vicmark

I'm about to sign off from this forum for good, but before I do...

Bowflex - You clearly don't understand how the system works for Canadians with American spousal sponsorship, relative to other poorer unfortunates. Your argument that because I had a good life in Canada I should be happy and stay put, is nonsensical and blatantly hypocritical.

We ultimately went to the US with the intention of returning to Canada. Our family had a 2 month lease on an apartment and return airline tickets. We were presented with an opportunity while here and decided to stay. It is not illegal, immoral or deceptive in any way. We had no idea what we would find once we got here. I was concerned about the perception our unique situation would present if an opportunity came up that sufficiently enticed us to stay. There wasn't a word asked about any of that, which confirmed our advice that the issue becomes moot after a certain period of time. In any event, we were prepared to answer those questions truthfully and back up our answers with evidence of our intent.

I would heed the advice of this board and not travel to the US with the intention of staying. I would add however, that should your situation change while there, don't be scared into thinking you're somehow susceptible to immediate deportation and a lifetime ban. Get a grip, its perfectly legal.

Just received my card in the mail after applying in Oct/08. It was an absolute breeze. Good luck everyone.

Looks like I'm getting in trouble with the thought police.

Lets try this scenario: I have NO intentions of moving to the US. We LOVE Canada. But we just sold our house and want to spend the summer traveling around the US visiting old friends and family before we buy our next house (in Canada) and settle into a new life (in Canada). Its still OK to do that, right?

Now, suppose our outlook changes while on our journey. We stumble across a great opportunity and decide to stay. What are the options for us? By the way we have a child who has dual citizenship. Must I return immediately to Canada and file for visa's etc or can I LEGALLY do it from the US.

BTW flames9 my friend may be wrong but she built a hugely successful business dealing with Canada/US immigration for many years. You yourself stated that that was the advice you received from legal council. Seems like a reasonable question in light of these professional opinions.

well ur immigration friend is wrong!! Soem immigration attorney's do say to do that!! I had a free consult with 1 while I was visiting in the USA and thats what she told me to do as well. That is legal if one had NO intention of staying in the USA while they were visiting. Your case is different as ur in Canada, now with the intent of moving to the USA

Since the American spouse is a resident of Canada as well, you are able to Direct consular file (DCF),and that is normally much faster!! There is a DCF forum on Visajourney so give that a look

http://www.visajourney.com/forums/index.php?showforum=82 and there is a CANADA sticky at the top of the page!! Best of luck!!

If I was to DCF in Canada, what would be the typical timeline before one could enter/move to the US? What it I have no intention of moving to the US and we go for a holiday only to discover we want to stay??? What's wrong with that?

My wife is a US citizen and permanent resident of Canada. I am a Canadian citizen. We sold our house recently and want to move back to the US. A friend, who was an immigration attorney (and is now deceased), advised that it would be no problem for us to travel to the US, wait a few months and then file for adjustment of status and begin the permanent residency process. Can anyone point me to a thread that discusses this or provide some advice?

I started a thread on the Canadian forum regarding another of my past indiscretions. This is turning into an open confessional.

http://www.visajourney.com/forums/index.php?showtopic=99397

Any advice is greatly appreciated.

I stared out thinking this would be a breeze after having lived and worked and paid taxes in the US for 8 years but the more I look at it the more I become discouraged.

Just starting the I-130 process. I started a topic ( http://www.visajourney.com/forums/index.php?showtopic=99132 ) concerning a misdemeanor arrest while in the US and have received insightful responses. As I look further into the kinds of questions I will be asked during the process it has brought up another indiscretion from my past. I was denied entry once in the mid 80's when a pal and I were driving to the US. They found pot residue in the vehicle and a pipe on me.... not very bright. I was a kid and doing crazy things kids do. Anyway, since this time I have spent 8 years living and working in the US and traveling back and forth dozens of times. I was directly involved with responses to the 9/11 attacks in New York and spent 3 months managing a satellite communication facility for victims and families of the attacks and a crew restoring services at ground zero. I have never had any issues with customs other than this one time back in the 80's.

Considering the circumstances of my being denied entry back in the 80's, would this be a deal breaker to my achieving permanent residency?

I have no doubt about being arrested vs. detained. What has me concerned is the wording on the "Jury Waiver and Plea" document...

"I understand that if I am not a citizen of the United States and I plead or am found guilty of this charge, I may be deported. I may then be excluded from admission to this country, and/or denied the opportunity to become a naturalized citizen under federal law."

I may be making a mountain out of a mole hill but I was hoping to find someone else with a similar situation who has first hand knowledge of how this sort of issue is typically handled during the application process.

I received a fax from the jurisdiction where the offense occurred and they have no record. The fax stated that their records are destroyed after 5 years. Am I crazy for even bringing up the issue with immigration or do I follow my gut and just come clean? Hearing stories of people being "overly forthcoming" to the point of destroying their chances for PR make me question how to proceed with this. If I had documentation showing that my deferred disposition was granted and case was dismissed I would feel a lot better about bringing it up.

I intend to answer all questions truthfully. With hope, the folks who make the call on these applications will see things the way you do.... Thanks for your reply.

I am a Canadian citizen.

In 2000, while working in the US under a TN NAFTA visa I was arrested for public intoxication. The judgment was deferred pending my compliance with a court order to complete two days of community service. I completed the community service and my case was dismissed. Subsequently I applied for and received a new TN visa each year until 2004 when I returned to Canada with my soon to be American bride. Shortly thereafter she received permanent residency in Canada. Our daughter, who was born in Canada, has dual citizenship. We now want to return to the US and are about to begin the I-130 journey at the consulate in Vancouver.

Can anyone offer advice with respect to I-130 approval in light of this arrest?