First steps on the journey

[Andy and Kayla 45]

Hi!

I am happy to have found this forum while looking up potential immigration issues with my girlfriend who is a Canadian. I have to admit that reading through all the information and many posts here has left me more confused and scared then informed (not you folks, the border/immigration issues and laws). I have many questions, but I am just going to go one step at a time. I apologize in advance about the potential ramble.

A bit of back story. I am a 33 year old who recently went through "legal separation" (more on that in a second) from my wife of 11 years. In the last couple of months I have started a online relationship with a wonderful Canadian girl. We met on WoW early this year and became friends over the course of the year. After my wife and I had decided to get divorced, she and I started talking more and more, and soon realized that we were very compatible and alike in a lot of ways. Long story short (too late!) we have fallen very much in love. We realized early on that there would be a lot of complications involved with an international relationship (thank God for VoIP with free US-Canada calling) but we both agree that the challenges will make our relationship that much better as we face them together. I am going to see her for the first time in a couple of weeks and we have discussed her coming down here to stay for an extended period in time next year. We want to do everything right by the laws of our countries to ensure a long and happy life together.

So here are some of the questions I have at this stage.

First, When I go up to Canada in a couple weeks, is there anything special I need to say/not say? I will be driving up and crossing at Buffalo/Niagra Falls and plan to stay for about 5 days and than go home.

Secondly, When she wants to fly down here, what should she expect? I would love to have her stay as long as possible (180 days i believe) but I have read that the border folks can be troublesome about extended stays for younger ladies (shes 20). Also, the "ties to Canada" thing concerns me too. She is currently in trade school, but finishes in December, is not currently employed and lives with her mother and stepdad. Any suggestions, help or advice here? Should she only plan to stay for shorter periods (say 45 days) and return for a few weeks before coming back? Can she initially enter for 45 days or so and then get her I-94 extended? Would it be better to enter via air or land?

Third, The 180 days thing is quite confusing as I understand Canadians can enter and return within that period without it "resetting". If she stays 180 days, how long does she have to be out of the US before she can return?

Fourth, how will legal separation vs divorce factor in if we want to begin the visa process for her? Due to the laws in the great People's Republic of North Carolina, my ex-wife and I will not be granted the divorce for a year and a day after the legal separation was filed,which technically is tomorrow October, 19th, again due to more wonderful legalese. Will this come into effect if she and I want to begin the fiancee visa process? Can we begin now, or do we have to wait till October 20, 2010?

Lastly, Is there anything we can be doing now to ensure the process goes smoothly in the future?

Any and all advice is appreciated. I never thought that doing the "right" thing would be so damn complicated.

Andy

[Krikit 1,164]

First, When I go up to Canada in a couple weeks, is there anything special I need to say/not say? I will be driving up and crossing at Buffalo/Niagra Falls and plan to stay for about 5 days and than go home.

The best POE is the Peace Bridge (Buffalo/Fort Erie). Then Lewiston, then the Rainbow Bridge. Don't ever cross at the Rainbow Bridge. lol

Here is a good site for you to read: Peace Bridge

Secondly, When she wants to fly down here, what should she expect?

Here is another good site: CBP - For International Visitors

I would love to have her stay as long as possible (180 days i believe) but I have read that the border folks can be troublesome about extended stays for younger ladies (shes 20). Also, the "ties to Canada" thing concerns me too. She is currently in trade school, but finishes in December, is not currently employed and lives with her mother and stepdad. Any suggestions, help or advice here? Should she only plan to stay for shorter periods (say 45 days) and return for a few weeks before coming back? Can she initially enter for 45 days or so and then get her I-94 extended? Would it be better to enter via air or land?

Third, The 180 days thing is quite confusing as I understand Canadians can enter and return within that period without it "resetting". If she stays 180 days, how long does she have to be out of the US before she can return?

Visitation FAQ's

CBP FAQ - How Long Can Canadians Stay

Canadians do not receive an I-94 unless the CBP Officer requires it because they are suspicious of the purposes of the entry. So there is no extension to apply for.

Fourth, how will legal separation vs divorce factor in if we want to begin the visa process for her? Due to the laws in the great People's Republic of North Carolina, my ex-wife and I will not be granted the divorce for a year and a day after the legal separation was filed,which technically is tomorrow October, 19th, again due to more wonderful legalese. Will this come into effect if she and I want to begin the fiancee visa process? Can we begin now, or do we have to wait till October 20, 2010?

You cannot send off the I-129F petition until you are legally free to marry. If you are not legally free to marry, then the earliest date for you would be October 20, 2010. You can, however, start reading up on The Guides and The FAQ's.

Welcome to VJ, Andy.

[antda 13]

Hi Andy and Kayla,

Welcome to VJ! And thanks for sharing your story. Hope you will continue to stay for the first stage and for many stages to come in this long immigration process....

In answer to your questions:

1) From personal experiences (my husband and I cross the border a lot), you're better off crossing the Peace Bridge at Buffalo/Ft.Erie, as that's the quickest and easiest way to get to Canada and back to the USA. When you cross the border, just tell the truth about your trip/visit, bring your passport and/or other identification, have enough money and things for the entire length of your visit, and make sure you bring evidence of "ties" (return tickets, rent/lease, pay stubs, employment papers, etc.) back to the USA to show that you are going to return and not stay in Canada indefinitely. Also bring $3-$4 USD or CDN for the bridge tolls. If you don't mind me asking, where in Canada are you going to visit? If so..maybe you can ask more about places in Canada here too, as I'm sure many Canadians can give you more travel tips here.

2) Sorry, I don't know about the flying from Canada...maybe another vjer can help with that. And it is quite rare that Canadians get Visitor's Visas (B-2) and/or I-94s (lol..though I was one of those unfortunate people that got one of those when I came to the USA)..Heck, most of them don't even get stamps in their passports (though they are scanned in the system). But do though, keep a track record on your own about these trips (with pen, paper, whatever else), because you're going to need these dates later on for immigration purposes.

3) Yes, Canadians can stay in the USA for up to 180 days continuously. Think the clock re-starts after the 180 days..Can someone else clarify on that?

4) For immigration purposes, you're going to have to be "free and legal to re-marry" in order to proceed with the immigration process in the USA. You can't legally file now until your divorce is complete, however, you can look up the information and get the paperwork ready beforehand. There are many ways to go about this, and many ways to do this legally. For example: K1 (fiance visa...marry in the USA...then apply for the green card in the USA), K3 (marriage visa...marry in Canada...come to the USA..then apply for the green card in the USA), CR/IR (marriage visa...marry in Canada....apply for the green card in Canada...come over to the USA), etc. Oh and be prepared for high costs and long waits for the entire immigration process...Start saving for the fees now too!

For your process to go smoothly, stick on visa journey for awhile, and you'll get the hang of it all...

It might seem stressful now, but it will all come together in the end...And yes, you are starting off the right way, by posting here on vj.

Hope this helps. In the meantime, enjoy the time with your Canadian girlfriend...Have fun...And good luck on your journey...

Ant

Hi!

I am happy to have found this forum while looking up potential immigration issues with my girlfriend who is a Canadian. I have to admit that reading

through all the information and many posts here has left me more confused and scared then informed (not you folks, the border/immigration issues and laws). I have many questions, but I am just going to go one step at a time. I apologize in advance about the potential ramble.

A bit of back story. I am a 33 year old who recently went through "legal separation" (more on that in a second) from my wife of 11 years. In the last couple of months I have started a online relationship with a wonderful Canadian girl. We met on WoW early this year and became friends over the course of the year. After my wife and I had decided to get divorced, she and I started talking more and more, and soon realized that we were very compatible and alike in a lot of ways. Long story short (too late!) we have fallen very much in love. We realized early on that there would be a lot of complications involved with an international relationship (thank God for VoIP with free US-Canada calling) but we both agree that the challenges will make our relationship that much better as we face them together. I am going to see her for the first time in a couple of weeks and we have discussed her coming down here to stay for an extended period in time next year. We want to do everything right by the laws of our countries to ensure a long and happy life together.

So here are some of the questions I have at this stage.

First, When I go up to Canada in a couple weeks, is there anything special I need to say/not say? I will be driving up and crossing at Buffalo/Niagra Falls and plan to stay for about 5 days and than go home.

Secondly, When she wants to fly down here, what should she expect? I would love to have her stay as long as possible (180 days i believe) but I have read that the border folks can be troublesome about extended stays for younger ladies (shes 20). Also, the "ties to Canada" thing concerns me too. She is currently in trade school, but finishes in December, is not currently employed and lives with her mother and stepdad. Any suggestions, help or advice here? Should she only plan to stay for shorter periods (say 45 days) and return for a few weeks before coming back? Can she initially enter for 45 days or so and then get her I-94 extended? Would it be better to enter via air or land?

Third, The 180 days thing is quite confusing as I understand Canadians can enter and return within that period without it "resetting". If she stays 180 days, how long does she have to be out of the US before she can return?

Fourth, how will legal separation vs divorce factor in if we want to begin the visa process for her? Due to the laws in the great People's Republic of North Carolina, my ex-wife and I will not be granted the divorce for a year and a day after the legal separation was filed,which technically is tomorrow October, 19th, again due to more wonderful legalese. Will this come into effect if she and I want to begin the fiancee visa process? Can we begin now, or do we have to wait till October 20, 2010?

Lastly, Is there anything we can be doing now to ensure the process goes smoothly in the future?

Any and all advice is appreciated. I never thought that doing the "right" thing would be so damn complicated.

Andy

Edited October 18, 2009 by Ant+D+A

[Krikit 1,164]

3) Yes, Canadians can stay in the USA for up to 180 days continuously. Think the clock re-starts after the 180 days..Can someone else clarify on that?

From the CBP FAQ link I provided above:

The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant. There is no set period of time Canadians must wait to re-enter the U.S. after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc.

[Dakine 26]

Hi!

I am happy to have found this forum while looking up potential immigration issues with my girlfriend who is a Canadian. I have to admit that reading through all the information and many posts here has left me more confused and scared then informed (not you folks, the border/immigration issues and laws). I have many questions, but I am just going to go one step at a time. I apologize in advance about the potential ramble.

A bit of back story. I am a 33 year old who recently went through "legal separation" (more on that in a second) from my wife of 11 years. In the last couple of months I have started a online relationship with a wonderful Canadian girl. We met on WoW early this year and became friends over the course of the year. After my wife and I had decided to get divorced, she and I started talking more and more, and soon realized that we were very compatible and alike in a lot of ways. Long story short (too late!) we have fallen very much in love. We realized early on that there would be a lot of complications involved with an international relationship (thank God for VoIP with free US-Canada calling) but we both agree that the challenges will make our relationship that much better as we face them together. I am going to see her for the first time in a couple of weeks and we have discussed her coming down here to stay for an extended period in time next year. We want to do everything right by the laws of our countries to ensure a long and happy life together.

So here are some of the questions I have at this stage.

First, When I go up to Canada in a couple weeks, is there anything special I need to say/not say? I will be driving up and crossing at Buffalo/Niagra Falls and plan to stay for about 5 days and than go home.

Secondly, When she wants to fly down here, what should she expect? I would love to have her stay as long as possible (180 days i believe) but I have read that the border folks can be troublesome about extended stays for younger ladies (shes 20). Also, the "ties to Canada" thing concerns me too. She is currently in trade school, but finishes in December, is not currently employed and lives with her mother and stepdad. Any suggestions, help or advice here? Should she only plan to stay for shorter periods (say 45 days) and return for a few weeks before coming back? Can she initially enter for 45 days or so and then get her I-94 extended? Would it be better to enter via air or land?

Third, The 180 days thing is quite confusing as I understand Canadians can enter and return within that period without it "resetting". If she stays 180 days, how long does she have to be out of the US before she can return?

Fourth, how will legal separation vs divorce factor in if we want to begin the visa process for her? Due to the laws in the great People's Republic of North Carolina, my ex-wife and I will not be granted the divorce for a year and a day after the legal separation was filed,which technically is tomorrow October, 19th, again due to more wonderful legalese. Will this come into effect if she and I want to begin the fiancee visa process? Can we begin now, or do we have to wait till October 20, 2010?

Lastly, Is there anything we can be doing now to ensure the process goes smoothly in the future?

Any and all advice is appreciated. I never thought that doing the "right" thing would be so damn complicated.

Andy

Try the "shoe on" to be sure it fits in person before getting to involved.

On your 1ST trip take LOTS of pictures with your, her and her family and friends. Keep all receipts of your trip. Even baggage checks.

[Spoom 8]

Hi!

I am happy to have found this forum while looking up potential immigration issues with my girlfriend who is a Canadian. I have to admit that reading through all the information and many posts here has left me more confused and scared then informed (not you folks, the border/immigration issues and laws). I have many questions, but I am just going to go one step at a time. I apologize in advance about the potential ramble.

Welcome to the forum. Immigration is a long process, but most people can do it. It requires time, effort, and most of all, patience.

First, When I go up to Canada in a couple weeks, is there anything special I need to say/not say? I will be driving up and crossing at Buffalo/Niagra Falls and plan to stay for about 5 days and than go home.

Nope. You're just a visitor. The only thing you have to assure them of is that you will not work while up here. That goes for your girlfriend when she visits you as well. Of course, don't mention that if they don't ask; like all border crossings, only answer the questions that they ask of you and don't volunteer information that wasn't prompted.

Secondly, When she wants to fly down here, what should she expect? I would love to have her stay as long as possible (180 days i believe) but I have read that the border folks can be troublesome about extended stays for younger ladies (shes 20).

She's likely going to have problems coming down for more than a month or two. The legal limit is six months of visa-free travel, but that's mostly set due to the fact that the IRS considers one a de facto resident if you're there even a day over 182 days. To enter the US as a non-immigrant, one must have significant ties to Canada, and the longer one wants to stay, the more they'll ask. Things that can help include a letter from one's employer, school registration for the future, ongoing lease agreements, etc. Basically, anything that will prove your girlfriend will return to Canada at the end of her intended stay.

Also, the "ties to Canada" thing concerns me too. She is currently in trade school, but finishes in December, is not currently employed and lives with her mother and stepdad. Any suggestions, help or advice here? Should she only plan to stay for shorter periods (say 45 days) and return for a few weeks before coming back? Can she initially enter for 45 days or so and then get her I-94 extended? Would it be better to enter via air or land?

This... doesn't sound good. I think if you're employed, you'd do better to go up and visit her when you can. Yes, likely it would be better for her to come for shorter visits, but even then her admission is not guaranteed. Once your girlfriend goes over for more than, say, a week, they start to ask the "ties to Canada" questions, and she basically doesn't have any. Yes, you could apply to have her I-94 extended, but that only applies if she actually have an I-94, which most Canadians visiting the US do not (they don't generally give them out for Visa Waiver Program admissions, they just let the person in). And if she later wants to immigrate, I'd be careful with overstays as well. While she does have up to six months legally as you said, if she tells the border officers a return date and then stays for much longer, that could come back to bite you both in the (_|_), since USCBP does often make detailed notes in their database, and that's usually tied to the entrant's passport.

All in all, if a person is unemployed, not in school, and don't have a "real" lease (they will just laugh at anything from parents, I say this from experience), they're going to have a hard time with US Customs and Border Patrol. They'll think the person is an intending immigrant and turn them back at the border.

Third, The 180 days thing is quite confusing as I understand Canadians can enter and return within that period without it "resetting". If she stays 180 days, how long does she have to be out of the US before she can return?

Another 180 days. Basically, she should avoid spending more time in the US than in Canada in any given year as an non-immigrant. If she does, she'll start to have all sorts of issues with both taxes and customs (as mentioned above, the IRS will consider her a de facto resident and expect her to pay tax). I would limit visits to about a month or so.

Fourth, how will legal separation vs divorce factor in if we want to begin the visa process for her? Due to the laws in the great People's Republic of North Carolina, my ex-wife and I will not be granted the divorce for a year and a day after the legal separation was filed,which technically is tomorrow October, 19th, again due to more wonderful legalese. Will this come into effect if she and I want to begin the fiancee visa process? Can we begin now, or do we have to wait till October 20, 2010?

Unfortunately, the final divorce decree document is required for a fiance(e) visa to prove that you are free to marry. See if you can speed up your divorce, I guess.

Lastly, Is there anything we can be doing now to ensure the process goes smoothly in the future?

Don't ever, ever lie or misrepresent yourself to USCBP (customs) or USCIS. Same goes for CBSA (Canadian customs) if you decide to go the other route (with you moving to Canada). Misrepresentation can result in a ban (yes, ban) from the country for her, and will prevent you from being able to easily file any visa paperwork later on.

Document your trips. If you do go the fiance(e) visa route, they'll want to see proof of two main things: that you have a bona fide relationship, and that you have met at least once in the last two years in the US. So take lots of pictures, keep cell phone / long distance / VOIP bills (with numbers called if possible), if she ever gets an admission stamp (the Peace Bridge usually gives these), keep whatever it was stamped on (usually they won't stamp your passport, they'll stamp, e.g., Greyhound tickets) or at least a scan / photocopy of it, and keep any documentation that you have of trips taken together (such as hotel receipts). Pictures are good but they're secondary evidence; you need solid documentary evidence to prove that you've actually met in the US.

Good luck. It's a hard journey doing the long distance relationship thing, but you can get through it. The fact that there are so many of us here proves that.

Edited October 18, 2009 by Spoom

[Krikit 1,164]

Just clearing up some misinformation.....

Nope. You're just a visitor. The only thing you have to assure them of is that you will not work while up here. That goes for your girlfriend when she visits you as well.

They also want to be sure you are returning to your country and not trying to bypass the immigration process.

Yes, you could apply to have her I-94 extended, but that only applies if she actually have an I-94, which most Canadians visiting the US do not (they don't generally give them out for Visa Waiver Program admissions, they just let the person in).

Canada is not in the Visa Waiver Program. And I-94's are given to those within the VWP.

And if she later wants to immigrate, I'd be careful with overstays as well. While she does have up to six months legally as you said, if she tells the border officers a return date and then stays for much longer, that could come back to bite you both in the (_|_), since USCBP does often make detailed notes in their database, and that's usually tied to the entrant's passport.

It won't make any difference whether she changes her mind on the return date or not. They are only interested in overstays.

Pictures are good but they're secondary evidence; you need solid documentary evidence to prove that you've actually met in the US.

They want evidence that you have met within the last two years. It makes no difference where that meeting occurred.

[Spoom 8]

They also want to be sure you are returning to your country and not trying to bypass the immigration process.

Sure.

Canada is not in the Visa Waiver Program. And I-94's are given to those within the VWP.

Yes, but for Canadian citizens, not often (as I pretty much said). And fine, technically Canada is not in the visa waiver program, but the US allows an even broader array of visa-free travel for Canadian citizens than countries in the program.

It won't make any difference whether she changes her mind on the return date or not. They are only interested in overstays.

Can you back this up? If, say, you tell USCBP that you intend to stay a weekend and then stay for six months, are you stating that this is OK? Remember that they don't usually issue I-94s on land crossings by Canadian citizens.

They want evidence that you have met within the last two years. It makes no difference where that meeting occurred.

Upon further research, you're correct. Not sure where I got that idea from.

Edited October 18, 2009 by Spoom

[Krikit 1,164]

It won't make any difference whether she changes her mind on the return date or not. They are only interested in overstays.

Can you back this up? If, say, you tell USCBP that you intend to stay a weekend and then stay for six months, are you stating that this is OK? Remember that they don't usually issue I-94s on land crossings by Canadian citizens.

Yes. I've done it numerous times. Are you the Canadian or the USC?

[Spoom 8]

I mean in the case of a Canadian citizen entering the United States. I suppose they wouldn't have a record of your exit, but if they don't issue you an I-94 with an expiration date, are you saying that means you can legally stay as long as you like within the six month limit, even if you've told them a specific return date at the point of entry?

Edited October 18, 2009 by Spoom

[Krikit 1,164]

I mean in the case of a Canadian citizen entering the United States. I suppose they wouldn't have a record of your exit, but if they don't issue you an I-94 with an expiration date, are you saying that means you can legally stay as long as you like within the six month limit, even if you've told them a specific return date at the point of entry?

Yes, that is correct.

I was asking if you were the Canadian or the USC because you seem to be a little blurry on the technicalities and I was trying to get a feel for the angle you were approaching this from.

Edited October 18, 2009 by Krikit

[thetreble 19]

are you saying that means you can legally stay as long as you like within the six month limit, even if you've told them a specific return date at the point of entry?

yes.

[Hugglebuggles 60]

People can change their minds and stay longer if they see fit, no problems with that as long as an overstay does not occur. Now if you enter the US and purposely lie saying you are going to stay for a weekend but really intend on staying for 6 months then yes, that may pose a problem. Lying to a border official is never a good idea and has serious penalties of discovered. Honesty is always the best policy.