An unusual situation...any thoughts

[kingofbanff 1]

Every time I read one of these posts where it is apparent that someone is struggling financially, my heart goes out to them and I remind myself how fortunate I am to be Canadian and to have made the most of the opportunities I have found.

I sold my business in '99 and went travelling for five years. I spent 3 to 4 months a year in the U.S. which is where I met my now wife 4.5 years ago. In 2004 I started another business in Canada but sold it in Dec in preparation for marriage and living in the U. S.

Yes I'm getting to my question

I drove into the U.S. in November which is what I have done for the last 5 years or so. My truck usually winters in the U.S. as I fly around to various places. I have been to France, Brazil, the Dominican Republic and Canada as well as California, Nevada, Washington, Colorado and Texas since November. Since i don't work, I can do this travelling. My wife lives and works in the South.

My position is that I did not drive down here with intent to immigrate. My lifestyle has not changed since before my marriage. I am behaving the same way I have done for the past 6 years. Most of these trips are without my wife. I have enough money to not work again. My wife makes a lot of money.

Given that the USCIS is worried about people working illegally, i think they won't worry about me on that point. do you think they will be giving be a hassle on any other fronts? Should I be spending less time in the U.S.?

Frankly, I'm really no different than retired Canadians who drive down every year to stay in florida for four months

Thanks for your thoughts

Edited April 27, 2006 by kingofbanff

[sarah and hicham 3]

Are you trying to say in some unusual way that you want to be my co sponsor?

[Mr&Mrs2859 0]

I can't see them blaming you for being blessed and having enough money not to have to work

[Fuzzness 2]

I don't think they really care as long as you and your wife can support yourselves.

[Jersey Girl 2]

There's always the possibility that you could be turned away at the border because it's not apparent that you have enough financial ties to Canada that make your return likely. This is what happened to me (dual citizen) and then boyfriend (Canadian) when we tried to cross at Niagara Falls last Dec. It appreared he might have immigration on his mind since he lived on savings and investment income, just like you. Without a job to go back to, he was, in their opinion, a risk.

He was refused, we drove back to Toronto, gathered lots of supporting documents to show he'd be returning to Canada. They'd given us a checklist that included a return airline ticket (non-refundable is what they like), utility bills to show a domicile (they prefer mortgage records or rent receipts), a letter from his sister explaining that he lived in a family home (common with Portuguese), bank statements, investment records, etc.

We came back to the border that same day, fully prepared with this package and he was allowed to cross. However, he had been fingerprinted and photographed on that day's first attempt. We were married in New Jersey in March and he returned to Canada soonafter to wait for the K3 to be processed. We made sure he went back to Canada with that airline ticket.

You need to look at yourself through the eyes of U.S. Immigration, since they may perceive you to be a risk. Travelling all over the world hardly establishes you as a Canadian resident. But tax returns and bank statements would, so travel with as much supporting documentation as possible You're not a typical snowbird who winters in Florida and who needs to get back to Canada in 6 months before their Canadian health care expires, so don't position yourself that way. You're a person of means with a U.S. wife who has not yet filed for your visa.

So why not file for the K3, and stay in Canada like a good boy? With all your money, you could fly your wife to Banff as many times as you like. Need some sun? Go to to the Dominican Republic and even meet her there. Forget your past lifestyle because you changed your status (in the eyes of Immigration) by marrying an American. Don't compare yourself to other Canadians who travel to the States unless they're in your current position. There are a few here.

[pri 0]

You are really blssd to enjoy which is good, as Jersey girl states it has happ with her so it might be possible they might refuse u a entry

so just keep yr stuff ready to prove yr ties with Canada, I hv travelled every month even after applying but they hvnt questioned me yet

As my visa is apporved today i will be moving for good on my nxt trip..

Good luck

Al

[kingofbanff 1]

thanks for your response Jersey girl!

I should probably be a good boy and stay in canada until its all settled but it seems counter intuitive.

the americans should be happy I am staying in their country, not working, not causing trouble and spending money here.

but let's face it they are too busy to weigh every situation on its merits. they need standards to stick to , or none of us would ever get approved cause it would take so long. so its better for us all that they work this way so they can accomplish more.

when it comes to interview time, if I get asked where i have spent the last 6 months, i guess it will be a whole lot better if i can say that most of it was not in the u.s.

good luck all

[jen&darcy 0]

Are you trying to say in some unusual way that you want to be my co sponsor?

lmao! Didn't I see you last April when I drove through Banff? j/k!

[iceyspots 0]

hey if he has enough he could joint sponsor us all

[Jersey Girl 2]

the americans should be happy I am staying in their country, not working, not causing trouble and spending money here.

Immigration is a hot-potato issue in the States, so if you want Americans to be happy, you need to do things the right way. It may come as a surprise to you, but the U.S. economy does not depend on you spending money here. Until now, you came and went at will, as a jetsetter, a tourist, a bon vivant. But now, you married a Yank and that changes everything. Now you're seen as a potential immigrant, and hopefully, you want to be in the "legal" category (even though"illegals" maintain that the U.S. economy depends on their being here).

It doesn't take long to get a K3 visa, so get busy and make it a priority. Then you can come and go as you please again. Plus, you'll eventually be eligible to work (remember work?) and even become a citizen if you choose.

My humble advice is to start now and imagine being together permanently in the Fall: legal, no problems, nothing that will come back and bite you in the butt. There are two people to consider now, and possibly more if you plan a family. So do it right, at least for your wife, and the Americans will be happy as well.

[Flames9_RN 358]

In my opinion and not worth much, i would keep attempting to visit the USA while the process is ongoing. I travelled monthly to DC and never had 1 problem. Yes some do get hassled and denied, more or less comes down to the POE officer. Just have a back up plan in case they do deny u entry. As a cdn you can (once allowed entry) spend up to 6 months in the USA, nothing illegal about that. Best of luck