mugatu300

So do you think her marriage and previous travel history will prevent her from getting another stamp? Her current stamp expires at end of this year. Like I said, going forward we are going to limit her travel here severely and she also has somewhat strong ties to Canada imo as I outlined previous. Would love to know your thoughts? For your friends, how do they navigate their marriage? Did the USC move the their spouse's home country? Or do they really live in separate countries and only visit each other occasionally? Curious how that works.

I have a few more questions if it isn't too much trouble for you: 1) Does same day travel still constitute a day in Canada's eyes? For instance, while she's pregnant if I go check on her everyday after work and then return to my home in US that same night, is that still considered a "day in"? I would only do sleep overs on the weekends. Or does every-time I cross the border regardless of how much time I spend still constitute a "day in"? Obviously with her being pregnant I would like to be there to support her as much as possible but still be well within the law and not risk anything. I know she has also mentioned I can apply for Canadian PR but not sure yet... 2) If we apply for her I130 ASAP, will that prevent her from visiting me occasionally in future or her getting her I94 stamps renewed? Her evidence of ties to Canada would be her job in Canada, her pregnancy OBGYN appointments in Canada, and her apartment in Canada (although I know a house is much stronger evidence). She also recently applied for Canadian citizenship so not sure if that also can be used as evidence of strong ties. 3) Does USCIS care how soon you file an I130 application post-marriage? For instance, if we want to wait a bit for whatever reason (still discuss our future plans of living in US vs Canada, ability to do IR1 instead of CR1, etc), is it OK to do so? Obviously I know that will just delay things but I'm curious if that raises any red flags in USCIS's eyes? Do they generally want to see people file immediately post-marriage? Is it ok to wait a bit for the reasons I mentioned above?

Yep, definitely understood. She will severely limit her visitation here going forward. Do you think we should practice a period this prior to filing the I130? Like maybe do a couple months of her not visiting and then apply for I130 just so her visitation doesnt look so bad lol? What I really worry about now and havent been able to get out of my mind is her history of working here remotely in the past year. I really hope it doesnt affect her case. Kind of ticked off the lawyer told us that but I guess you get what you pay for. I paid $100 for a 30 minute consultation and now I feel like her whole green card is at risk now.

Understood, thank you! Now it was mentioned previously we were given faulty advice regarding my now wife working her remotely on her B1/B2. I am very worried now and quite upset that the lawyer told us that. Do you think that will inhibit our green card spousal application process moving forward? I know you are very knowledgeable so wanted to pick your brain. Almost having a panic attack thinking this is going to ruin her ability to immigrate here in future...

I was exaggerating a bit by saying every week lol but she has definitely been here a lot. But imagine too when I say 3 days that often means she comes on a Friday after work and then stays until Sunday night or Monday morning to return home. I will say tho that she has worked remote here just a handful of days (since it is difficult for her because my internet sucks lol). We only did this after consulting an immigration attorney when the bordered open long time ago and they stated that it was ok because "she is serving foreign interests for a foreign company with her salary going into a foreign bank account". That was the line they specifically said. Are you saying we received faulty advice? Kind of freaking out right now. Will this in any way affect her green card application? Like I said it was minimal times, most times she was here for extended weekdays she was on PTO. Thanks for any advice! Yep I'm definitely going to be doing 90% of the visiting going forward. Thanks for the wake up call lol!

Going forward we are only going to visit each other weekends and alternate so that each of us is only in the other country 2-3 days every two weeks. And perhaps I will even visit more than twice per month so maybe 3 weekends I visit her and one weekend she visits me. Do you think her past extensive visitation schedule will harm us in any way if we correct it ASAP going forward? She was spending a lot of time here the past 12 months but prior to that, she was only spending maybe 5-10% of her time here. Thanks for any advice!

We actually did think about that. Looks like processing times are around 14 months based on Canada's website. Can I apply for Canadian PR and apply for her I130 at the same time or will that complicate things?

Do you have an estimate in percentages of how long you spent in the US while the i130 was pending? My wife has probably spent 35-40% of her days here the past year but <10% prior to this past year. We married 2 months ago but have not filed anything yet. We definitely need to decrease her visits here tho going forward so that she isnt jeopardizing her B1/B2.

Did not know that but sounds like quite an interesting situation to be living in. Unfortunately there's a river separating us so we can do that lol!

Thank you! Exciting time for us! Not sure I understand but thank you for for your insight!

Understood. Now if my wife is pregnant and we live in border cities (30-45 mins away from each other on opposite sites of the border), how would you best recommend we visit each other? We cannot visit each other for huge blocks of time (i.e. 5 months at a time or even 1 month at a time) since we are both required to work in office several days per week in our home countries. If I visit her everyday after work and then return to my home in US to sleep later that night, will that be OK since I'm not spending the night? Or is that still considered excessive? Same for the reverse scenario as well, if she comes and visits me everyday after work and then returns home later that night? Although I'm not going to be asking a pregnant woman to drive to see me everyday lol. The first scenario much more likely, if permissible. The pregnancy scenario is what I'm worried about. Obviously want to be together as much as possible, or is allowed by the law, so that I can provide that emotional support for her. Any advice about how we may be able to tackle that would be greatly appreciated. Thank you!

Understood. Now as a US citizen myself, do the same rules apply to me in terms of visiting Canada? And by that I mean, only infrequent visits and not spending too much time there? If my wife is pregnant, obviously I want to be with her as much as possible to support her but also without jeopardizing either of our statuses. Could you please elaborate further a bit please? I dont really understand.

Now if she is told "Entry denied", does that prevent her from ever entering again until she receives her green card? Or can she chill in Canada for a few months without visiting to increase her percentage of overall time spent in Canada and then try entering the US again?

Sort of related question to my initial question and @Crazy Cat sort of touched on it, but is there a max # of days per year you can spend in the US on a B1/B2 visa? For instance, if my wife visits me for lets say 3-4 days every week for the 1-2 years while we wait out the green card process, is that OK? She will never spend month long visits since she needs to return to Canada to work in-office a few days per week.

My wife is a Chinese citizen, Canadian PR, with US B1/B2 Visitor Visa. If we submit the I130 with consular processing, will that in any way affect her B1/B2 visa or her ability to renew her I94 (she needs to get a new stamp every 6 months)? Her visa expires January 2026. In simpler terms, will it affect her ability to visit me in the US? I know submitting the I130 shows immigrant intent but if she is keeping her job in Canada and has an apartment in Canada and has doctor's appointments in Canada, is that enough evidence to show she plans to return to Canada? I just really hope the I130 wont affect her B1/B2, I94, or ability to visit me. Thank you all kindly in advance.