Can U.S.C and Candian PR spouse move ahead of me to the U.S.

[darth vader 133]

My U.S.C. wife is moving ahead of me for the IR1 process to establish domicile. She is a Canadian PR. Our IR1 process should be done in next 6 months. In case something goes wrong with our IR1 application, we plan for her to come back and live in Canada with me. I have researched this, and am pretty sure that being out of Canada for 6 months to a year should not be a major issue, since you are only required to be in Canada for 730 days in any given 5 years period (I know cutting it close, for example only being here 800 days in a 5 year period is dangerous, but we plan to have her stay in Canada at least about 1100 days before we renew her PR status, in case she has to come back).

She plans to visit me every other weekend while we are apart. I just wanted to know people's opinion about this and if they have/know someone who has done this?

Edited June 5, 2018 by darth vader

[acidrain 325]

It would be helpful to fill out your timeline.

 

When your wife crosses the border the agent at the POE determines how long she can legally stay. You aren't supposed to live in the US on a B2 and your wife risks being turned away from the border if they suspect her moving there.

 

If your wife spends more than 6 months in the US she will overstay her B2 visa. You have to declare your previous 5 trips to the US on the DS260. If the consulate determines your wife has spent more than 6 months in the US this could pose an issue. As the IR1 visa is intended for those who are living outside the US, not for those living inside.

 

If she wanted to come visit you every other weekend instead of living with you permanently this should not be an issue. However, with so many trips back and forth she may be questioned. Proof of ties back to Canada will be important to show she will not be seeking to live in the US permanently until she receives her US green card.

[NikLR 13,227]

16 hours ago, acidrain said:

It would be helpful to fill out your timeline.

 

When your wife crosses the border the agent at the POE determines how long she can legally stay. You aren't supposed to live in the US on a B2 and your wife risks being turned away from the border if they suspect her moving there.

 

If your wife spends more than 6 months in the US she will overstay her B2 visa. You have to declare your previous 5 trips to the US on the DS260. If the consulate determines your wife has spent more than 6 months in the US this could pose an issue. As the IR1 visa is intended for those who are living outside the US, not for those living inside.

 

If she wanted to come visit you every other weekend instead of living with you permanently this should not be an issue. However, with so many trips back and forth she may be questioned. Proof of ties back to Canada will be important to show she will not be seeking to live in the US permanently until she receives her US green card.

OP's wife is the USC.  She is also a Canadian PR same as the OP.  Your advice isnt quite right for their situation.

[acidrain 325]

15 minutes ago, NikLR said:

OP's wife is the USC.  She is also a Canadian PR same as the OP.  Your advice isnt quite right for their situation.

Sorry I was having a hard time following the OP. Maybe that's why nobody else responded.

[NikLR 13,227]

3 hours ago, acidrain said:

Sorry I was having a hard time following the OP. Maybe that's why nobody else responded.

I understand.  He has a simple solution for his domicile issue but he and his wife don't seem to want to go on that route. 

[darth vader 133]

9 minutes ago, NikLR said:

I understand.  He has a simple solution for his domicile issue but he and his wife don't seem to want to go on that route. 

 

3 hours ago, acidrain said:

Sorry I was having a hard time following the OP. Maybe that's why nobody else responded.

Sorry for being unclear in the post. I could have been more clear. Anyway, my wife and I have made a decision to have her move ahead of me. Thanks for taking the time out to respond. It really helps folks like me who are going through the process!

Edited June 7, 2018 by darth vader

[NikLR 13,227]

Im glad you guys have figured it out.  Its not easy being apart, none of us tell you that lightly.