Complicated situation

[Acadia 0]

First post here and I think this site is going to be very useful!! Still have lots more reading to educate myself (probably should have done sooner).

Here is the situation that I have placed myself into;

- I am a Canadian and working in Canada as an airline pilot. I intend to continue to work in Canada, and commute to the USA for the rest of my career.

- My Fiancee and I have been together for 4 years now and since then, I have been going in and out of the US both for work and to visit her.

- Slowly, over the years I have sold my house in Canada, moved pretty much all my belongings, and bought a house with her down there.

I have done all of this without getting a visa, why? Well my job is in Canada, I have a residence in Canada and I spend more than 180 days in Canada. I viewed it as as being a snowbird, only difference is that I go to my southern residence on multiple occasions over the year as opposed to a 6 month stint like most do. But how will the people reviewing my application view it? That is my problem.....

So....

- We are getting married soon

- will be applying for CR-1 through Montreal (My residence is in Toronto)

I am concerned with...

- Well the obvious from what you've read so far

- Traveling to the US while the application is pending as it is required for my job

- And probably lots more that I will discover shortly........

Given the situation, I am thinking of using a lawyer

Would greatly appreciate your thoughs and maybe a lawyer recommendation

Thanks you

Acadia

[Rebecca Jo 1,962]

What sort of a visa does an airline pilot hold? Crewman's visa?

I do think you need an attorney consult. A good attorney may tell you he's not really needed to process your case once the issue of your travel for work is cleared up.

Is it possible the legal department of your airline could help you?

[Leafgal 3]

Acadia I agree that since you need to be able to go back and forth for work that your best bet is to speak with an Immigration Lawyer who is familiar with your type of visa, it can't hurt to just speak to one.

[antda 13]

Hi Acadia,

Welcome to VJ! I hope you find this site to be a helpful and friendly community, indeed!

I admit, I don't know how to exactly help you out with your specific issue...

But I can give you a recommendation of a good qualified immigration lawyer (from Buffalo, NY), that I used before....

I'll private message you (when the PM system is working again...) the info, if need be.....

By the way, there are others who communte back and forth between the Canada and the USA for work purposes, so you're not the only one there....(for example, VJ user Neiks is a Canadian border guard...)

And more likely than not, you can travel back and forth while your visa is pending...

As well, do you have some sort of US work visa, be it that you are a pilot? Maybe that would help your case too?

In the meantime, since your case is a bit more complicated, yes, you should seek out a lawyer too.

Good luck on your journey. Happy flying and happy travels! Welcome to VJ!

Ant

First post here and I think this site is going to be very useful!! Still have lots more reading to educate myself (probably should have done sooner).

Here is the situation that I have placed myself into;

- I am a Canadian and working in Canada as an airline pilot. I intend to continue to work in Canada, and commute to the USA for the rest of my career.

- My Fiancee and I have been together for 4 years now and since then, I have been going in and out of the US both for work and to visit her.

- Slowly, over the years I have sold my house in Canada, moved pretty much all my belongings, and bought a house with her down there.

I have done all of this without getting a visa, why? Well my job is in Canada, I have a residence in Canada and I spend more than 180 days in Canada. I viewed it as as being a snowbird, only difference is that I go to my southern residence on multiple occasions over the year as opposed to a 6 month stint like most do. But how will the people reviewing my application view it? That is my problem.....

So....

- We are getting married soon

- will be applying for CR-1 through Montreal (My residence is in Toronto)

I am concerned with...

- Well the obvious from what you've read so far

- Traveling to the US while the application is pending as it is required for my job

- And probably lots more that I will discover shortly........

Given the situation, I am thinking of using a lawyer

Would greatly appreciate your thoughs and maybe a lawyer recommendation

Thanks you

Acadia

Edited March 16, 2010 by Ant+D+BabyA

[neiks 19]

As Ant stated, I do the commute to Canada to work thing. I travelled to and from the US frequently after we were married and at no point did it hinder my application or did I need to use a lawyer. I did have strong ties to Canada. First and formost my job in Canada plus I also still had a residence in Canada and numerous social ties. I did had lots of personal belongins in the US at the same time. Our son was born during my immigration process and I spent the majority of my time in the US at our home there after he was born. I may have had an "advantage" though due to the fact that I did know the US CBP officers and they were familiar with our situation that we were in the CR process and felt I was not a threat to take up domicile in the US permanetly without going through the proper channels.

I think you probably will be fine - although I'm not sure about the pilot thing and whatever visa you may use for that in the US and how it may affect the process.

Best of luck to you.

[Rustbelt 0]

Living in a border town, I crossed almost daily. I was either taking Steve to work or visiting him. Sometimes I was just there for dinner, sometimes I was there for several days. Steve had a place in the US close to work, and we also had a place in Canada. It didn't affect the process at all and I kept very detailed records of my crossings, plus carried all my proof of ties every time I crossed. I'm self-employed, but took proof of contracts with clients as well as utility bills, rent payments, credit card bills, etc. I only ever had a difficult time in secondary once when crossing, plus on one occasion when I flew back from England to Philadelphia. The "tough questioning" seemed to consist of a lot of repetition of "so you're really living in the US, then" and me saying "no, I live in Canada, and I have evidence of my ties to Canada". The sticking point was my being self-employed (they really didn't like that).

As long as you have clear proof that you are living in Canada, you should be fine. Especially as you're working for someone else. We did retain a lawyer but frankly it was a waste of money. (She was lovely, but we really didn't need her).

- Steve's wife

[Acadia 0]

Wow fast response!! Great help thank you

a few posters asked if I had a special visa as an airline pilot. To be honest, I am not sure. I don't carry any special personal paperwork with me to fly to the US. I think the situation is similar to a Canadian business man going to the us for business.

Neiks and Steve;

It sounds like in some ways, my situation is similar to yours.

One of my concerns is having to many belongings in the USA right now. I own part of a house, a boat and a car down there. In Canada I rent a room in a house, bank accounts, credit cards and more importantly I have my Job. But it looks like you both had some belongings in the US while the process was going through. Any problems with that in respect of them thinking that you might be trying to establish residence in the USA ahead of time?

I have been shopping for a lawyer getting free consultations and we are trying to decided if it's worth the 2500$ that most of them charge. So far with the consultations they all say I have 2 choices. After I get married, apply for the CR-1 from the US or from Canada. Drawback from the us application is that I would have to stay in the US for a few months without leaving the country before I can resume travels. I could get a leave of absence but that would be expensive. The Canadian route, although longer would "allow" me to travel to the US at the discretion of the border agent.

Even though I don't personally know the customs officers like Neiks does, when I travel in my pilots uniform the attitude of the officer is different. Almost a sense of being on the same team. So I think that might help a little when I go back and forth.

Question...... in order to apply from Canada, does your American spouse need to have legal residency in Canada? looking through the guide for Canadians I ran across something that suggested this. but when I asked the firms during consultations, they said no.

Anyway, I see why this site is called the Visa "Journey". By finding this site, I think our journey might be a little easier thanks to you.

Thanks Again!!

Acadia

[redmen99 1]

Wow fast response!! Great help thank you

a few posters asked if I had a special visa as an airline pilot. To be honest, I am not sure. I don't carry any special personal paperwork with me to fly to the US. I think the situation is similar to a Canadian business man going to the us for business.

Neiks and Steve;

It sounds like in some ways, my situation is similar to yours.

One of my concerns is having to many belongings in the USA right now. I own part of a house, a boat and a car down there. In Canada I rent a room in a house, bank accounts, credit cards and more importantly I have my Job. But it looks like you both had some belongings in the US while the process was going through. Any problems with that in respect of them thinking that you might be trying to establish residence in the USA ahead of time?

I have been shopping for a lawyer getting free consultations and we are trying to decided if it's worth the 2500$ that most of them charge. So far with the consultations they all say I have 2 choices. After I get married, apply for the CR-1 from the US or from Canada. Drawback from the us application is that I would have to stay in the US for a few months without leaving the country before I can resume travels. I could get a leave of absence but that would be expensive. The Canadian route, although longer would "allow" me to travel to the US at the discretion of the border agent.

Even though I don't personally know the customs officers like Neiks does, when I travel in my pilots uniform the attitude of the officer is different. Almost a sense of being on the same team. So I think that might help a little when I go back and forth.

Question...... in order to apply from Canada, does your American spouse need to have legal residency in Canada? looking through the guide for Canadians I ran across something that suggested this. but when I asked the firms during consultations, they said no.

Anyway, I see why this site is called the Visa "Journey". By finding this site, I think our journey might be a little easier thanks to you.

Thanks Again!!

Acadia

It sounds like to me that the attorneys are maybe suggesting (and wrongly so) that you get married in the states and adjust status? In that case you can't leave the US and its not the proper way to immigrate because you would have to prove that you didn't plan on getting married and staying, and since you are partial owner of a house and boat, that just wouldn't work for you.

If you do the CR-1 route, the paperwork is filed with the USCIS here in the states, and then after the brief stop at the NVC, your interview will be in Montreal. After you file the paperwork, you can still travel back and forth, as long as the border patrol let you in. Seeing as your are a pilot, I don't see you having any issues with this at all, but you never know. When I filed my paperwork, my husband was here for a slightly extended visit because he was unemployed. He never had a real issue crossing, nor was he ever denied entry. Granted, we don't own a house or anything together, but we had a smooth immigration experience.

Good luck to you and we are always here to help!

[Rebecca Jo 1,962]

I have been shopping for a lawyer getting free consultations and we are trying to decided if it's worth the 2500$ that most of them charge. So far with the consultations they all say I have 2 choices. After I get married, apply for the CR-1 from the US or from Canada. Drawback from the us application is that I would have to stay in the US for a few months without leaving the country before I can resume travels. I could get a leave of absence but that would be expensive. The Canadian route, although longer would "allow" me to travel to the US at the discretion of the border agent.

You are talking to the wrong type of attorney if they don't know that once you have activated your CR-1 (entered the US) that your green card arrives within a couple of weeks. Green card means (of course) that you can work.

Google Stuart Folinsky or Matthew Udall. You can probably email them about a telephone consult. Your sources so far don't sound very knowledgeable.

[sly_wolf 199]

Wow fast response!! Great help thank you

a few posters asked if I had a special visa as an airline pilot. To be honest, I am not sure. I don't carry any special personal paperwork with me to fly to the US. I think the situation is similar to a Canadian business man going to the us for business.

Neiks and Steve;

It sounds like in some ways, my situation is similar to yours.

One of my concerns is having to many belongings in the USA right now. I own part of a house, a boat and a car down there. In Canada I rent a room in a house, bank accounts, credit cards and more importantly I have my Job. But it looks like you both had some belongings in the US while the process was going through. Any problems with that in respect of them thinking that you might be trying to establish residence in the USA ahead of time?

I have been shopping for a lawyer getting free consultations and we are trying to decided if it's worth the 2500$ that most of them charge. So far with the consultations they all say I have 2 choices. After I get married, apply for the CR-1 from the US or from Canada. Drawback from the us application is that I would have to stay in the US for a few months without leaving the country before I can resume travels. I could get a leave of absence but that would be expensive. The Canadian route, although longer would "allow" me to travel to the US at the discretion of the border agent.

Even though I don't personally know the customs officers like Neiks does, when I travel in my pilots uniform the attitude of the officer is different. Almost a sense of being on the same team. So I think that might help a little when I go back and forth.

Question...... in order to apply from Canada, does your American spouse need to have legal residency in Canada? looking through the guide for Canadians I ran across something that suggested this. but when I asked the firms during consultations, they said no.

Anyway, I see why this site is called the Visa "Journey". By finding this site, I think our journey might be a little easier thanks to you.

Thanks Again!!

Acadia

I agree with some of the others ... your case may not be as complicated as you think. If you have the time to do some leg work and get informed ... ditch the lawyers.

Owning property in the US is not illegal. Staying more than 180 days would be a problem. Sounds to me like the CR1 would be the most interesting option for you.

[antda 13]

Acadia- I just sent you (by private message) the information regarding the immigration lawyer that I used before..

Hope you got the message, and hope that they are able to help in your case too...

Ant

[neiks 19]

Neiks and Steve;

It sounds like in some ways, my situation is similar to yours.

One of my concerns is having to many belongings in the USA right now. I own part of a house, a boat and a car down there. In Canada I rent a room in a house, bank accounts, credit cards and more importantly I have my Job. But it looks like you both had some belongings in the US while the process was going through. Any problems with that in respect of them thinking that you might be trying to establish residence in the USA ahead of time?

I don't think that at any point during the application process are you questioned where your belongings are. I was probably much like you. I had a house in Canada that I had belonging in that I could use when I was there and I had personal belongings at our home in the US when I was there. I think the main thing they are going to be concerned with is which country you are spending the majority of the time in and if you have sufficient ties to draw you back to Canada regularly. Your job being a major one and a residence.

If your going throught the immigration process "smartly" (and I agree with the others on here that it sounds like the lawyer you have consulted isn't steering you in the right direction) and you keep your strong ties in Canada then you should be fine.

[Rustbelt 0]

If you own part of a house, boat and car that may be seen as having ties to the US, but as Neiks said, as long as you have strong ties to Canada, you should be fine. No-one ever asked how much stuff I kept in the US or what property I owned there; I also did not volunteer this information. Only answer what you're asked, and do so honestly. So long as they were sure I was returning to Canada within a reasonable period of time and spending more time in Canada than the US, they were okay.

- Steve's wife