Extended visit advice while CR-1 Processes

[GregBu 1]

Ok, here's the deal. We expect our I-130 to be processed soonish. My wife graduates with her second Masters from UBC in late May. I'm flying up for the graduation.

She's officially transferring her residence back to her mother's house in Cape Breton, but in the meantime, she's coming to visit me in the U.S.

She's going to have her change of address info, showing her mother's place as her new residence (can probably even do a note from her mom, heh). And we'll have return airfare for her and documentation of that.

However, what we're wanting to do is move the bulk of her stuff down in that trip, have her stay in Austin for the next 3 or so months until her Montreal interview, then use her return airfare to fly to Montreal for the interview. Afterwards, she would stay at her mom's until the Visa was finished, then move back to Austin permanently.

I can see a few stumbling blocks with this plan, but the biggest one, in my estimation, is getting across the border. The second biggest one is...how do we move her stuff?

It can all fit in a car, but I have a feeling that trying to cross the border, with a car full of her stuff, is going to fail no matter if we have return airfare for her and a note from her mom and a change of address.

Her reasoning for the extended visit is going to be...she's just finished two graduate degrees. She wants to take the summer off with her husband, relaxing. Her return flight would be for sometime in early-ish August.

How do we make this work?

[brightskte 18]

I`m thinking, and I could be wrong, that if you are bringing her stuff down she will have to pay duties on it, and she probably wont be let in because it actually looks like she`s moving down already.

If you wait and bring down her stuff at POE she shouldn`t have to pay duties.

All in all it seems pretty risky to attempt this(with the moving of the stuff). Don`t put the wagon before the horse.

However, as long as she provides strong ties to Canada I don`t see why she wouldn`t be let in for a vacation. It`s all up to the BO at the end of the day.

Edited March 25, 2010 by Kayla*Mathew

[BriCar 0]

Ok, here's the deal. We expect our I-130 to be processed soonish. My wife graduates with her second Masters from UBC in late May. I'm flying up for the graduation.

She's officially transferring her residence back to her mother's house in Cape Breton, but in the meantime, she's coming to visit me in the U.S.

She's going to have her change of address info, showing her mother's place as her new residence (can probably even do a note from her mom, heh). And we'll have return airfare for her and documentation of that.

However, what we're wanting to do is move the bulk of her stuff down in that trip, have her stay in Austin for the next 3 or so months until her Montreal interview, then use her return airfare to fly to Montreal for the interview. Afterwards, she would stay at her mom's until the Visa was finished, then move back to Austin permanently.

I can see a few stumbling blocks with this plan, but the biggest one, in my estimation, is getting across the border. The second biggest one is...how do we move her stuff?

It can all fit in a car, but I have a feeling that trying to cross the border, with a car full of her stuff, is going to fail no matter if we have return airfare for her and a note from her mom and a change of address.

Her reasoning for the extended visit is going to be...she's just finished two graduate degrees. She wants to take the summer off with her husband, relaxing. Her return flight would be for sometime in early-ish August.

How do we make this work?

You could put her stuff in storage out in BC waiting for the proper time in the process to import her household goods.

Also reducing the amount of those goods would result in a smaller more economical storage locker.

[GregBu 1]

Good thoughts, thanks. Her Dad lives in Nanaimo, we can store the bulk of her stuff with him maybe. And I figure, if she's coming for an extended summer vacation, they should raise any eyebrows at two suitcases. Some people bring that for a 3 day trip, heh.

[Wyatt's Torch 45]

This same thread has been created by other users three times in the last couple of weeks, I think. I know I've given boatloads of advice on the same situation in other threads here recently.

[trailmix 77]

In my opinion your plan probably won't work.

- She has no visa so she will probably have to declare and pay duty on the items she is importing

- She will look like she is moving to the U.S. and a return ticket won't cut it for proof that she is not (nor will a note from her Mom )

Your best bet is to completely forget about importing her stuff just now, you will be lucky if she gets across the border with 'normal' luggage with so little evidence of ties to Canada. Good luck!

Edited March 25, 2010 by trailmix

[Wyatt's Torch 45]

I agree with Trailmix.

My reasoning can be found in PixelUlu's thread from this past weekend.

[GregBu 1]

I agree with Trailmix.

My reasoning can be found in PixelUlu's thread from this past weekend.

Ok, I've read as many other threads on this as I can find. So...I had more questions about our particular scenario.

We get to the airport and ...

My wife is coming to the States on the same flight as me and we both just had one bag, I will have just been visiting for 6 days, for her graduation.

She has a return ticket for Montreal dated about 10 weeks from now.

Her stated (and actual intent) is that she's just taking a vacation in the States, having literally graduated with her Master's degree only a few days earlier.

Will that fly?

Will a letter of character reference from her former boss at the RCMP (her last day there was this week) carry any weight?

Change of address forms, showing her permanent residence is moving to her mother's residence for now?

If we're asked, she knows she HAS to return to Canada. She hasn't finished the interview and immigration process, and if that takes several more months, that's fine, she just wants to spend a chunk of the summer relaxing with her husband after a well deserved break.

I know that you guys can't say, "Oh yeah, that'll work, no worries." But anything that can increase our odds would be great.

Other than a return ticket, she won't really have proof of Strong ties to Canada. Anything we tried to create to demonstrate that proof would be duplicitous, since she has every intention of moving here as soon as possible. But, she's not moving here yet, she just wants to visit.

As to other visits, she spent two weeks over Spring Break here, escaping the Olympics. And she is coming here for a conference in St. Louis next week, but in both of those cases, she has to return to school to finish her degree.

The point though is that, other than visits to see me of around two weeks at a time max, she hasn't been out of Canada for any lengthy period for over two years.

We just want to minimize the chances that she'll get denied at the border and we'll have to scramble to get her on a flight to her Mom's...or she'll have to stay in Vancouver longer.

Thanks again for the help and patience.

[Wyatt's Torch 45]

Return tickets ARE one of the best indicators that one will return to Canada. However, as any border guard knows, a ticket can be easily canceled.

Copies of bills may be good backup...

A lease agreement / rental agreement is always good backup too...even if it IS from her mother.

As you mention, it IS pretty much impossible for anyone to know definitively what will be asked by a particular border guard. In all the times I've crossed the border into the U.S. (probably 100 times in my life, at least a dozen during the immigration process), I haven't been asked for proof of ties. The one time I was grilled, I was asked for a return itinerary (I drove across from Vancouver to fly from Seattle to D.C.). But you never know...others have been grilled or denied, even after having what is often considered proof.

Basically, the best rule of thumb is for her to bring whatever backup she can...but to be friendly, confident and honest when crossing the border. I was never nervous when crossing, and I think that shows through to the border guard. All the proof in the world isn't going to help if the border guard smells ulterior motives (whether that presumption is correct or not).

[GregBu 1]

Thanks again Wyatt's Torch for the help and information, thanks to everyone else as well. This really is one of the best information and assistance communities on the web, especially for search a touchy and complex set of problem-rich issues.

Hmm, since we would be on the same flight returning, could we go through Custom's together? Last I checked the Vancouver airport was often mixing Canadians leaving with people from other countries leaving.

I only ask because, while my wife doesn't get nervous per se, my Border Guard answering Kung Fu is strong.

[Colleens 40]

I went down to stay with my fiance at the end of Nov after being laid off from my job. I crossed at a land border and was driving to my destination so I didn't have a return ticket. I had a couple of suitcases and a few other personal effects and my dog and cat. When asked what I did for a living I explained that I was just laid off and wanted to go down to visit my fiance for a couple of months until our visa interview was scheduled. He did as me a lot of questions and I did have to give him my mortgage documents as ties to Canada. I think that because my fiance is in the army and that fact that I knew all about the immigration process that helped me. He did have a look at what I was bringing with me and I explained the reasons why I was bringing those items and he didn't seem to have an issue with it. I had a really decent border agent, I think if I had come across someone a little more hardnosed I would have had a different outcome. I would suggest to have your wife's mother do up a formal rental agreement and bring any copies of bills that she may have in her name. And always be honest, and I think being confident is important too....if you are nervous it makes it look like you are not being fully honest and/or have something to hide. Good Luck

[coraliesolms 47]

Unfortunately this is one of those things where there are basic rules to it, but its 100% up to the PB agent you get. Some are cranky cynicists, some are lucky in loves... it seriously all depends. Be honest, confident and they will pick up on that..be squirrelly and nervous, and its off to the secondary interview "back room of doom".