living on the border - not me, but still need help

[stephiejoyce 0]

Hi everyone! First of all, I do NOT live on the border of Canada. My LEGAL ALIEN husband and I live at least 7 hours from the border, but I had a question regarding that.

If a Canadian and American, who both originally lived and worked on their respective country sides, got married, could the Canadian live on the US side and drive across the bridge to Canada every day for work? I understand this is still illegal... but it just seems like this kind of thing would happen all the time.

Do the border patrol people really care about situations like this? Do they even do anything for situations like this?

Needless to say, this is not my direct situation but I know someone who is currently doing this and it seems really unfair. Not to mention it really ruins it for all of us who have spent the money, time, and paperwork to do it correct.

Any thoughts?

Stephanie [American]

Scott [Canadian]

Spousal Visa 8/2006

[Reba 2]

Yes it is illegal, and yes it still happens every day. However, eventually these commuters are going to be denied entry if they're found to have defacto residency in the US , and then they'll be living on a friends couch on the Canada side until a spousal visa can be finalized.

Karma's a ######.

[stephiejoyce 0]

But how does border patrol know what's really going on? The sitaution that I am in, seriously makes me want to call border patrol and tell them exactly who is doing this. Is this something that I should take action on or just let go?

[warlord 73]

But how does border patrol know what's really going on? The sitaution that I am in, seriously makes me want to call border patrol and tell them exactly who is doing this. Is this something that I should take action on or just let go?

If you hide information or lie to the INS, they'll eventually find out and catch up with you. I don't know about this border question at all, but it's been said it's illegal. This then means you could face penalties even to the extreme of being barred entry up to 5 or 10 years. Is that worth it?

[Kathryn41 3,205]

But how does border patrol know what's really going on? The sitaution that I am in, seriously makes me want to call border patrol and tell them exactly who is doing this. Is this something that I should take action on or just let go?

There are a number of Canadians who live in border cities who cross over daily to work in the US. They have the appropriate visas for employment. If an individual of either country is living in their spouses' country but working in their own while crossing the border every day they will certainly find them selves running up against the border guards soon enough. They do get to know who crosses regularly and if they are too 'familiar' they will request proof of that person's right to reside in that country.

If a border guard suspects that the individual is in violation of a visa, or if they are actually 'living' in the US without a proper visa they will stop and question the individual or deny them entry until they can prove otherwise.

You can certainly file a complaint with the border services or immigration if it will make you feel better, but immigration will have no way of knowing who does or doesn't know the information nor of 'coming' after you if you don't inform them. I do think it will be a matter of time before the situation is resolved by the individuals themselves getting caught by the border authorities.

Edited March 12, 2008 by Kathryn41

[LindaB 0]

But how does border patrol know what's really going on? The sitaution that I am in, seriously makes me want to call border patrol and tell them exactly who is doing this. Is this something that I should take action on or just let go?

There are a number of Canadians who live in border cities who cross over daily to work in the US. They have the appropriate visas for employment. I am not sure if getting married to an American, but still retaining a residence in Canada and crossing the border daily to go to work on their employment type visa is illegal or not. If they were living in the US with their spouse and still had the employment visa, I am not sure if they are in violation or not. Where I used to live there were lots of nurses who would work 12 hour shifts in the US for 3 days a week, staying overnight there in a room, and then returning home to Canada on their off days. There was a special visa specifically for nurses as they were in short supply in the US at the time.

If a border guard suspects that the individual is in violation of a visa, or if they are actually 'living' in the US without a proper visa they will stop and question the individual or deny them entry until they can prove otherwise. I think you may not have full possessions of the facts. On what type of visa is your acquaintance working in the States? There are also cross border individuals who live in one country and attend school/university every day in the other crossing the border on a regular basis. Again, they require student visas to do so. At what point marriage to a citizen of the other country negates their existing visa - especially if they retain a daily residence on their own side of the border - is something that you would need to find out before you filed a complaint.

It works both ways as well - Canadians working in the US and Americans working in Canada.

I am doing it legally, I am waiting for my CR1 visa to be approved and once that is in my hand I will be moving down to Washington and commuting back and forth every day to B.C.

When I travel back and forth now for weekends, I carry paperwork to prove I still live in Canada.

[Kathryn41 3,205]

I edited my post when I realized that I originally had read it backwards. LindaB is doing it right - and there are quite a number of Canadians who also live in the States legally and work in Canada.

To the original OP, you might want to make sure she doesn't have any type of visa in place while she is married to her US partner, living in the States and crossing the border daily. The guards do care and such people do not get away with these activities for very long. I used to live in a border town. Years ago when I dated an American who also lived in a border town (long before I met my husband), I used to spend many weekends and usually a night mid-week over in the States with him, returning to Canada in the morning to go to work. I had to carry proof with me of my residential ties to Canada and I was stopped and questioned a number of times, even by the guards who knew me. They kept on top of re-verifying my status. If I had not been able to prove I still lived in Canada I would have been denied entry at the border. (This is actually how I found out that there was a fiance visa - that was one of the questions the guards asked - if we had filed for a fiance visa. We hadn't as we were not engaged although we had discussed the possibility, but the information did come in useful when I met my now husband).

[stephiejoyce 0]

Thanks for all the information, opinions, and help. I just wanted to reiterate that this is not MY situation. I have a LEGAL husband living in the US.

I am hoping the people I know who are doing this will start doing things legally, but I guess we will see.

Thanks again everyone!

Stephanie

[rhymeswithcandi 0]

I don't think I would report this person to authorities but I would definitely advise him/ her the huge risk involved with what he/ she is doing. Let them know it's absolutely worth it to look into the legal way of doing what they are doing.

[neiks 19]

If a Canadian and American, who both originally lived and worked on their respective country sides, got married, could the Canadian live on the US side and drive across the bridge to Canada every day for work? I understand this is still illegal... but it just seems like this kind of thing would happen all the time.

Do you know for sure that the Canadian doesn't have legal status in the US? There is nothing illegal about having legal status in the US (be that a visa or perm. resident status) and commuting to Canada to work. If this person doesn't have any status, do they still maintain a residence and substantial ties to Canada? I would think eventually if that if this person is in fact living in the US with no ties to Canada and no intention of obtaining legal status in the US that they will eventually get found out and denied entry. What ever they are doing to cross the border into the US must be satisfying the POE officers at the time.... unless they are using a NEXUS pass and are avoiding getting questioned by an officer.

[stephiejoyce 0]

I am POSITIVE that this person does NOT have any visa or legal right to live in the US. They are currently spending nights and weekends at his wive's apt [in the US] and crossing the border every morning to go to work.. and then returning every night after work. Obviously he still has his work ties [and taxes, family, etc] to Canada but he's spending 99% of his nights and non-work time in the US. To me, that's living in the US. I do not know for sure, but I have a feeling that when crossing into the US he tells the border patrol that he is just "visiting a friend".

I am not quite sure what I will do with all of this information, but it's situations like this that really ruin it for the rest of us who do it the right way. And, THAT bothers me!!

Thanks again for everyone's opinion... just being able to vent about this helps.

Stephanie [uS]

Scott [Canada]

"Green" card 08/2006