Planning a long visit

[Lois K 121]

I'm the USC and my Canadian husband is coming in two weeks for a long visit. We're at the Montreal interview step, but my swag is we're still 3-5 months away from that day. All the airlines we looked at were offering free one-time changes to return flights. So we bought him a round-trip ticket for the furthest out safe (immigration and taxes) date. This should help with the border crossing. But of course if he gets that email with an interview date, or if I see other people here in VJ with similar DQ dates starting to get interview dates, we will change his return ticket, send him back to do his quarantine, so we can get on with the medical, the interview, and that final wait.

 

[bobjennyhitched 99]

As others have said I'd get a return ticket that's flexible. One way looks like intention to stay. 

 

She needs to show she intends to leave again, I always did (I'm original from the UK, got 90 day VWP, not sure on Canadian rules), I always had in hand my proof I was going to leave. For me, it was a letter from my Director that she expected me back at my desk on (insert date), my ownership documents for my property, my car ownership along with my return ticket back to the UK. These are just examples as I do not know your fiance's current status as in ownership and employment etc.....

 

They are looking for intent to return to their home country otherwise they can deport and you could risk a ban. It's worth the cost of a return ticket

[Adee S 1]

29 minutes ago, Lois K said:

I'm the USC and my Canadian husband is coming in two weeks for a long visit. We're at the Montreal interview step, but my swag is we're still 3-5 months away from that day. All the airlines we looked at were offering free one-time changes to return flights. So we bought him a round-trip ticket for the furthest out safe (immigration and taxes) date. This should help with the border crossing. But of course if he gets that email with an interview date, or if I see other people here in VJ with similar DQ dates starting to get interview dates, we will change his return ticket, send him back to do his quarantine, so we can get on with the medical, the interview, and that final wait.

 

I am in your husbands position at the moment at where I am at in my process as I was about a month away from getting my interview date before things changed due to the pandemic. I decided to book a flight over to come for a stay of just under 90 days as well in the US after chatting with my lawyer and her saying it should be fine. I just came across this news today on the Montreal consulate Facebook page that they are starting to rebook the cancelled appointments for spousal and kids of US citizens. There is some hope we can get our appointments scheduled in by the end of the year hopefully around Fall time. 

[Adee S 1]

10 hours ago, Derek Scheyer said:

My fiance and I are planning a trip for her to come out here for about 5 months between November and March. I was wondering if there is any tips or advice for getting through the border agents.

 

We purchased a one way ticket and we will buy her return ticket before March. We did it that way in case she needed to go home earlier due to the embassy working on our case or any other emergency reasons. She will take an unpaid leave of absence with her work and they are making her a letter stating that she plans to return to work.

I highly recommend she gets a return ticket as she may not be able to cross without showing any intention/proof that she will be returning back 

[HRQX 4,145]

9 hours ago, TiEy said:

There was a spouse who was removed at the border, detained and sent back because of no return ticket (read somewhere here on visajourney).

Was that spouse traveling with ESTA? If so, return ticket or onward international travel is required by 8 CFR 217.2(c)(1): "Applicants arriving by air and sea. Applicants must arrive on a carrier that is signatory to a Visa Waiver Pilot Program Agreement and at the time of arrival must have a round trip ticket that will transport the traveler out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an adjacent island; except that the round trip ticket may transport the traveler to contiguous territory or an adjacent island, if the traveler is a resident of the country of destination."

 

For Canadians, lack of return ticket can't be the sole reason for denial. Official reason would either be failure to overcome 214(b) presumption or trying to immigrate without proper Immigrant Visa.

Edited August 20, 2020 by HRQX

[Crazy Cat 39,362]

11 hours ago, Derek Scheyer said:

My fiance and I are planning a trip for her to come out here for about 5 months between November and March. I was wondering if there is any tips or advice for getting through the border agents.

 

We purchased a one way ticket and we will buy her return ticket before March. We did it that way in case she needed to go home earlier due to the embassy working on our case or any other emergency reasons. She will take an unpaid leave of absence with her work and they are making her a letter stating that she plans to return to work.

5 months unpaid leave?  That seems a bit unusual to me.   It would be extremely unwise for her to arrive in the US without a return flight booked....extremely unwise.   There is no good reason to avoid it.....period.  A word to the wise is sufficient.

Edited August 20, 2020 by Lucky Cat

[SalishSea 16,814]

11 hours ago, Derek Scheyer said:

My fiance and I are planning a trip for her to come out here for about 5 months between November and March. I was wondering if there is any tips or advice for getting through the border agents.

 

We purchased a one way ticket and we will buy her return ticket before March. We did it that way in case she needed to go home earlier due to the embassy working on our case or any other emergency reasons. She will take an unpaid leave of absence with her work and they are making her a letter stating that she plans to return to work.

Sounds like a textbook case of someone who is planning to bypass the queue and adjust status.  Hopefully that is not her plan, but these circumstances may lead CBP to deny entry.

[Rlewis 73]

3 hours ago, RainyJupiter said:

This can be found on https://vn.usembassy.gov/visas/fiancefaq/

 

 

I've been under the K1 process since March 2019. During 2019 I've visited my USC fiance (Im from Canada) more than 5 times. I've never had any issues with what this screenshot states or been "additional scrutiny" in an extreme case. The border officers cannot see you applied for K1, the only difference was in the beginning of the visits (before K1) they scrutinized me more, but after the 13th visit they stopped asking me anymore than your usual "Where, How Long, Return date?".

 

But as many people here have stated, OP. ALWAYS have a return ticket. Even if your return is dependent on the restart of the Montreal Consulate, always have a return ticket. You can always change your return later according to your situation.

 

But everyone gets a different Customs Agent every time, but honestly - the customs officer in Vancouver have always been very understanding. Calgary was similar, but I cannot say much for Toronto as I've only been through there once.

[Rlewis 73]

3 hours ago, Lois K said:

I'm the USC and my Canadian husband is coming in two weeks for a long visit. We're at the Montreal interview step, but my swag is we're still 3-5 months away from that day. All the airlines we looked at were offering free one-time changes to return flights. So we bought him a round-trip ticket for the furthest out safe (immigration and taxes) date. This should help with the border crossing. But of course if he gets that email with an interview date, or if I see other people here in VJ with similar DQ dates starting to get interview dates, we will change his return ticket, send him back to do his quarantine, so we can get on with the medical, the interview, and that final wait.

 

I saw someone with CR1 interview date of March 23 got resched for Sept 2. So it might be pretty soon for your husband!

[Sierra TC 26]

15 minutes ago, Rlewis said:

I've been under the K1 process since March 2019. During 2019 I've visited my USC fiance (Im from Canada) more than 5 times. I've never had any issues with what this screenshot states or been "additional scrutiny" in an extreme case. The border officers cannot see you applied for K1, the only difference was in the beginning of the visits (before K1) they scrutinized me more, but after the 13th visit they stopped asking me anymore than your usual "Where, How Long, Return date?".

 

But as many people here have stated, OP. ALWAYS have a return ticket. Even if your return is dependent on the restart of the Montreal Consulate, always have a return ticket. You can always change your return later according to your situation.

 

But everyone gets a different Customs Agent every time, but honestly - the customs officer in Vancouver have always been very understanding. Calgary was similar, but I cannot say much for Toronto as I've only been through there once.

That's good to hear. It may depend on the country as well. My fiance lives in Mexico so to travel here would require he apply for a tourist/visitor visa. I don't believe they have such requirements from visitors of Canada. Glad to hear it's never been an issue for you!

[Lois K 121]

18 minutes ago, Rlewis said:

I saw someone with CR1 interview date of March 23 got resched for Sept 2. So it might be pretty soon for your husband!

I can hope! We were at the DQ stage in mid Jan, so there are still a few months worth of people ahead of us inline.

[Rlewis 73]

23 minutes ago, RainyJupiter said:

That's good to hear. It may depend on the country as well. My fiance lives in Mexico so to travel here would require he apply for a tourist/visitor visa. I don't believe they have such requirements from visitors of Canada. Glad to hear it's never been an issue for you!

Id imagine its very different for each person from different country yes, not all countries are part of the VWP so it makes it more difficult to cross the border.

[geowrian 22,336]

11 minutes ago, Rlewis said:

Id imagine its very different for each person from different country yes, not all countries are part of the VWP so it makes it more difficult to cross the border.

Note that Canada is not part of the VWP. Canada has a different travel agreement with the US and its citizens can apply for B-1/B-2 status at POE via their passport.

They're often scrutinized even less than VWP travelers.

[HRQX 4,145]

35 minutes ago, geowrian said:

for B-1/B-2 status at POE via their passport.

Or more document options at Sea and Land/ferry POE: https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative

"Canadian citizens can present a valid passport, Enhanced Driver’s License, or Trusted Traveler Program card (NEXUS, SENTRI or FAST)."

"Canadian citizen children under the age of 16 (or under 19, if traveling with a school, religious group, or other youth group) need only present a birth certificate or other proof of citizenship. The birth certificate can be original, photocopy, or certified copy."

1 hour ago, RainyJupiter said:

I don't believe they have such requirements from visitors of Canada.

Correct, they generally don't: "Citizens of Canada traveling to the United States do not require a nonimmigrant visa, except for the travel purposes described below. Canadian citizens who are inadmissible to the United States under immigration law, or have previously violated the terms of their immigration status in the United States can Learn More about ineligibilities related to Canadians on the CBP website. Canadian citizens with ineligibilities also have the option of applying for a visa and a waiver at the nearest U.S. Embassy or Consulate if it is more convenient for them." https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-of-canada-and-bermuda.html

[Prairiegirl3 67]

I'm married now, but last summer I travelled to the States to visit my then fiancee for two months. I'm a teacher so I have summers off, so there was no question from the border agent about how I would support myself, since teachers generally don't work in the summer. However, I feel that if I hadn't had a return ticket they would have turned me away. I did get brought to secondary during this customs visit, so it was stressful, but all in all they let me through. 

 

I've been dealing with a lot of flight changes and issues this summer as my husband has been travelling back and forth. Here is what I have learned: 

 

Air Canada - until at least the end of august I believe, any tickets that you purchase, no matter the future date of the flight, has a change fee. This means that if you decide to cancel or switch your flight, they give you a 12 month period to use the credit on that flight for a new flight. (double check before you book though!)

 

Delta Airlines - when I had to cancel my personal flight this summer, they were super generous and charged me no fee, and gave me a year and a half to use my existing credit. 

 

American Airlines - my flight with them was cancelled (their fault) and they actually reimbursed me! (according to the expedia agent this is very rare)

 

All in all, definitely book a return ticket, and check out the policies on the airline websites about change fees. They are quite generous right now due to covid but it looks like that might not last much longer. I'd book sooner than later!