zredsox

I appreciate the additional replies as they have touched on the subject outside the "normal" immigration pattern.

This issue is causing a major strain in my family. I can't see my step father of 17 years, who I consider my father. My mother can't be with her husband in the US (he picks her up on Friday and drop her off on Monday.) In the end, I've lost my father.

It is pure lunacy.

My step dad is a Canadian citizen who spends 95% of his time in Canada. He has no desire to live in the US. My Mom is a US citizen who loves spending time with her husband in Canada and loves her US Citizenship. The complicating factors are that my Mom has two sons in the US. My step dad has a dual citizen son in the US. He also has a daughter in Canada.

I am confused as to why this is so challenging.

I live in Maine. I could basically spit across the border. Why do we have these antiquated laws? There is no form to fill out that says, "I like to live with my wife but don't want to become an American Citizen."

It is an impossible situation.

A development has arisen.

My step dad has been told that he might have to report to the US port of entry/exit before crossing back to Canada for the time being so that they may "gauge his intentions."

In other words, he can cross but he has to come back in a reasonable time frame (i.e. not stay, ever.) He was also told (not sure if this is true) that the Canadian port of entry is now sharing information with their across the street friends (that sounds like a shakedown to me, but he has nothing to hide so it doesn't cause worry.)

I told both of them (mom;step dad) to carry a copy of their respective house deeds from this point forward along with a few other points of information as recommended.

Unfortunately, I have a feeling that they are going to get trapped on opposite sides of the border before this is done.

Thanks everyone for the informative responses.

I have a feeling that the solution they are currently leaning toward is that my mom retire in June and then seek Canadian residency. My step dad's biggest fear is that he could be banned permanently from entry - thus not being able to visit half his grandchildren who live in the United States.

Thus, the more pressing issue is how to get through the near term and that will probably include Krikit's suggestion to seek an appointment with the respective border agencies.

I appreciate the welcome and I will definitively check back in and update this thread as a clearer picture arises.

I'm writing this on behalf of my step dad as he has no idea how to proceed. He is a Canadian citizen who married my mother (a US citizen) 17 years ago. For those 17 years, he has traveled back an forth across borders 5 days a week - 2 to 4 times daily on many days. The reason is my mom works in the United States, but their primary home is in Canada. So he brings her to work Monday through Friday and heads back to Canada. Sometimes when he picks her up, they stay at "her" house in the US. Sometimes they both go back to Canada. Sometimes he drops her off at her house and goes back to Canada. It is a mixed bag.

Obviously from how I described the situation their living spaces are straddling the border.

In the last month, the border agents have been putting a lot of stress upon him and say he will be banned from entering the United States should he not have proper documentation and he should seek it.

I've looked into it as much as I can, but no situation seems to apply. He doesn't want US residency. He lives in Canada and wants to continue living there the vast majority of time. Still, he wants to be able to cross the border freely and stay in the United States when it is appropriate.

I was hoping some advice could be offered. It would seem the I-130 is the start - but I don't want him to get trapped in a legal situation where he can not cross as he is now because of pending documentation. At the same time, we need to get the ball rolling.

He is retired (not seeking work) and is married to a US citizen. He also has a son who has been a naturalized US citizen for 30 years. He has no criminal record. My Mom does not have permanent resident status in Canada.

Thanks.