Hi to all who found this post and are interested. We definately didn't mean to start anything we just thought we'd see if anyone had ever experienced this. Some of you may have seen us on Jim Hacking live and our experience is as we talked about with him. Our two main concerns have been first and foremost getting her to USA as a LPR. Second is and always will be not getting banned from any country at anytime. I truly found my soulmate and would commute for a lifetime if that's what it takes however we have obviously talked with Mr. Hacking as well as consulting with two other immigration attorneys. All agree, as we do, a CBP officer has the final decision at the time of entry who to allow in and why. This officer determined my wife was not moving on the day she presented at the border, true or not this was her decision and she provided my wife a B2 visitor visa instead of allowing the IR1.
We are not POE shopping as my wife has a valid legal IR1. We don't agree she should have to resign her job as she can now work remotely and we will continue to lease our house in canada and keep a vehicle there as our youngest adult son will maintain the property and the vehicle so we have a home base to operate from when we go back to Canada to visit her family and our grandson.
We have decided to take the legal advice and I will fly to Canada at the end of March to spend some more time with our grandson. My wife and I will then present her IR1 at one of the international airports prior to her expiry date and fly back to the states to move our belongings into the home we will build together.
If we again run into problems she will again take whatever legal entry is offered. If she is unable to get her LPR status then we will start the entire process again after her current IR1expires. We have been informed on multiple occasions it could be more difficult to get if this one expires but it's really out of our hands and we have accepted that. We are in no way trying to game the system, or otherwise circumvent the rules and regulations of LPR status. We just want her to be legal to change careers in the USA if the offer ever presents itself. Again we are not POE shopping and will explain we believe perhaps there was a miscommunication on the 16th of February if necessary. My wife was coming into USA for a week while we look at property and was returning to Canada a week later to finalize the finer points of moving. Perhaps we misunderstood the requirements perhaps the CPB officer did, but we do and always will have ties to Canada and will spend as much time as legally offered with her family.
She will be going back to Canada in 6 days. I will go up late March and we will return before April 17 through an international airport. I will post our experience here for those who want to know and or who may one day find themselves in a similar situation.
Thank you all for the interest questions and suggestions. You are all great.