Is it a bad idea for wife to wait out USCIS process in Canda

[Manicv 0]

So apologies for length. Skip to TL;DR if you want to, but if you don't I will love you.

 

So technically she is not my wife. But we might as well be. 

 

I'm a US citizen and currently in Seattle. Girlfriend gave birth recently back in the Netherlands. I came back to the US because of a family medical emergency.  We are now thinking of making a permanent move to the US This separation is really affecting my mental health.

 

With that in mind, let me just ask some questions. 

 

So if funds are not a problem would it be a bad idea

 

1. For them to come to Vancouver on an eTA (essentially almost like visa-free) using baby and mom's Dutch passport (Canada normally allows 6 months stay).
2. We get married in Vancouver and file I-130.
3. We find an AirBnB nearby for them to stay and me when I come to visit. Mom would not be working (on maternity leave).
4. File for baby's CRBA, US passport in Vancouver (couldn't do it in Netherlands due to situation).
5. I cross the border frequently with or without baby (depends on feeding).
6. Apply for a visitor record when the time comes for wife. If denied, wife goes back to Netherlands and stays at mom's.
7. Meet at International Peace Arch whenever we can.

 

TL;DR Is it bad idea for foreign spouse and American child to wait out USCIS process in Vancouver if US citizen spouse lives in Seattle and funds are not a problem, since working is not allowed? Should US citizen go back and forth across the border? Should US citizen parent file CRBA outside of country in which child was born in third country?

 

[pushbrk 12,256]

I see no US Immigration related problems with your plan whatsoever.  Canada allows US Citizens six months visits, because it is reciprocal.  Check what they allow Dutch Citizens.  I'm guessing 90 days.

[PaulaCJohnny 712]

1 hour ago, Manicv said:

So apologies for length. Skip to TL;DR if you want to, but if you don't I will love you.

 

So technically she is not my wife. But we might as well be. 

 

I'm a US citizen and currently in Seattle. Girlfriend gave birth recently back in the Netherlands. I came back to the US because of a family medical emergency.  We are now thinking of making a permanent move to the US This separation is really affecting my mental health.

 

With that in mind, let me just ask some questions. 

 

So if funds are not a problem would it be a bad idea

 

1. For them to come to Vancouver on an eTA (essentially almost like visa-free) using baby and mom's Dutch passport (Canada normally allows 6 months stay).
2. We get married in Vancouver and file I-130.
3. We find an AirBnB nearby for them to stay and me when I come to visit. Mom would not be working (on maternity leave).
4. File for baby's CRBA, US passport in Vancouver (couldn't do it in Netherlands due to situation).
5. I cross the border frequently with or without baby (depends on feeding).
6. Apply for a visitor record when the time comes for wife. If denied, wife goes back to Netherlands and stays at mom's.
7. Meet at International Peace Arch whenever we can.

 

TL;DR Is it bad idea for foreign spouse and American child to wait out USCIS process in Vancouver if US citizen spouse lives in Seattle and funds are not a problem, since working is not allowed? Should US citizen go back and forth across the border? Should US citizen parent file CRBA outside of country in which child was born in third country?

 

She cannot just moved to Canada without a proper visa. Canada doesn’t have any residency visa benefits with her country. The eTA is for short visits, the same way that she can visit you in the US.  She cannot just use Canada as an “waiting room”, they have their own rules and are tough like here. 

Please take your time to read all the information on the Canada immigration process website before to take any wrong steps.

 

Edited June 20, 2022 by PaulaCJohnny

[Redro 4,602]

1 hour ago, Manicv said:

So apologies for length. Skip to TL;DR if you want to, but if you don't I will love you.

 

So technically she is not my wife. But we might as well be. 

 

I'm a US citizen and currently in Seattle. Girlfriend gave birth recently back in the Netherlands. I came back to the US because of a family medical emergency.  We are now thinking of making a permanent move to the US This separation is really affecting my mental health.

 

With that in mind, let me just ask some questions. 

 

So if funds are not a problem would it be a bad idea

 

1. For them to come to Vancouver on an eTA (essentially almost like visa-free) using baby and mom's Dutch passport (Canada normally allows 6 months stay).
2. We get married in Vancouver and file I-130.
3. We find an AirBnB nearby for them to stay and me when I come to visit. Mom would not be working (on maternity leave).
4. File for baby's CRBA, US passport in Vancouver (couldn't do it in Netherlands due to situation).
5. I cross the border frequently with or without baby (depends on feeding).
6. Apply for a visitor record when the time comes for wife. If denied, wife goes back to Netherlands and stays at mom's.
7. Meet at International Peace Arch whenever we can.

 

TL;DR Is it bad idea for foreign spouse and American child to wait out USCIS process in Vancouver if US citizen spouse lives in Seattle and funds are not a problem, since working is not allowed? Should US citizen go back and forth across the border? Should US citizen parent file CRBA outside of country in which child was born in third country?

 

Getting a spousal or fiance visa takes more than 90 days (the amount of time your partner is allowed to stay in Canada). 

Additionally, as she is not a resident or citizen of Canada she will probably have issues scheduling her interview in Canada (as she has no address in Canada). 

 

Your plan is dead in the water. Unless you can figure out some sort of residency visa in Canada. 

 

 

[Mozillaman 6]

If your plan is for her to just stay long enough for the CRBA to be done, that's likely do-able.  If your wife doesn't work and you're not married yet, you could also go the fiance visa route if the timelines there are acceptable for you. AOS takes a long time now, but that time can be spent with you in the US.

[Family 3,561]

Baby CBRA can only be processed in Netherlands ( country of birth) ..but there no rush for that since Baby and Mama can travel on Dutch passports to visit Canada  and even spend time w you in the US. 
 

Once you marry, file I-130 asap…and time the CBRA application once wife’s case is at NVC , even try scheduling baby’s appointment over moms is scheduled. 

[Kai G. Llewellyn 829]

17 hours ago, Manicv said:

So apologies for length. Skip to TL;DR if you want to, but if you don't I will love you.

 

So technically she is not my wife. But we might as well be. 

 

I'm a US citizen and currently in Seattle. Girlfriend gave birth recently back in the Netherlands. I came back to the US because of a family medical emergency.  We are now thinking of making a permanent move to the US This separation is really affecting my mental health.

 

With that in mind, let me just ask some questions. 

 

So if funds are not a problem would it be a bad idea

 

1. For them to come to Vancouver on an eTA (essentially almost like visa-free) using baby and mom's Dutch passport (Canada normally allows 6 months stay).
2. We get married in Vancouver and file I-130.
3. We find an AirBnB nearby for them to stay and me when I come to visit. Mom would not be working (on maternity leave).
4. File for baby's CRBA, US passport in Vancouver (couldn't do it in Netherlands due to situation).
5. I cross the border frequently with or without baby (depends on feeding).
6. Apply for a visitor record when the time comes for wife. If denied, wife goes back to Netherlands and stays at mom's.
7. Meet at International Peace Arch whenever we can.

 

TL;DR Is it bad idea for foreign spouse and American child to wait out USCIS process in Vancouver if US citizen spouse lives in Seattle and funds are not a problem, since working is not allowed? Should US citizen go back and forth across the border? Should US citizen parent file CRBA outside of country in which child was born in third country?

 

Hello there, I'm from BC and dealt extensively with Canadian immigration. She can try, and it might work out. It also might not. That being said, Canada uses immigration bars far more sparingly than the US. Usually bars to entry are exclusion orders for 1 year if they think you are trying to sneak by the rules and try and deceive them. 5 years if you commit misrepresentation, although that is enforced more on the IRCC (Canada's USCIS) side, than the CBSA side (Canada's CBP equivalent). So the risk to trying this is fairly low to be honest.

 

Canada for the most part will want to know that she will have a defined point that she will leave. Simply 'waiting it out' without a defined end date is likely to raise eyebrows. So you'd be better off asking the 6 months, then review how things go at that point, apply for a visitor's record if needs be. VR's are routinely approved so long as you can continue to demonstrate the temporary nature of your visit. Though do bear in mind, your trip 'ends' the moment you depart Canada, even for the US, and once you re-enter Canada, she'll have to explain herself to the CBSA again. So if she wants to do this, she needs to come to Canada and stay put. She can't be crossing the border frequently, as that'll likely cause the plan to fall apart.

 

The big question is, how is this going to be financed? The process can take up to two years, so two years of AirBNB is going to be expensive in the extreme, especially in a high cost of living area like BC. And that's a question CBSA will want to know, they won't want you working illegally in Canada, however, working remote for a foreign employer is expressly allowed in Canada. Additionally, they will probably want to see proof of private health insurance for such a long duration of stay.

 

Finally, yes, this plan can work. My husband did this during the pandemic border closure, he stayed a total of 15 months in Canada. He did three months, exited and reentered, then six, applied for a visitor's record, and then stayed for another six, then exited once I had my visa interview. He did carry proof of strong ties in the US though, things like US Property, US Job, US Driver's license, insurance he was paying for, and a copy of the I-130 receipt and eventual approval notice. It was overall a strong case that his visit was temporary in that once my visa was approved he would be leaving. Ties to outside of Canada, both to your home country and the US will help your case with demonstrating the temporary nature of your visit to Canada.

 

Your situation is a bit different, so your mileage may vary.

 

Oh and to correct other member's points. Canada gives visitors 6 months unless a different duration is given by the officer. If they don't tell you how long you have, it's 6 months. For everyone, visa-required and visa-exempt.

Edited June 21, 2022 by Kai G. Llewellyn

[SalishSea 16,950]

18 hours ago, Manicv said:

So apologies for length. Skip to TL;DR if you want to, but if you don't I will love you.

 

So technically she is not my wife. But we might as well be. 

 

I'm a US citizen and currently in Seattle. Girlfriend gave birth recently back in the Netherlands. I came back to the US because of a family medical emergency.  We are now thinking of making a permanent move to the US This separation is really affecting my mental health.

 

With that in mind, let me just ask some questions. 

 

So if funds are not a problem would it be a bad idea

 

1. For them to come to Vancouver on an eTA (essentially almost like visa-free) using baby and mom's Dutch passport (Canada normally allows 6 months stay).
2. We get married in Vancouver and file I-130.
3. We find an AirBnB nearby for them to stay and me when I come to visit. Mom would not be working (on maternity leave).
4. File for baby's CRBA, US passport in Vancouver (couldn't do it in Netherlands due to situation).
5. I cross the border frequently with or without baby (depends on feeding).
6. Apply for a visitor record when the time comes for wife. If denied, wife goes back to Netherlands and stays at mom's.
7. Meet at International Peace Arch whenever we can.

 

TL;DR Is it bad idea for foreign spouse and American child to wait out USCIS process in Vancouver if US citizen spouse lives in Seattle and funds are not a problem, since working is not allowed? Should US citizen go back and forth across the border? Should US citizen parent file CRBA outside of country in which child was born in third country?

 

Would you really be comfortable with all of the uncertainties this plan contains?  Not everyone would.

 

Tourist visas are not for living abroad.  When you request admission to a country, you're at the mercy of their border officers.  Most people with newborns need a more stable living situation.

 

Why don't you just petition her for an immigrant visa?  She can visit the US on ESTA and Canada per their rules.

 

Choosing to have a relationship and family with someone who lives overseas has it's challenges; namely:  time and money.  We've all been there.  There aren't really any easy loopholes.

[jan22 2,918]

You can apply for the baby's CRBA in Canada, but they will then have to send it to the Netherlands to be processed, so there might be a significant delay in doing so.  

[Lemonslice 4,611]

Why not visit you in the US instead?

[Redro 4,602]

6 hours ago, Kai G. Llewellyn said:

Oh and to correct other member's points. Canada gives visitors 6 months unless a different duration is given by the officer. If they don't tell you how long you have, it's 6 months. For everyone, visa-required and visa-exempt.

Thanks for the correction @Kai G. Llewellyn first google result should an unofficial source which stated Dutch citizens only received a 90 day visit. 

When going to the canada.ca webpage it clearly states UP TO 6 MONTHS.

Still not enough to wait out the process for the fiance or spousal visa but it is more. 

[Kai G. Llewellyn 829]

5 minutes ago, ROK2USA said:

Thanks for the correction @Kai G. Llewellyn first google result should an unofficial source which stated Dutch citizens only received a 90 day visit. 

When going to the canada.ca webpage it clearly states UP TO 6 MONTHS.

Still not enough to wait out the process for the fiance or spousal visa but it is more. 

Six months def isn't enough to wait out the CR-1/IR-1 process for sure, but you can theoretically apply for visitor records an unlimited number of times so long as you can continue to demonstrate your trip is temporary. This is done by demonstrating that your trip in Canada is for a defined purpose, and that you will depart once that purpose has been met. Demonstrating ties, and circumstances (such as a US Immigration Application) will help with that. I'm aware of people successfully receiving at least two visitor record extensions, but there are probably cases where they've received more.

 

Incidentally, when applying for a Visitor's Record, you are not bound to request another six months, you can request any length of extension as you like, but longer and additional extensions require a stronger case. While the application is pending, you remain in 'implied status', and even if the application is denied the period of implied status, still remains lawful. If one falls out of status, one can apply to restore status and apply for yet another visitor's record. Canada's immigration law offers many options for those requiring longer stays.

Edited June 21, 2022 by Kai G. Llewellyn

[Redro 4,602]

1 minute ago, Kai G. Llewellyn said:

Six months def isn't enough to wait out the CR-1/IR-1 process for sure, but you can theoretically apply for visitor records an unlimited number of times so long as you can continue to demonstrate your trip is temporary. This is done by demonstrating that your trip in Canada is for a defined purpose, and that you will depart once that purpose has been met. Demonstrating ties, and circumstances (such as a US Immigration Application) will help with that. I'm aware of people successfully receiving at least two visitor record extensions, but there are probably cases where they've received more.

 

Incidentally, when applying for a Visitor's Record, you are not bound to request another six months, you can request any length of extension as you like, but longer and additional extensions require a stronger case. While the application is pending, you remain in 'implied status', and even if the application is denied the period of implied status, still remains lawful. If one falls out of status, one can apply to restore status and apply for yet another visitor's record. Canada's immigration law offers many options for those requiring longer stays.

Do you think @Manicv's spouse would be allowed to 1.) request a police report (if they stay longer than a year) and 2.) interview in Canada... or only wait out the process in Canada then return to The Netherlands for the interview. 

[Kai G. Llewellyn 829]

5 minutes ago, ROK2USA said:

Do you think @Manicv's spouse would be allowed to 1.) request a police report (if they stay longer than a year) and 2.) interview in Canada... or only wait out the process in Canada then return to The Netherlands for the interview. 

They will need to interview in the Netherlands. Montreal requires proof of some kind of study/work permit, PR in Canada or Canadian citizenship to interview there. Visitor status isn't sufficient. Montreal asked me for a copy of my Canadian PR card before they'd accept my case.

 

I don't believe they will have any issues requesting a report from the RCMP, anyone can do this so long as they provide acceptable ID.

 

Another option, although far fetched idea depending on geography, and safety would be Mexico. Afaik they are reasonably chill about people constantly renewing their visitor status there. I've heard of cases of Americans de facto living in Mexico as visitors, and they make periodical border runs to refresh their status. Though I'm not hugely familiar with Mexican immigration law, that's basically what I've heard, so take it with a pinch of salt!

Edited June 21, 2022 by Kai G. Llewellyn