What happens if US/Canada border stays closed for a while?

[mizzem 144]

I hope someone can answer this for me as I haven't been able to find an answer for it online and I wasn't sure what topic to post it under in here.

I am USC petitioning for my Canadian citizen spouse so we can relocate to the US to be near my family. We have been DQ'd and are waiting for the interview at the Montreal US consulate. They are still closed but we are trying to plan ahead and get answers to some questions. I'm sure when they reopen there will be a backlog of interviews so it could be a while until he gets one. Knowing that, and with the situation in the US the way it is with Covid19, the US/Canada border could remain to stay closed for a while. We presently live very close to the border here in Canada and we will be moving to the US only a few hours away so we will be driving across the border to move. We can't drive to the US right now to look for a house to buy and not sure when the travel ban will be lifted. Some here speculate it could go on for the rest of the year the way things are in the US. If my husband gets his his interview and his approval and we cannot cross the border for a while what could happen if his green card expires? I know we have six months from the time of the medical exam to relocate, and I know these are all what if's right now, but what happens if you cannot relocate within the six month time frame? We are just concerned his green card could expire through all of this.

Thanks in advance...

 

[Lucky2Lucky 2,526]

12 minutes ago, mizzem said:

I hope someone can answer this for me as I haven't been able to find an answer for it online and I wasn't sure what topic to post it under in here.

I am USC petitioning for my Canadian citizen spouse so we can relocate to the US to be near my family. We have been DQ'd and are waiting for the interview at the Montreal US consulate. They are still closed but we are trying to plan ahead and get answers to some questions. I'm sure when they reopen there will be a backlog of interviews so it could be a while until he gets one. Knowing that, and with the situation in the US the way it is with Covid19, the US/Canada border could remain to stay closed for a while. We presently live very close to the border here in Canada and we will be moving to the US only a few hours away so we will be driving across the border to move. We can't drive to the US right now to look for a house to buy and not sure when the travel ban will be lifted. Some here speculate it could go on for the rest of the year the way things are in the US. If my husband gets his his interview and his approval and we cannot cross the border for a while what could happen if his green card expires? I know we have six months from the time of the medical exam to relocate, and I know these are all what if's right now, but what happens if you cannot relocate within the six month time frame? We are just concerned his green card could expire through all of this.

Thanks in advance...

 

Like you said these are all what ifs and all people can do is speculate. If you can not relocate within the 6 month timeframe you would need to pay for a new medical.

Consulates are opening based on the situation in the country. If the border remains closed one could infer the situation is not improving and the consulates wouldn't open. I really don't see the consulates opening before the border opens; but just my speculation. I believe I read an article they are reviewing the boarder closing every 2 weeks. Is there a reason you aren't looking for a house before he gets here?  I ask that because (depending how COVID is in your area) most homes do not have open houses/ walk throughs; everything is done virtually. Which would mean your husband can be just as much part of the home buying process. 

[mizzem 144]

Sorry, I failed to mention that we both live in Canada and have for many years. All of my family is in the US. Of course we are not able to travel back and forth now to buy a house and prefer not to buy through a virtual tour as you can't possibly check everything out that way. We have a real estate agent there but cannot get there and will have to wait until my husbands approval to sell our house and buy one. We were just concerned about what could happen through all of this if his green card expires reaches the 6 month mark, and where to start if that happens. Thanks..

[SteveInBostonI130 3,319]

From what I understand, the border is closed to tourism and recreational travel.  Relocation of a USC and her spouse (with a valid visa) is allowed.

 

[payxibka 10,044]

10 minutes ago, mizzem said:

Sorry, I failed to mention that we both live in Canada and have for many years. All of my family is in the US. Of course we are not able to travel back and forth now to buy a house and prefer not to buy through a virtual tour as you can't possibly check everything out that way. We have a real estate agent there but cannot get there and will have to wait until my husbands approval to sell our house and buy one. We were just concerned about what could happen through all of this if his green card expires reaches the 6 month mark, and where to start if that happens. Thanks..

He has a visa not a green card.   If the Visa expires you need to get it reissued 

[mizzem 144]

33 minutes ago, SteveInBostonI130 said:

From what I understand, the border is closed to tourism and recreational travel.  Relocation of a USC and her spouse (with a valid visa) is allowed.

 

Hopefully that will be the case. I called US Customs at the border, and even Homeland Security  but they didn't seem to have an answer about us crossing over to move there while the border is closed, which I found odd. They weren't much help.. Unfortunately though we are not able to cross back and forth to look for a house at the moment which we will want to have before his approval so that is a bit of an issue. The timing for all of this right now isn't good for us... Thanks..

36 minutes ago, payxibka said:

He has a visa not a green card.   If the Visa expires you need to get it reissued 

That's what I was trying to find out..and how far back does it place us?

[millefleur 5,038]

**Moved from General Immigration-Related Discussion to Canada subforum; topic is country specific**

[Just Paul 4,591]

2 hours ago, mizzem said:

That's what I was trying to find out..and how far back does it place us?

Well pretty far back in that you would probably have to wait for the consulate to resume "normal" operations.   Based on events, in the Jamaica consulate, the first petitions that appear to be processing are those petitions that are at the consulates with medicals completed.

 

My advice is Book an Airline trip to the US - Anywhere in the US.   Activate that visa and get the green card processing. It can be a day trip. Return to Canada and then the both of you can cross and he is now an LPR.   I know it is a different border but Mary and I have crossed back in forth to Mexico by car with no issue.

[mizzem 144]

12 minutes ago, Paul & Mary said:

Well pretty far back in that you would probably have to wait for the consulate to resume "normal" operations.   Based on events, in the Jamaica consulate, the first petitions that appear to be processing are those petitions that are at the consulates with medicals completed.

 

My advice is Book an Airline trip to the US - Anywhere in the US.   Activate that visa and get the green card processing. It can be a day trip. Return to Canada and then the both of you can cross and he is now an LPR.   I know it is a different border but Mary and I have crossed back in forth to Mexico by car with no issue.

Thanks..we have a lot to think about and consider here...

[carmel34 3,532]

4 hours ago, mizzem said:

I'm sure when they reopen there will be a backlog of interviews so it could be a while until he gets one. Knowing that, and with the situation in the US the way it is with Covid19, the US/Canada border could remain to stay closed for a while.

Montreal was very backlogged before the virus shut everything down, so chances are it will be a long, long time before he gets a visa anyway.  US domicile or intent to establish a US domicile is very important for Montreal, so make sure you the required evidence ready to go for the interview when it eventually happens.  As for the border, US citizens are exempt from the closure so you can travel by land to buy a house now if you need to, as moving would likely be considered "essential" travel by CBP.  Not sure about returning to Canada as they are being more strict than the US so you could get stuck on the US side.  Given the long wait for a visa interview in Montreal, I would recommend that you gather documents showing intent to establish US domicile, be prepared for the interview, hope for a successful interview when it finally happens, and then move to the US together when he gets his visa.  US citizens are exempt from the closure of the US border as are aliens with proper travel documents (spousal visa), and if CBP considers moving "essential" travel, you should be able to cross even if the current situation is extended past the date he gets his visa.  Good luck!

[mizzem 144]

36 minutes ago, carmel34 said:

Montreal was very backlogged before the virus shut everything down, so chances are it will be a long, long time before he gets a visa anyway.  US domicile or intent to establish a US domicile is very important for Montreal, so make sure you the required evidence ready to go for the interview when it eventually happens.  As for the border, US citizens are exempt from the closure so you can travel by land to buy a house now if you need to, as moving would likely be considered "essential" travel by CBP.  Not sure about returning to Canada as they are being more strict than the US so you could get stuck on the US side.  Given the long wait for a visa interview in Montreal, I would recommend that you gather documents showing intent to establish US domicile, be prepared for the interview, hope for a successful interview when it finally happens, and then move to the US together when he gets his visa.  US citizens are exempt from the closure of the US border as are aliens with proper travel documents (spousal visa), and if CBP considers moving "essential" travel, you should be able to cross even if the current situation is extended past the date he gets his visa.  Good luck!

Thank you for your advice..we will be ready for the interview and if we don't have proof of domicile at that point we will have documents showing our intent to establish domicile after his approval. We are concerned that if I were to travel there myself I may not get back into Canada right now. Then there is the 14 day self quarantine that is required there as well to take into consideration too. A lot to think about..Thanks

[Hawk Riders 814]

6 hours ago, mizzem said:

We have been DQ'd and are waiting for the interview at the Montreal US consulate. They are still closed but we are trying to plan ahead and get answers to some questions. I'm sure when they reopen there will be a backlog of interviews so it could be a while until he gets one.

...when is your DQ date?

[mizzem 144]

1 hour ago, Hawk Riders said:

...when is your DQ date?

May 16th

[jackanddeona 310]

I think the reality is your post had a lot of "what if this is still happening and/or has not happened yet." That is not really something anyone can answer until that time comes. Once you get the interview other people will be too and you will know the situation as it stands so that will help you make decisions. 

 

Everyone here is in the same boat. This situation is unprecedented and people will be operating in unknown waters when they start interviewing again at least for the first bit. My advice is to not worry about what will happen when you get the interview until the interview is  scheduled because until it is you have no idea what the circumstances around it will be.

 

That all being said i am not too worried about not being able to use the visa. They generally don't issue a visa that won't be accepted at the border. So chances are if they are issuing them then you will be able to cross with it.

[mizzem 144]

14 minutes ago, jackanddeona said:

I think the reality is your post had a lot of "what if this is still happening and/or has not happened yet." That is not really something anyone can answer until that time comes. Once you get the interview other people will be too and you will know the situation as it stands so that will help you make decisions. 

 

Everyone here is in the same boat. This situation is unprecedented and people will be operating in unknown waters when they start interviewing again at least for the first bit. My advice is to not worry about what will happen when you get the interview until the interview is  scheduled because until it is you have no idea what the circumstances around it will be.

 

That all being said i am not too worried about not being able to use the visa. They generally don't issue a visa that won't be accepted at the border. So chances are if they are issuing them then you will be able to cross with it.

Thanks for your opinion...I realize there are a lot of “what if” questions I guess we have so much time to think about this right now that these thoughts just are going through our minds.  I’m sure will hear and see from others in the same situation as you mentioned. The only conflict we have right now is not being able to drive back and forth to the US to look for a house but that will have to wait as everything else is at the moment..Good luck to you..