Visiting my BF in the USA

[MelJ 0]

Hello… I’m new here and not sure I’m asking this in the correct forum. I’m currently in the USA visiting my boyfriend. When I return to Canada I will have been here for 5 weeks. I’m worried about returning and going through customs and being questioned about my trip. This is my 4th time visiting since we reconnected 4 years ago and this current trip is the longest I have stayed to visit him. I’ve been working remotely while visiting. I don’t have any illegal intentions like looking to live here without us going through all the proper channels but I know Customs has no reason to believe that. I’m sure they will want to know why I spent 5 weeks in the US and I really have no idea how I’m going to answer their questions. Any help would be appreciated. TIA. 

[TBoneTX 43,195]

Welcome to the forum!  What visa path do you intend to follow?  With this knowledge, we can move your thread to the best forum.

 

If you plan to file the I-129F petition toward the K-1 visa, for example:  Tell Customs that you were visiting your boyfriend because you intend to file the I-129F petition and solidify your evidence of a bona fide relationship for your eventual K-1 visa interview at the consulate.  They should be very well pleased with this explanation.

[Boiler 43,584]

Best not to mention you have been working illegally.

[MelJ 0]

Thank you both. 
 

Our intention is to eventually apply for the K1 so I’ll definitely look into the I-129F!

 

The company I work for is global although I strictly work for the Canadian part. Should I still withhold the fact that I was working remotely?  I have my work laptop with me. I didn’t think I was doing something illegal. 
 

Appreciate the help!

[TBoneTX 43,195]

Thread is moved to the K-1 Process forum.

[Boiler 43,584]

Yu can always leave your work laptop behind.

 

K1 seems an odd choice in your situation.

[powerpuff 5,919]

You should not lie when asked directly. They can easily uncover it by confiscating your laptop and seeing you have been working. Working is working whether it is remote/for an international company. Stop working and do not work in future visits; leave your work laptop behind.

 

If you go with the K1 path, be advised that you cannot work after arriving in the US on K1 (includes remote and other country companies) until you receive employment authorization document (EAD) or GC. EAD may take anywhere from 8-12 months, GC 1-2 years. If working is important, I would not go with the K1 route.

Edited October 11, 2022 by powerpuff

[MelJ 0]

46 minutes ago, Boiler said:

Yu can always leave your work laptop behind.

 

K1 seems an odd choice in your situation.

I can’t leave it behind. I will need it when I return to Canada. 
 

why is the K1 an odd choice? Ultimately our goal is for me to move to the US and we get married. Isn’t that what the K1 is for? I understand when all is said and done I will have to resign my job in Canada. 

[Genzo10 16]

Why do you think it's long 5 weeks? i thought one month or 5 weeks it's normal time.

[Boiler 43,584]

Leave the laptop in Canada

[TBoneTX 43,195]

8 minutes ago, MelJ said:

why is the K1 an odd choice? Ultimately our goal is for me to move to the US and we get married. Isn’t that what the K1 is for?

Perhaps consider marrying first.  Here are comparisons between the K-1 and the CR-1, from our experienced member Crazy Cat:

---------------------

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

Edited October 11, 2022 by TBoneTX

[*Snowdrop* 603]

Are you talking about what to say to Canadian authorities about why you have been away for 5 weeks?

 

Or what to say to US authorities on your next visit in the future?

 

If it's the former just say you were visiting your boyfriend - why would Canada care that you've been out of the country for 5 weeks?

[Cathi 5,616]

Working while visiting the U.S. is illegal. Doesn't matter if it's remotely.

 

FYI.

[beloved_dingo 1,934]

Unless you've overstayed the amount of time you are legally allowed to stay in the U.S. (sometimes CBP does not allow visitors to stay 90 days) then I am not sure what you are worried about. You are currently in the U.S. now; you're not going to get questioned by the U.S. upon exiting the country. 

 

If you are worried about scrutiny on your next visit, just make sure to wait at least a few months before your next visit and maybe stay for less time. 

 

And always answer CBP questions honestly but do not volunteer info they didn't ask. 

[mam521 1,739]

If you and your partner are serious about marriage, I'd advise marrying and continuing with consular processing.  The reasons have been listed above.  You can continue to visit one another while your case is pending and if your job is truly global, there's potentially no reason you can't move under a US based division once you've secured your green card.  

 

Please stop working remotely when visiting - this is 100% illegal, despite being for the Canadian division of your company.  It can jeopardize your eligibility for immigration.  

 

The Canadian Consulate in Montreal has been getting through marriage based applications in reasonable time these days.  The bigger challenge may actually be the initial USCIS part.