, you never know what might happen at the border and you don't want that relationship to go sour all for waiting for a couple of months to get a car that isn't going anywhere.

Yes, I initially was feeling this way too about waiting.

But the mother-in-law and husband kept going on and on and on about just getting the car for me with the notarized letter. Lol.

I really didn't want to hassle them and I do whatever I can to pay them back on a daily basis.

I'm going to let them know that I'd rather just wait and not cause any mess.

[IcezMan_IcezLady 582]

That makes sense..Sorry if I sounded too harsh on my first comment. Your subsequent posts make it clearer.

I don't know if the notarized letter thing can be done or not. I was going to suggest that you have an old friend drive to the bother and you take over from him there since you have the title BUT I believe you are out of status so that will not work out well.

I think it is best to wait for AP.. Try your best in any ways you can help out around the house without your car.Good luck to you!

[3rd 84]

I understand the frustration. Take it from me, I still don't have a car over here and I've been in the country since February 2015. Unfortunately I have to take the practical before I can drive, and I currently don't have the means to without my own car. Catch-22.

If she's truly offered, then go with it but I'd be cautious of the border and making sure she can truly get through with your car before they set off to do it. People have waited longer in more remote locations, a lot of them have no other option. It's entirely up to you at this point if it's worth the hassle. Good luck whatever you choose to do!

[Adequate Canadian 6]

Thanks everyone for the advice, I'm thinking at this point to just wait it out!

If the husband is stubborn enough to come with me because he doesn't want me to go alone to do chores after a long day of him working, then he'll just have to suffer! Haha.

I rather not risk it, I am definitely a worrier and getting my mother-in-law to drive it across the border really does make me wary of customs.

[Lemonslice 4,612]

I would verify with CBP that you're actually allowed to import it as a visitor adjusting status.

[Pitaya 2,577]

~Moved from Fam.-based AOS to Canada Regional Forum~

~Inquiry is country-specific~

[chiggins82 88]

I second asking the CBP people. Might take a while to get a response, but they do respond to questions

This is what I found on their site

Based on the info on the site, it sounds promising that you could be able to use a notarized document as a way to have your Mother in Law / Husband bring it over. Just check first. You don't want anyone getting in trouble over a car.

Thinking outside the box.... You could sell the car to someone you trust to bring it over the border and then sell it back? I have no idea if this is legal or not, but I know friends that have sold family their car for $1 to get it off their hands.. If this is allowed, you'd probably have to pay tax on the car. K-1 (and I'm guessing CR-1) get to bring 1 vehicle duty free. That wouldn't apply.

Another option, sell it and buy something in the US. Again, would likely need someone helping on your behalf on this. Could be worth it depending on what you drive.

[xlynsayloux 11]

Why not change the title to the car to include your married name. Then your husband should have no problem driving your car over the border if he is willing to do it.