Canadian Visiting boyfriend in the U.S

[*julez* 124]

Also it would be illegal for me to go their on "visit" and then try to apply for whatever visa?

Basically the answer to this is yes.

In a nutshell - if you enter the U.S., claiming you are going to visit and then trying to adjust your status - then what have you done? You have lied to the border officer when asked your intent when entering the U.S. Pretty much anytime you have to lie to a border officer, what you are doing is probably not legal

If it was ok for anyone to just cross in to the U.S. and stay then there would be no such thing as a K1 or K3 visa - there would be no need.

Now, of course, in the real world people probably do this all the time and don't get caught - however - and this is a big however - if you do get caught - my understanding is that you will be banned from entering the U.S. - that's a pretty big gamble in my opinion.

Try not to feel hopeless, really immigration is just a legal process you have to go through to live in another country - it's really not so hard, although it does involve having patience.

Your best bet is to read the guides and inform yourself about K3 visas and CR1 visas, so that when the time comes you will be ready to file to move to the U.S.

In the meantime, your only real, legal option is to visit your Husband to be while your file is being processed.

Thanks Carla! I was really just addressing this part of the conversation, since I think the OP is really stiill trying to ascertain all options available to them at the moment.

[Mrs. P 6]

Well, if you are only going to apply for a K1, K3 or CR/IR1 and then go back to Canada and wait it out, that is perfectly A-OK. My fiance was visiting me in the US when we sent off the I-129f packet and that is legal. Now that you know you need a visa, if you come here, get married and apply to adjust status, then that is illegal.

No, not at this time julez. She's going to have her fiance...soon to be husband emigrate to Canada. So, no 129F, no CR/IR1, at least not yet.

Just remember to bring lots of evidence of ties to Canada. I'd have your employer write out that you're currently on maternity leave, and when you're expected back. Make sure it's on company letterhead as well. Just be honest candbacon, tell them he's going to be immigrating to Canada, and you're just going down for the holiday season. When you're married, it won't make it any easier or harder to visit either, so don't worry about that.

Enjoy your holiday!

Thank you so much Carla, I feel a bit more level headed today. Last night I couldn't sleep, because I was just so worried. I hope and will just think positive that I will have no troubles flying out on sunday. Just wanted to make sure that if we get married that I wouldn't be banned from entering to visit him or something crazy like that.

Enjoy your holidays as well!!

Also it would be illegal for me to go their on "visit" and then try to apply for whatever visa?

Basically the answer to this is yes.

In a nutshell - if you enter the U.S., claiming you are going to visit and then trying to adjust your status - then what have you done? You have lied to the border officer when asked your intent when entering the U.S. Pretty much anytime you have to lie to a border officer, what you are doing is probably not legal

If it was ok for anyone to just cross in to the U.S. and stay then there would be no such thing as a K1 or K3 visa - there would be no need.

Now, of course, in the real world people probably do this all the time and don't get caught - however - and this is a big however - if you do get caught - my understanding is that you will be banned from entering the U.S. - that's a pretty big gamble in my opinion.

Try not to feel hopeless, really immigration is just a legal process you have to go through to live in another country - it's really not so hard, although it does involve having patience.

Your best bet is to read the guides and inform yourself about K3 visas and CR1 visas, so that when the time comes you will be ready to file to move to the U.S.

In the meantime, your only real, legal option is to visit your Husband to be while your file is being processed.

Thanks Carla! I was really just addressing this part of the conversation, since I think the OP is really stiill trying to ascertain all options available to them at the moment.

Thanks Juelz for your response!!

[Krikit 1,165]

It's always a guessing game as to how a border officer will be once you present yourself to them. The majority of us have never been refused entry but there is always those few who do get turned back..... But they do appear to be legitimate denials. Definitely let them know (if they ask) that the intent is for your fiancé to immigrate to Canada and not the other way around. I find this link to be most helpful for people visiting the US: Visitation FAQ's.

I don't know how successful you'll be with this but you may be interested in applying for The Nexus Program. That way you can have your one-time indepth interview with them and get it over with rather than facing this worry each time you visit.

Good luck with everything!

[MsZ 6]

We have been married for over a year now, traveling back and forth regularly without a problem. In fact, I think it has been easier since we got married. They always ask about immigration plans -- who is going where -- and we tell them where we are in the process. There was only one time where I thought we might get stopped and that was crossing into Maine and the guy hesitated before warning that my husband couldn't stay in the US for long. We repeated what we know of the rules for visitiing and he was satisfied.

So far my husband has crossed at 3 different points so our experience is getting broader.

Be honest. Be courteous. Be confident. Have your ducks in a row. And don't get frazzled even if they seem to be giving you a hard time. You are very much allowed to visit at the discretion of the border guard. So the border guard is your friend! :-)

He did have to go through the whole "search the vehicle and fill out paperwork" thing once, but that was because he was the lucky 200th crosser. They assured him it had nothing to do with his pending immigration status (we're a CR1). It was just the luck of the draw.

[bluegreen 0]

If you HAVE begun the process of getting the waivers and things you need in order for your partner to immigrate to Canada, you could even bring that paperwork along with you too, to show that you are in some kind of legal immigration process "the other way." Getting that stuff rolling is a big commitment and therefore might show that you really mean what you say—that HE is coming to YOU eventually!

[Reba 2]

I haven't read every post in this thread, but I have a bit of experience with the Canadian Rehabilitation process because my hubby has a record too, so if you need some help I'd be glad to point you in the right direction and whatnot. There's not many folks (maybe 3, and I'm one of 'em) on Road To Canada with experience with the Rehab stuff.

Also, for the first 3 years of our marriage I was easily able to travel back and forth to the US and he was unable to visit Canada. All I ever had to say was that the intent was for him to move to Canada, we're just waiting on paperwork, and they'd waive me thru. When that didn't work out, (CIC kept losing shi t) we started the process for me to move to the US, and here I am.

[Mrs. P 6]

Thanks Everyone for your responses. I was so FRAZZLED to say the least. Well me and baby made it across to the U.S this passing Sunday and the I/O did question me a bit, but he was nice. He asked if my boyfriend was my child's father, what I do currently in Canada (Maternity leave) and if I will be returning. He asked what my boyfriends Occupation was. He asked me a question (can't remember now) but i ended up explaining that my boyfriend has been denied entry and that we are working on his pardon and rehab, and he said why don't you just apply for a K-1....well i played dumb with that one, because i wasn't sure if it was a trick question, i was like "what is that?" Then he said a visa for me to get married and stay there, however i said clearly and boldly to him "I DON'T WANT TO LIVE IN THE U.S" i wasn't rude, but i had to lay it out on the line. I mean we will move back there, but as of right now I don't have any intentions to leave Canada, not for at least the next few years. Well as soon as I said that he stamped my paper and said, Have a great trip! lol...So my lesson is my magic words are "I DON'T WANT TO LIVE IN THE U.S" lol. I had so much documents, bank statements, bills, lease, letter from employer, letter from familiy member, all for NOTHING! I will keep it though, because all my future trips may not be as lucky. Well I'll be enjoying this Florida weather as Canada is FREZZING right now. Thanks again. I will keep you updated, and maybe i will start a timeline soon, when we get our paperwork for immigration started. We are leaning towards getting married soon, so I may be a wife in the New Year. Thanks again!

I haven't read every post in this thread, but I have a bit of experience with the Canadian Rehabilitation process because my hubby has a record too, so if you need some help I'd be glad to point you in the right direction and whatnot. There's not many folks (maybe 3, and I'm one of 'em) on Road To Canada with experience with the Rehab stuff.

Also, for the first 3 years of our marriage I was easily able to travel back and forth to the US and he was unable to visit Canada. All I ever had to say was that the intent was for him to move to Canada, we're just waiting on paperwork, and they'd waive me thru. When that didn't work out, (CIC kept losing shi t) we started the process for me to move to the US, and here I am.

Thanks Reba. I will definitly have some questions for you very soon.