Filing from the US

[Jessjames14 3]

My husband and I drove across at the same time (in separate cars) and I said I would be coming home for Christmas, however we didn’t end up going home for Christmas, but I am going back in February for a doctors appointment and I am hoping I’ll be able to return until May (when the 6 months is up).   I just got here 4 weeks ago.   Is there an issue with this? 

[Suze1 366]

Sorry about your husband's/family's challenges. All the best with them, of course.

Great, that you have learned a few more things.

Continue to ask, and continue to learn.

Your instinct is right - You need to know more, and be very careful.

Wishing you the best.

Suze1

 

[Marieke H 2,565]

13 minutes ago, Jessjames14 said:

This is the full story: 

my husband and I lived together for 3 years in Canada together (married for 2). We then both moved back in with our parents because my husband needs to move to the states because he has a genetic bone disease and needs a medication here, also his dad who is a Vietnam vet is sick so we wanted to come spend time with him and help take care of him.  My husband had the intention of moving here however I did not. We didn’t really know what the rules were. We were originally just going to stay on his dads property in a camper however it was mouldy when we got there. So my husband got an apartment. Which is where we are now.  

So what were you planning to do after your visit? Move back in with your parents in Canada? Did you have a job lined up, or anything that would show that you were planning to go back?

Honestly, it looks like you were planning to circumvent immigration laws and looking for an easier way to immigrate, even if that's not what you were planning to do. To be safe, I would file for an IR1, move back to wait out the process, and then immigrate using your IR1.

Edited January 2, 2020 by Marieke H
Typo

[Crazy Cat 44,783]

5 minutes ago, Jessjames14 said:

My husband and I drove across at the same time (in separate cars) and I said I would be coming home for Christmas, however we didn’t end up going home for Christmas, but I am going back in February for a doctors appointment and I am hoping I’ll be able to return until May (when the 6 months is up).   I just got here 4 weeks ago.   Is there an issue with this? 

The problem is that you appear to be "living" in the US.  Once you exit the US in February, you can not re-enter the US with the intent to remain and adjust status.  In my opinion, you are walking on very thin ice, and you could be barred if the CBP thinks you are abusing your visitation...it happens....just my opinion.

Edited January 2, 2020 by missileman

[Jessjames14 3]

Just now, missileman said:

The problem is that you appear to be "living" in the US.  Once you exit the US in February, you can not re-enter the US with the intent to remain and adjust status.  In my opinion, you are walking on very thin ice, and you could be barred if the CBP thinks you are abusing your visitation.

No I will not re enter with the intent to remain. I will be re entering to spend the last 4 months I am allowed with my husband. Is this an issue ?

[Jessjames14 3]

3 minutes ago, Marieke H said:

So what were you planning to do after your visit? Move back in with your parents in Canada? Did you have a job lined up, or anything that would show that you were planning to go back!

Honestly, it looks like you were planning to circumvent immigration laws and looking for an easier way to immigrate, even if that's not what you were planning to do. To be safe, I would file for an IR1, move back to wait out the process, and then immigrate using your IR1.

Yes, I plan to move back in with my parents, to save money. Also I am a freelance dental hygienist, so I work on my own schedule at different offices. That’s why I am able to visit for longer periods of time. So no I don’t have anything legitimate I can show   

[Crazy Cat 44,783]

Just now, Jessjames14 said:

No I will not re enter with the intent to remain. I will be re entering to spend the last 4 months I am allowed with my husband. Is this an issue ?

Maybe...maybe not.   The CBP has full discretion regarding your entry..  I would make sure I had sufficient evidence to prove I was returning to Canada.

[Suze1 366]

I can say this -

 

We had a colleague visit Canada from across the border in NY. He only went over for a visit on the weekend. When he got back to the border, they stopped him, and asked "Why are you back here so soon", because he had been in the States for months already.  They almost did not let him in. And he is Australian with visa-waiver privileges.

 

Canadians might not be as subject to that...don't know...but DO NOT PRESUME you are going to be okay.

Edited January 2, 2020 by Suze1

[Jessjames14 3]

Just now, missileman said:

Maybe...maybe not.   The CBP has full discretion regarding your entry..  I would make sure I had sufficient evidence to prove I was returning to Canada.

That’s the problem. I will be living with my parents to save money while the petition is being processed. And I am a freelance dental hygienist on my own schedule a different officesThat’s how I am able to take as much time off as I want. 

[Crazy Cat 44,783]

Just now, Jessjames14 said:

Yes, I plan to move back in with my parents, to save money. Also I am a freelance dental hygienist, so I work on my own schedule at different offices. That’s why I am able to visit for longer periods of time. So no I don’t have anything legitimate I can show   

You understand that there is no set allowed number of visits to the US.  At any time, CBP could deny entry.

[Jessjames14 3]

Just now, Jessjames14 said:

That’s the problem. I will be living with my parents to save money while the petition is being processed. And I am a freelance dental hygienist on my own schedule a different officesThat’s how I am able to take as much time off as I want. 

What is this visitors visa? Was I supposed to get one of these when I crossed into the US?

[Suze1 366]

As a Canadian citizen, you are allowed to seek permission to enter, basically under an "implied visitor's visa" as a courtesy. Visa-waiver privileges. 

You are still just a visitor. Nothing more, as far as I understand.

Edited January 2, 2020 by Suze1

[Suze1 366]

Look up visitor's visas - B1/B2. 

Learn more.

This website has guides that explain it all.

 

[Suze1 366]

17 minutes ago, Jessjames14 said:

That’s the problem. I will be living with my parents to save money while the petition is being processed. And I am a freelance dental hygienist on my own schedule a different officesThat’s how I am able to take as much time off as I want. 

As long as your husband has sufficient income, or has a sponsor for you with sufficient income, your spousal visa looks like a LOCK -  Your case is very, very, very strong for a spousal visa.

Don't jeopardize that.

 

You do not need a visitor's visa. As long as you do not abuse your right to seek entry as a Canadian, and that right is not revoked due to your behavior, you can come and go AS A VISITOR.

But immigration is quite clued into people trying to LIVE here when they should only be VISITING here. They know that game, and are ready for it. 

 

(BTW - With the background you just shared, your chances getting a visitor's visa would be very low. Your ties are too low. But again, you do NOT need a visitor's visa. as it stands now.)

 

Just do as you said - You will go back and apply for a spousal visa -  and you are on very solid ground.

Edited January 2, 2020 by Suze1

[Duke & Marie 1,391]

2 hours ago, NikLR said:

Did you intend to stay? Did you tell the CBP you were visiting or moving? 

 

I would say yes there was intent, they “moved” to the US from Canada.. 

 

DO she/he still have employment within Canada? I’d say no, because they mentioned staying six month or possibly longer...  Do they still have the marital home that was lived in for the last two years in Canada?

 

normal visitors who don’t plan to adjust would still have these loose ends... 

 

moving to the US with intention to adjust is immigration fraud, simple..