Jump to content
jazz07

Canadian Married U.S. Citizen in Canada - Can I Enter U.S. as a Visitor?

23 posts in this topic

Recommended Posts

I am a Canadian Citizen (23 year old female) and my fiancé is a U.S. Citizen (living in Houston, TX). We are getting married in 2 days - he is coming to Canada and we are getting married in Ontario. His family will unfortunately be unable to come to our wedding due to a death in his family. I wanted to visit him and his family for the summer months (June-August 2016) following our marriage.

Proof that I have ties to my country (Canada):

- I own my car and can provide proof of ownership, as well as car loan details that I pay bi-weekly

- I was in a car accident in March 2016 and therefore had to stop working due to my injuries. I have my insurance claim papers that show I receive income replacement benefits biweekly; I also have a letter from my insurance lawyer stating we have submitted an insurance claim and are in the middle of submitting a tort claim; I also got a letter from my physiotherapist stating that I am receiving treatment for injuries sustained and that I need to continue treatment until further notice

- I am registered to go back to school in September 2016 and can provide a confirmed registration status from my school website (too late to get a letter from the school)

- I will have my return ticket dated August 30, 2016 as proof of return

Will the above stated be enough proof to allow me entry into the U.S. for the next few months? I was planning on leaving with my soon-to-be husband as we wanted to spend the only few months I have free together. He is busy working and cannot get time off, so our only time together would be the next 2-3 months. What is the likelihood that I will be allowed to enter the U.S.? We would be flying overnight, from Toronto Pearson Airport to Montreal Airport (where we would go through U.S. Customs) and finally to Houston.

Also - based on the above information, what would be the fastest possible way to apply for sponsorship for me to permanently move to the U.S.?

Thank you for all your help!

Share this post


Link to post
Share on other sites

I can answer the sponsorship question; your husband would file an I-130 after you guys get the marriage certificate back (can take 2-8 weeks in Ontario.)

You would follow this path

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

http://www.visajourney.com/content/i130guide1


As for the ability to visit? That's up to the individual CBP officer. Will you be flying or driving?


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

I can answer the sponsorship question; your husband would file an I-130 after you guys get the marriage certificate back (can take 2-8 weeks in Ontario.)

You would follow this path

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

http://www.visajourney.com/content/i130guide1

As for the ability to visit? That's up to the individual CBP officer. Will you be flying or driving?

We would be flying from Toronto to Houston, the day after we get married. I would have all the above-mentioned papers just to prove I have assets (my car) and sufficient ties to Canada (my entire family lives here, I pay rent to my grandmother and can even pay her rent for the months of July and August and provide receipts, as well as my registration status at my university).

Can he file for sponsorship while I am visiting, or will I have to leave and then he can file sponsorship papers?

Are there any options for me to continue to stay with him while we do sponsorship?

I should add that I am 2 months pregnant. Would this be something I would disclose to the CBP officer? I would obviously disclose that we just got married and this would be our bringing the bride to the groom's house / honeymoon.

Share this post


Link to post
Share on other sites

He would file the petition after you get the marriage certificate. It cannot be done before that and since you're leaving the day after your wedding. Please note sponsorship doesn't come into play until much later in the spousal visa process. Read the guides I gave you.

Intending to immigrate when visiting is fraud and illegal.

Pregnancy would likely count against you if mentioned, I wouldn't bother. Just say the truth, you're going on your honeymoon. Flying is better because you have a return ticket home.

To be honest, I'd 100% rather give birth in Canada than the USA where it's paid for and c-sections are slightly less likely. Your husband will be able to visit you in Canada as well and will likely be able to be there for the birth.

The spousal visa takes about a year.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

He would file the petition after you get the marriage certificate. It cannot be done before that and since you're leaving the day after your wedding. Please note sponsorship doesn't come into play until much later in the spousal visa process. Read the guides I gave you.

Intending to immigrate when visiting is fraud and illegal.

Pregnancy would likely count against you if mentioned, I wouldn't bother. Just say the truth, you're going on your honeymoon. Flying is better because you have a return ticket home.

To be honest, I'd 100% rather give birth in Canada than the USA where it's paid for and c-sections are slightly less likely. Your husband will be able to visit you in Canada as well and will likely be able to be there for the birth.

The spousal visa takes about a year.

At the moment, I have no plans to immigrate to the U.S. I fully intend to come back to Toronto by August because it is FINALLY! my last semester of university. And, like you said, I would MUCH rather give birth in Canada - hello, free healthcare!

I definitely will not mention the pregnancy, thank you for letting me know it might count against me. It was always my intention to tell them the truth about it being our honeymoon / our only time to spend together before the both of us get busy with school.

I wanted to ask... considering that I AM pregnant... once I return to Canada, is there a faster way to get myself a spousal visa quicker? Do they take into consideration that I am pregnant and would be having to raise a newborn child alone...? My husband would not want to be away from his child... and he cannot take a lot of time off work as he is working full-time in a position in which he cannot request more than 2-3 days off per month. I can't imagine having to be separated from my husband, and having to handle a newborn alone... for a year.

Share this post


Link to post
Share on other sites

No, there are no expedites for pregnancy. Even if you were high risk, Canada has great health care. Basically not everyone can have kids, you live in a place where you can get assistance and have good health care, and you could have not gotten pregnant, so they don't care. Understandably abstinence is the only 100% method of birth control but again, they don't care. It feels like the USCIS or DOS should, but they don't really. Once the child is born you'll want to get what's called a CRBA, consular report of birth abroad, which gives the child US citizenship right after birth and you can get a passport for the micro American ASAP.

I spent the first year after marriage alone too. In fact it wasn't until our 3rd anniversary that we even got to spend it together because he was doing training in Oklahoma during our 2nd Anniversary and I was also working.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

I'm confused.

You list all your ties to Canada, say you have no intention of moving to the US yet and have to be back for school.

But you also ask if he can sponsor you while you're visiting so you can stay and ask what's the quickest way to get your spousal visa?

Do you have ties to Canada or do you want to stay in the US?


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Share this post


Link to post
Share on other sites

I'm confused.

You list all your ties to Canada, say you have no intention of moving to the US yet and have to be back for school.

But you also ask if he can sponsor you while you're visiting so you can stay and ask what's the quickest way to get your spousal visa?

Do you have ties to Canada or do you want to stay in the US?

I have more than sufficient ties to Canada, and I fully intend to return to Canada.

I was simply asking if there was a way to apply for a spousal visa while I was in the U.S... in a way that it would expedite processing. Obviously, it's not possible, so that is out of the question. I am new to all of this and know nothing about U.S. immigration (I worked at a law firm for CANADIAN immigration so I am only aware of Canadian immigration process)... it was just a simple question.

Share this post


Link to post
Share on other sites

Canadian immigration does allow for in country immigration (you tell them at the border you're moving with your spouse and you're fine.) But the USA doesn't allow that. They do allow adjustment of status from visas when someone is already in the country, but you can't do it with intent like you can with Canada.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

No, there are no expedites for pregnancy. Even if you were high risk, Canada has great health care. Basically not everyone can have kids, you live in a place where you can get assistance and have good health care, and you could have not gotten pregnant, so they don't care. Understandably abstinence is the only 100% method of birth control but again, they don't care. It feels like the USCIS or DOS should, but they don't really. Once the child is born you'll want to get what's called a CRBA, consular report of birth abroad, which gives the child US citizenship right after birth and you can get a passport for the micro American ASAP.

I spent the first year after marriage alone too. In fact it wasn't until our 3rd anniversary that we even got to spend it together because he was doing training in Oklahoma during our 2nd Anniversary and I was also working.

Thank you for your advice! You have helped me tremendously in starting what's looking to be a painful process LOL. I guess we will have to suck it up and be separated for a year... I'm hoping it's only a year... god knows if I can handle a newborn all by myself or not! Haha. I appreciate all your help - it has definitely given me insight on how to at least start the processing.

So I suppose I would just have to visit until August and let him start the spousal visa process while I am finishing my studies in Canada. Hoping the year or so will go by quick!

I'm more so just worried about them not allowing me to visit for the next 2 months.

Share this post


Link to post
Share on other sites

Canadian immigration does allow for in country immigration (you tell them at the border you're moving with your spouse and you're fine.) But the USA doesn't allow that. They do allow adjustment of status from visas when someone is already in the country, but you can't do it with intent like you can with Canada.

Would I be able to sponsor him to Canada, while he simultaneously put in my spousal visa application? Is it possible for us to sponsor each other to both countries? Or would we only be able to choose one?

Say, if I sponsored him outland to come to Canada, and he at least stay with me and be able to work and be with his newborn... while he would file for my spousal visa to U.S.?

Share this post


Link to post
Share on other sites

I am a Canadian Citizen (23 year old female) and my fiancé is a U.S. Citizen (living in Houston, TX). We are getting married in 2 days .....

Thank you for all your help!

I suggest you get ready for a lot of questions by the CBP officers in Montreal. Make sure you have a long layover in Montreal because it could take a while and you might miss your flight. Hopefully you will be allowed to get on your flight to Houston but I've read a few stories of Canadians married to USCs being denied entry into the US, it really depends on the officer.

Share this post


Link to post
Share on other sites

I suggest you get ready for a lot of questions by the CBP officers in Montreal. Make sure you have a long layover in Montreal because it could take a while and you might miss your flight. Hopefully you will be allowed to get on your flight to Houston but I've read a few stories of Canadians married to USCs being denied entry into the US, it really depends on the officer.

Is it "easier" to go through U.S. Customs at Toronto Pearson? We are looking into a flight that would leave from YYZ with a layover in Chicago and then to Houston.

Obviously, I get it won't be "easy" at all... but are U.S. Customs more difficult in Montreal than in Toronto?

Share this post


Link to post
Share on other sites

Honestly since you're registered for school and have adequate bills here, i kinda dont think you'll have an issue going on your honeymoon.

Its better if he stays working in the usa. Theres some sponsor issues later down the road (minimum income requirements) and domicile issues. Canadian immigration is taking much longer than US last time I looked


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×