question

[incanada1234 0]

Hubby and I are in a bit of a bind. Our case was completed March 24 but the lovely Montreal embassy is taking 4-5 months for interviews. We're in our apartment until May 31 but we're leaving after that. We had a condo to move into until our interview but that condo is no longer available. I DO NOT want to live with his parents for 3 months (shudder) but I also know that no one's going to let us rent for just 3 months.

You probably didn't need to know all that but my QUESTION is this: what if we both just went to the US already until the interview? Hubby obviously couldn't work until then but that's fine, as we've amassed a good deal of savings in the last few years and also I could start working right away anyway. Would this be illegal? I honestly don't know. I know that Canadians go to the US all the time and stay for up to 6 months before they have to go back. When I came here to Canada I got a visitor's visa that lasted that long and I'm wondering if it would be the same thing on the US border side if we were to go.

I would be eternally grateful to ANYone that would know the answer to this. Thanks.

[w¡n9Nµ7 §£@¥€r 123]

The CBP at your port of entry will, if they're doing their jobs correctly, know that your husband has a pending visa application at Montreal. If asked about this, do not lie. It will be up to them whether or not they let him in. Don't count on it happening, it very well may not.

[pax 0]

I don't see why not, seeing as you know the rules and plan to play by them. The problem, of course, would be getting past CBP, but if you had some proof that you're waiting for his CR-1/IR-1 interview (I imagine an NOA-2 for the I-130 would do that), I would think that would be enough to get them to believe that he has intent to return to Canada.

Maybe Zyggy will pick up on this thread.

[incanada1234 0]

Here's another question then - what if we said we were only visiting for a few weeks?

[pax 0]

Here's another question then - what if we said we were only visiting for a few weeks?

[w¡n9Nµ7 §£@¥€r 123]

Here's another question then - what if we said we were only visiting for a few weeks?

First of all, if you say that but you intend to remain longer, you're lying to CBP. That's a no-no here in VJ la-la land.

And besides, the original problem remains. CBP already knows your husband intends to immigrate to the US. How can they know he will return to Canada? Like pax said, carrying the interview notice may help. But in end it's up to their discretion so I wouldn't make any plans based on successful entry.

[incanada1234 0]

CBP already knows your husband intends to immigrate to the US. How can they know he will return to Canada?

Yeah but we've gone on vacation lots of times and they've never once said anything about immigration.

[w¡n9Nµ7 §£@¥€r 123]

CBP already knows your husband intends to immigrate to the US. How can they know he will return to Canada?

Yeah but we've gone on vacation lots of times and they've never once said anything about immigration.

If you've crossed the border since the initial petition filing, they've known about it. If they didn't say anything it's only been because the officer didn't believe your husband presents a risk.

All I'm saying is, it's up to CBP discretion. Whether you want to plan your life based on that is your choice.

If I was in your situation, I'd put the wife in her parents house and go to the US myself, get a job and apartment and get my sh!t settled.

[000OOO000 0]

Could you talk to your apt. manager and ask to allow you to stay the 3 months?

[incanada1234 0]

Arijit, my preference is yours actually - I'm the USC and I would like to just leave June 1 and start working, getting settled, etc. But hubby doesn't like the idea AT ALL. He doesn't want us to be apart.

LMR - Just today I told husband to ask our apartment manager about staying another 3 months. We've already signed all the papers to get out of here by May 31 so I doubt they'll agree. I guess we'll see though.

Anyway, I shouldn't have asked about lying to customs, I wouldn't be able to do it anyway. I'm chicken sh*t.

[hockeygal 0]

Are your soon-to-be in-lwas really that bad? (not that I'd wanna do it...) Any friends who might have a basement or spare room they are willing to rent out?

You've come this far, I wouldn't start messing with half-truths etc now. I know it is a pain to part, but why not go to the US alone and settle in? Your husband can always come and visit frequently. I also gather you will have to stash all your belongings somewhere when you cross, you can't take them withyou At least he can't.

On another note - Agent Smith, you said the border folks can tell you have a K1 petion ongoing? Really? From putting your name in the computer? Is that the USC's name or the beneficiary's name? Asking cuz I never use the term "fiance" and would probably say boyfriend when I cross next... don't want to raise any red flags!

[w¡n9Nµ7 §£@¥€r 123]

I'm chicken sh*t.

On another note - Agent Smith, you said the border folks can tell you have a K1 petion ongoing? Really? From putting your name in the computer? Is that the USC's name or the beneficiary's name? Asking cuz I never use the term "fiance" and would probably say boyfriend when I cross next... don't want to raise any red flags!

The way I understand it, if the system works as expected, either name should trigger a hit.

[incanada1234 0]

hockeygal, I love my in-laws but I'm pretty sure they don't want us living with them for 3 months. They still have a 21-year-old and a 23-year-old living with them. And I can't say I'm in the mood to beg.

I know it is a pain to part, but why not go to the US alone and settle in? Your husband can always come and visit frequently. I also gather you will have to stash all your belongings somewhere when you cross, you can't take them withyou At least he can't.

Yeah, as I said, that's my first choice but my husband doesn't like it. As for belongings, those WILL have to stay with the in-laws until after our interview.

[Leafgal 3]

I believe you can just stay in your apartment, do you know if they have it rented yet? It used to be as a tenant you could change your mind and stay and the landlord couldn't do anything about it (in Ontario). So you might be ok.

Leafgal

[incanada1234 0]

I believe you can just stay in your apartment, do you know if they have it rented yet? It used to be as a tenant you could change your mind and stay and the landlord couldn't do anything about it (in Ontario). So you might be ok.

Leafgal

Literally the DAY after we gave our notice and signed the papers, they showed our apartment to a couple who ended up taking it. Figures.

Thanks for your answers, everyone. I'm going to talk the hubby into just letting me go myself and getting settled until our interview. It's going to suck being without him but it's the only thing I can think of to do.