Frequent crossing while waiting for CR-1

[SarahLil 0]

Thanks for your patience in reading/replying if this exact scenario has been asked before (I haven't seen it posted).

My fiance and I will be getting married shortly, and filing for a CR-1 Visa.

He lives in Bellingham and I live right across the border in White Rock (20 minutes apart with a border between). Once the CR-1 has been approved and I have conditional status, I will move to Bellingham and continue working in Canada for a year or so (it's the right career move, and I am aware of potential tax implications).

My question is, once the CR-1 has been filed and is in process, I would like to go back and fourth frequently, spending the night half the week in Bellingham. I would ensure I don't surpass the 182 nights permitted to Canadians, but am wondering if anyone has done this and had issues with crossing that frequently.

To be clear, I would be working in Canada, have a permanent home in Canada, and spending a few nights a week at home in Canada. I would also be spending a few nights a week in Bellingham, commuting to work across the border, but less than 182 days/nights in a year. This would allow us to almost 'live' together while we wait the 5-ish months for the CR- approval.

Logically, I don't think there is any legal issue, but I know the border control has the ability to stop me, and I'd like to know if anyone has done something similar.

Another question, since you're already reading this...will I have to do my interview in Montreal, or can I do it in the US since the offices there are much much closer to home and far less expensive to travel to?

Thank you.

[TabeaK 516]

It will come down to the border agents. It seems like you have a history of frequent trips to the US without issues or overstays, so this will count in your favor. I don't expect you'll have issues - but make sure you do not push beyond the times allotted for residency/tax etc.

With regards to the interview: Nope, CR1 filers HAVE TO interview in their home country.

PS: CR-1 takes longer than 5 months. 5 months (ish) is the I-130 petition approval. Total process is a 1 year +..

Edited September 13, 2016 by TabeaK

[SarahLil 0]

It will come down to the border agents. It seems like you have a history of frequent trips to the US without issues or overstays, so this will count in your favor. I don't expect you'll have issues - but make sure you do not push beyond the times allotted for residency/tax etc.

With regards to the interview: Nope, CR1 filers HAVE TO interview in their home country.

PS: CR-1 takes longer than 5 months. 5 months (ish) is the I-130 petition approval. Total process is a 1 year +..

TabeaK,

Given your knowledge and experience, is there another route you would recommend? As mentioned, we only live 20 minutes apart, and I would like to continue working in Canada for a year or so.

I would be able and willing to take a short leave of absence (2-3 months) from work if I had to stay in the US for a short period of time. I didn't think the K1 was an option because the Adjustment of Status takes so long, but with working in Canada, perhaps this is a faster option?

Any info would be great...I understand I am new to this whole process and the research is just slightly confusing given my desire to continue working in Canada while living in the US.

Thank you.

[xmaricrisx 25]

I agree with TabeaK, you probably won't have any issues as long as you remember your limits.

The CR-1 visa can be attained in 8-9mon assuming there are no setbacks or delays (e.g. RFEs, checklists). But it can take up to a year or even longer. You will have to be interviewed in Montreal; there is no other way around it. You will also need to have your medical exam done there in Canada by an authorized physician, and not in the US.

[SarahLil 0]

I agree with TabeaK, you probably won't have any issues as long as you remember your limits.

The CR-1 visa can be attained in 8-9mon assuming there are no setbacks or delays (e.g. RFEs, checklists). But it can take up to a year or even longer. You will have to be interviewed in Montreal; there is no other way around it. You will also need to have your medical exam done there in Canada by an authorized physician, and not in the US.

Follow-up question (also asked to TabeaK):

Would you recommend going the K1 route? Once I receive it, can we be married in the US, and then can I travel to Canada daily for work while the AOS is filed? Or is this not possible? I can take a 1-3 month leave of absence from work is that time is needed.

Again, we want to be married and live together as soon as possible with me still working in Canada (until I have the full ability to work in the US and would eventually make a job change), so the best option for that scenario is what we want.

Thanks for your time and patience with my newbie questions.

[TabeaK 516]

The K1 visa will not circumvent the need to go and interview in Canada. Right now, K1s are faster to obtain - I'd plan on 6 months give or take. BUT, the AOS/EAD/AP process means you will not be able to leave the US and work in Canada for at least 3 months AFTER filing AOS. I'd go with CR-1 and crossing back and forth if it was me.

[TabeaK 516]

Again, we want to be married and live together as soon as possible with me still working in Canada (until I have the full ability to work in the US and would eventually make a job change), so the best option for that scenario is what we want.

No. After entry with K1 you cannot leave until your AOS (Green card) is approved or you obtain a work permit/advanced parole combo. You can only file for that after you get married. The green card can take up to a year, the work permit/advance parole combo is supposed to be done in 90d, but in those 90d you cannot leave the US. Additionally, while people use the AP travel permit to re-enter the US after vacations or trips to see family without problems, I do not know that it is necessarily a good idea to use it multiple times a week for months on end...

Go with the CR-1.

[Adequate Canadian 6]

Hey! To add onto this, you may want to get a Nexus Card. They hassle you less at the border.

My husband and I lived only an hour a part and were looking into this prior to other events, it should make things easier for you.

[SarahLil 0]

Hey! To add onto this, you may want to get a Nexus Card. They hassle you less at the border.

My husband and I lived only an hour a part and were looking into this prior to other events, it should make things easier for you.

Adequate Canadian, We both have Nexus passes already and I'm hoping this helps a little. I also have a record of crossing regularly as I have had family in Seattle my whole life, so also hoping this record helps.

[oncefuturealien 45]

I'm sure someone will chime in to add that once you have your CR-1 and cross, you are no longer a Canadian resident. So while you may continue to keep a residence in Canada, your "home" will be in the US, and you should remember that when you're going back and forth. You will have to notify the NEXUS people of your change in residence also. This will also have implications for your health insurance. I can't even begin to fathom the tax stuff so good that you're already aware of that!

Also a side note that while you will have to interview in Montreal you don't have to get your medical exam there, you can go to Dr Cheema in Surrey to minimize your time in Montreal/expense.

Good luck to you!

[SarahLil 0]

I'm sure someone will chime in to add that once you have your CR-1 and cross, you are no longer a Canadian resident. So while you may continue to keep a residence in Canada, your "home" will be in the US, and you should remember that when you're going back and forth. You will have to notify the NEXUS people of your change in residence also. This will also have implications for your health insurance. I can't even begin to fathom the tax stuff so good that you're already aware of that!

Also a side note that while you will have to interview in Montreal you don't have to get your medical exam there, you can go to Dr Cheema in Surrey to minimize your time in Montreal/expense.

Good luck to you!

Once I have my CR-1 I will be moving to Bellingham asap! I am only continuing to live in Canada while the CR-1 is in process because I have no other option! I will not keep a home in Canada at all once I have my CR-1, but will continue commuting for work for a little while. Also aware that after I have my CR-1, living in the US and commuting to work means I will not have BC Health Care and will not qualify for extended benefits through work (my employer offers 12% pay in lieu of benefits if you prefer)...luckily my partner has great US health coverage that will cover me once we are married and I am in the US.

Thanks for the cautions though...I may not have considered or known all of them, so it's great that you pointed them out. And I will definitely be using Dr Cheema!

[moemac59 192]

Follow-up question (also asked to TabeaK):

Would you recommend going the K1 route? Once I receive it, can we be married in the US, and then can I travel to Canada daily for work while the AOS is filed? Or is this not possible? I can take a 1-3 month leave of absence from work is that time is needed.

Again, we want to be married and live together as soon as possible with me still working in Canada (until I have the full ability to work in the US and would eventually make a job change), so the best option for that scenario is what we want.

Thanks for your time and patience with my newbie questions.

Personally I wouldn't recommend going the K1 route if you want to work in Canada immediately after marriage. If you go this route, you will not be allowed to leave the US and work until you receive your AP/EAD card. When you do receive your AP/EAD card and travel outside the US, be aware that every single time you come back into the US while going thru the AOS process, you will have to be paroled back in (going into secondary inspection which consist of having your pic taken and fingerprints done) It doesn't matter if you have NEXUS, you will still have to be paroled in. This may become quite taxing if you are crossing over everyday for work while you are waiting for your conditional GC application to be processed.

Hope that this sheds some light on your question

[NikLR 13,220]

Cr1 is ideal for you. As for all the travelling, do you do it now? If ao then likely not an issue. If not then it could be. Being so close you may get away with every weekend or every other (he can visit you too!)

[moemac59 192]

Hey! To add onto this, you may want to get a Nexus Card. They hassle you less at the border.

My husband and I lived only an hour a part and were looking into this prior to other events, it should make things easier for you.

Hey Adequate,

I notice that you are in Buffalo. Have you crossed over at the Whirlpool bridge in Niagara Falls? There's an officer there by the last name of Frank (US side). That CPB agent is a real jerk. Every time I came back into the US using that NEXUS POE, he gave me such a hard time because my NEXUS card read that I was a Canadian citizen even though I went into the office and showed them my naturalization certificate. I finally had to speak to his supervisor to complain about him.

He's a real delight and I hope that you never cross paths with him.

[moemac59 192]

Adequate Canadian, We both have Nexus passes already and I'm hoping this helps a little. I also have a record of crossing regularly as I have had family in Seattle my whole life, so also hoping this record helps.

Sarah,

Just an FYI, if you plan on becoming a US citizen down the road, make sure you keep a record of all dates in and out of the US upon activation of the CR1 visa especially if you are working for a Canadian company and cross frequently. You will need to provide these dates for your N400 application. I know that this may seem redundant right now but believe me it is easier to keep track then trying to go back and remember all of your time in and out. I know with the Canadian passport that you can obtain dates of entry in and out of Canada but you can forget about getting that information from NEXUS. They will not give it to you. Believe me I tried.

I was working for a company in Toronto and kept a book in my car and kept track of my dates as well as time of entry in and out of the US. As I applied for citizenship under the 3 year rule based on marriage, I only needed the dates of POE from the first day I started residing in the US. I provided this in my N400 application and had no problem during my citizenship interview. The IO was actually quite impressed with accuracy of dates.

Good Luck