Travelling back to Canada while waiting for NOA2

[Amanda2020 1]

Hello Everyone

Thought I'd give an update on our status. As some may remember I been in Florida with my fiance since August. We are currently in the process for the visa and waiting for NOA2 from Vermont. Tomorrow we are flying out to Canada for a week, it will be the first time flying and encountering customs there we drove here in August and got through with no problems. I am not so nervous about checking in tomorrow as I am going to Canada, but coming back I dont know how they will treat us than. We got the NOA and all identification and what we need ready so we hope it wont cause us any issues. I am sure I established my ties to Canada now that I am going back less than 6 months and will be going home again in Dec for Christmas. Were expecting the approval around January as Vermont times goes.

[Wyatt's Torch 45]

This has got to be the most asked question on this forum, though yours has a bit of a twist...

Proof of ties is the critical factor here.

Realistically, if you plan on essentially living with him down there i.e.: plan on returning to Florida after a short visit to Canada, perhaps there is a different visa route to go. Typically, K-1 visas (or any spousal visa, really) have the expectation of the beneficiary living in a separate country than the US Citizen. Right now, you are essentially living with your fiance in the U.S....so how the border guard is going to take that at POE is the question. If you can prove that you have significant ties to Canada...well...it's still up to the discretion of the guard at POE.

Let me put it this way: I'm a Canadian whose wife lives in the States. I was laid off of my job last month, and given the status of my immigration process (my NOA2 was issued the same day I was laid off), I decided it made more sense to stick it out on E.I. funds and move back with my parents on a temporary basis than to get a full-time job on false pretenses. My wife really hoped that I could go down and have an extended visit with her until I got an interview date...but I decided not to risk it. And I'm glad I didn't. When I flew down for a ten-day visit three weeks ago, the border guard at the POE was clearly aware of my immigration status, and she asked a lot of specific questions. She also asked for a copy of my return itinerary, which (fortunately enough) I brought with me. She reluctantly let me through. If I'd gone down on an extended visit without a return flight I surely would have been denied.

Ultimately, it's your call. I'm not averse to taking risks, but I prefer calculated risks...and for me, the calculation for this just doesn't add up. Believe me, I KNOW how hard it is to be apart from my wife -- everyone on this forum does -- but when you look at the bigger picture, short term pain usually equals long term gain.

I know you're likely going to go ahead with your travel plans and my advice isn't going to account for much, but if I were in your shoes, and you really can't bear the thought of being denied re-entry and/or can't handle the idea of being separate from your fiance for awhile, perhaps getting married and going the AOS route might be a better calculated risk for you. I honestly don't know.

Regardless of what you decide to do, good luck!

Edited November 21, 2009 by Wyatt's Torch

[trailmix 77]

Amanda is not eligible for adjustment of status

Anyhoo, what proof of ties to Canada will you have with you when you enter the U.S. this time Amanda?

[Wyatt's Torch 45]

Amanda is not eligible for adjustment of status

I knew some smart person would come by to correct that bit. I really wasn't sure.

[trailmix 77]

How it works:

Person wanders in to the U.S. and meets the love of their life >>>> quickie wedding as they are soul mates >>> can do an adjustment of status as when the person crossed the border they had no intent to do this.

or

Boyfriend travels to Las Vegas to meet up with his U.S. citizen girlfriend >>> discover they can never be apart!! >>> can do an adjustment of status as when he crossed the border he had no intention to take up residence in the U.S.

What not to do:

Decide you have found the love of your life you must live in the same country no matter what!! >>>> Arrive at U.S. border crossing and when asked why you are going to the United States, tell them you are 'visiting', when of course your intent all along was to take up residence in the U.S. >>>> get married and attempt to file adjustment of status.

Edited November 21, 2009 by trailmix

[Amanda2020 1]

Yea I know we got enough proof to show my ties in to Canada, well the seperation issue isnt because of me not being away we were apart for months enough times already were used to it, now we have a baby so we both made that decision to stay together. I know will be seperated for a short time at one point and I am fine with that. And yes you are right it is the most asked question, also there is no legal matter in not being able to visit while waiting for the visa and than also legally I am really allowed up to six months to visit in the states, so they cant say to much on that matter unless they have reason to believe otheriwse that I intend to stay longer or ilegally move. Which I have not given them any reason on that matter, also my Fiance himself is a Canadian Citizen and has most of his ties still in Canada which I dont know if it made a difference or is helping us at the border with entry etc cause he does have the ties himself. If I am however denied entry coming back will be prepared for that step. As many on here in the Visa process there are uncertaintiies and all different experiences along, but my thoughts are that as long as you give no reason to them that you intend to go outside the immigration laws than you should not have many issues.

[trailmix 77]

I am really allowed up to six months to visit in the states, so they cant say to much on that matter unless they have reason to believe otheriwse that I intend to stay longer or ilegally move.

I agree, but I do think there is one thing you may be overlooking.

Canadians are 'allowed' to stay for 180 days at a time - that is absolutely true (up to the discretion of the border guard of course but anyway).

The bottom line is they do not want you taking up 'residence' in the U.S. without the proper visa.

If you have been there since August and you are returning to Canada for a short visit then heading back - well they may well deem that to be residence - who can say? However, as you mention, you are prepared if you are denied entry and that's good

[Jo&Si 9]

This has got to be the most asked question on this forum, though yours has a bit of a twist...

Proof of ties is the critical factor here.

Realistically, if you plan on essentially living with him down there i.e.: plan on returning to Florida after a short visit to Canada, perhaps there is a different visa route to go. Typically, K-1 visas (or any spousal visa, really) have the expectation of the beneficiary living in a separate country than the US Citizen. Right now, you are essentially living with your fiance in the U.S....so how the border guard is going to take that at POE is the question. If you can prove that you have significant ties to Canada...well...it's still up to the discretion of the guard at POE.

Let me put it this way: I'm a Canadian whose wife lives in the States. I was laid off of my job last month, and given the status of my immigration process (my NOA2 was issued the same day I was laid off), I decided it made more sense to stick it out on E.I. funds and move back with my parents on a temporary basis than to get a full-time job on false pretenses. My wife really hoped that I could go down and have an extended visit with her until I got an interview date...but I decided not to risk it. And I'm glad I didn't. When I flew down for a ten-day visit three weeks ago, the border guard at the POE was clearly aware of my immigration status, and she asked a lot of specific questions. She also asked for a copy of my return itinerary, which (fortunately enough) I brought with me. She reluctantly let me through. If I'd gone down on an extended visit without a return flight I surely would have been denied.

Ultimately, it's your call. I'm not averse to taking risks, but I prefer calculated risks...and for me, the calculation for this just doesn't add up. Believe me, I KNOW how hard it is to be apart from my wife -- everyone on this forum does -- but when you look at the bigger picture, short term pain usually equals long term gain.

I know you're likely going to go ahead with your travel plans and my advice isn't going to account for much, but if I were in your shoes, and you really can't bear the thought of being denied re-entry and/or can't handle the idea of being separate from your fiance for awhile, perhaps getting married and going the AOS route might be a better calculated risk for you. I honestly don't know.

Regardless of what you decide to do, good luck!

I totally agree with you Wyatt's Torch...I think it is very risky not sure I would do that...

I ended a work contract like you in October and I am looking for a temporary work until I move if I can find one than get a full-time job on false pretenses ( think it`s not fair at all) I live with my parents too since my mom is paralysed and my dad needs help to take care of her...I want to give him a break so he can take rest when I`m there and I'm helping him with the housework, cooking, babysitting my mom...

Anyway I just came to visit my fiance in Texas from November 8 to 22nd (yes I'm leaving tomorrow ) but when I crossed the boarder the POE Officer seemed very annoyed that I was going to visit my fiance even if I have my interview letter, my return ticket and my fiance ticket (he is coming with me at interview) to show him ...he told me MAKE SURE TO NOT MOVE BEFORE YOU HAVE LEGAL PAPER....He was really awared that I have my interview, he said I don`t need to see the letter. I told him that I was not going to screw up all we have done until now...but he repeated again same thing that I was not allowed to live in USA without appropriated paper...some POE Officer are more difficult too and I think it was one....

I don`t want to scare you Amanda but when you will try to go back to USA you will need to show the POE Officer that you have ties to Canada and that you are not going to live there....

I'm not the best one to answer this question maybe other people here will give you better answers but it`s my experience of my last entry in USA...

Good luck

Jo

[Amanda2020 1]

Will be returning to Canada for Christmas holidays. I also have ties with school through correspondense, which I have a letter acquired from the principal of the Adult Learning program that states I am completing it and are to physically be present for exam and handing in material. I am finishing my high school grade 12 university credit that I started in 2007( i know lol) its a self-reliant program you do on your own time and pace, I however acquired approval to be allowed to complete it on my own away from the required hours on site, and to correspond through email and online.

[Jo&Si 9]

I am really allowed up to six months to visit in the states, so they cant say to much on that matter unless they have reason to believe otheriwse that I intend to stay longer or ilegally move.

I agree, but I do think there is one thing you may be overlooking.

Canadians are 'allowed' to stay for 180 days at a time - that is absolutely true (up to the discretion of the border guard of course but anyway).

The bottom line is they do not want you taking up 'residence' in the U.S. without the proper visa.

If you have been there since August and you are returning to Canada for a short visit then heading back - well they may well deem that to be residence - who can say? However, as you mention, you are prepared if you are denied entry and that's good

I knew that Trailmix would have a better answer!

[Wyatt's Torch 45]

Well, as long as you're mentally prepared for a possible rejection and have a backup plan if you are, that's what matters.

I wouldn't risk it, personally, but like you said, we all have different circumstances!

For your sake, I really hope you get an empathetic border guard! I'd love nothing more than to be able to be with my wife until I get an interview date. I just don't think my ties to Canada are strong enough for that at this point.

I knew that Trailmix would have a better answer!

Trailmix always has a better answer...for everything. She's like the Alex Trebek of the VJ Canada forum!

[Amanda2020 1]

Lol yea I know....unless they wanna deal with a hormonic mother they better let me through( if only it helped) yea I understand not everyone has strong ties, that is something we looked into before applying and made sure we had enough proof to link me there. We also have doctor proof with gracie if they need be she's got an appointment on Monday with her peaditrician, I can show them that proof too.

[Flames9_RN 358]

Lol yea I know....unless they wanna deal with a hormonic mother they better let me through( if only it helped) yea I understand not everyone has strong ties, that is something we looked into before applying and made sure we had enough proof to link me there. We also have doctor proof with gracie if they need be she's got an appointment on Monday with her peaditrician, I can show them that proof too.

Well one can get rude and take it out on the officers, then they can really make ur life miserable, but I'm sure ur aware of that. Again it all depends on the POE officer, if they figure ur spending more time in the USA then in Canada, they could deny you entry! More than likely they will ask the usual questions and all be ok, but good that you have a plan if u are denied entry!

[Amanda2020 1]

Yea I know lol....and I like your tips very well put out.

[Amanda2020 1]

Were home, the flights went well....we didnt have any problems with Customs coming into Canada. Now we can just settle and enjoy the time being home. I will keep you guys updated.