Moving to US while visa pending

[Harperman979 0]

Hello,

 

I am a US citizen. My wife is in Canada. We were married in January and are waiting for our NOA2. Hopefully it comes in the next month or so. We have bought a house and she visits me in the states. We are wanting to move her furniture and some of her personal effects down to the states. 

 

Can we use custom form (CBP Form) 6059B, "Customs Declaration," for accompanying goods or the CBP Form 3299 to move her things even while visa is pending approval?

https://help.cbp.gov/app/answers/detail/a_id/107/related/1

 

It would be immensely helpful to do this sooner rather than later given the household needs and wedding presents given etc.

[dazed'nconfused 14]

Personally I wouldn't. She's shown immigrant intent by being in the process of applying for the visa. Trying to cross the border with a bunch of household stuff is going to look like she's moving and doesn't intend to leave.  It's more likely than not that she'd be denied entry IMO. 

[pushbrk 12,975]

4 hours ago, Harperman979 said:

Hello,

 

I am a US citizen. My wife is in Canada. We were married in January and are waiting for our NOA2. Hopefully it comes in the next month or so. We have bought a house and she visits me in the states. We are wanting to move her furniture and some of her personal effects down to the states. 

 

Can we use custom form (CBP Form) 6059B, "Customs Declaration," for accompanying goods or the CBP Form 3299 to move her things even while visa is pending approval?

https://help.cbp.gov/app/answers/detail/a_id/107/related/1

 

It would be immensely helpful to do this sooner rather than later given the household needs and wedding presents given etc.

 Foreigners cannot "move to the US" while an immigrant visa is process is ongoing.  Visiting is fine. A US Citizen can bring their Canadian spouse's household effects across the border. 

 

[Ontarkie 14,279]

~~Moved to the Canada forum, from IR1/CR1 P&P - The OP is looking at the process of moving his wife's thing to the US prior to her visa.~~

 

mod hat off

 

You cannot move your wife's things before she gets her visa and crosses with it. Her items cannot move before she does. If you live in Canada and these items are also yours then you would fill out the proper forms as a returning USC. 

[Dee elle 1,368]

22 hours ago, Harperman979 said:

Hello,

 

I am a US citizen. My wife is in Canada. We were married in January and are waiting for our NOA2. Hopefully it comes in the next month or so. We have bought a house and she visits me in the states. We are wanting to move her furniture and some of her personal effects down to the states. 

 

Can we use custom form (CBP Form) 6059B, "Customs Declaration," for accompanying goods or the CBP Form 3299 to move her things even while visa is pending approval?

https://help.cbp.gov/app/answers/detail/a_id/107/related/1

 

It would be immensely helpful to do this sooner rather than later given the household needs and wedding presents given etc.

No

[Harperman979 0]

What if I bring her stuff across and claim it as mine since we are married?

[Dee elle 1,368]

2 minutes ago, Harperman979 said:

What if I bring her stuff across and claim it as mine since we are married?

Which bit of "Lying to the CBP isnt a good idea"  do you not understand ? 

 

Is it really worth the risk?

 

At least you have easy access across a land border.. I am legitimately  bringing  in from Australia  a piece of furniture that was not available to me when we shipped our goods  2 years ago..    at a cost of $2000 for one item.. I would love to be able to drive a uhaul and get it for a couple of hundred,  including gas.. 

[Harperman979 0]

1 hour ago, Dee elle said:

Which bit of "Lying to the CBP isnt a good idea"  do you not understand ? 

 

Is it really worth the risk?

 

At least you have easy access across a land border.. I am legitimately  bringing  in from Australia  a piece of furniture that was not available to me when we shipped our goods  2 years ago..    at a cost of $2000 for one item.. I would love to be able to drive a uhaul and get it for a couple of hundred,  including gas.. 

 

Unfortunately it is you that has no concept of what the question is.

 

See above. We are married. Aren’t are personal effects both of our property?

[Ontarkie 14,279]

No you cannot do that.

 

If you lived in Canada and are returning to the US then you could bring them back as your items. Except you have not been living in Canada and those items have not been in your possession. (Key word here is in your possession) They are not yours just because you married. 

 

When you get to the border and they see you were not living in Canada they will turn you around with her stuff. She needs to cross before or at the same time as her things. 

 

Members have been through this before. If you show up at the border with a load of things they will notice you're trying to pull a fast one. 

[Dee elle 1,368]

8 hours ago, Harperman979 said:

 

Unfortunately it is you that has no concept of what the question is.

 

See above. We are married. Aren’t are personal effects both of our property?

Unfortunately I do know what I am talking about. 

You are ineligible to use the  CBP 3299 exemption for returning residents for the effects you  have  spoken about. A returning resident is able to bring in tax exempt personal effects and household goods if they have been owned by the importer for over 12 months, or  in their possession for over 12 months. Even if you can claim “ownership by marriage”, these goods have only been available to you since January. as that is as far back as you can claim the “joint ownership began.

So load up the uhaul and when you

get to the border, declare the whole value of the goods including your wedding gifts, and pay the import duty due for the value over the allowed exemption.. USD 800 every 31 days,.... unless you have only been away for a short stay when the limit is $200

 

 

[acidrain 325]

This is one of the few topics I can speak from personal experience. I would strongly advise against moving any items across the border before your wife gets her visa. You can get in all sorts of hot water.

 

My spouse, son and I tried crossing with a U-haul worth of goods. Long story short is I got denied and that denial could follow me around to this very day. It's not a pleasant experience. Your wife has immigrant intent as there is a pending petition. Anytime a person shows up to the border with their household belongings it sets off red flags. If your wife accompanies the shipment she could be looking at a hard denial. It made visiting my spouse very difficult and every time I reported to secondary I had no idea if they would allow my visit.

 

My spouse moved to the US ahead of me and I contacted Bekins moving and storage to see if I could send our stuff down without me (my spouse is a dual). The woman had been doing moves across the border for over 20 years. She said don't do it. Often the border will seize the shipment until the spouse gets their visa. You wind up paying for the initial shipment and then the border puts your stuff into storage and charges you while you wait out the process.

 

I know it sucks and it was very costly for us running two households. I get that. I moved a bunch of stuff into storage and we rented a U-haul and drove everything down after I got our green cards.