Got my visa -- now confused about what I can and can't do?

[simistar 2]

Hi all,

I just got my passport and visa (CR1) in the mail on Tuesday - yay!

However, I am confused as to what the procedure is now...

I.E. rules/laws for when I cross the border for the first time, do I have to stay a certain amount of time before coming back to Canada... etc etc

I've tried searching the topics here as well as the Wiki...

The best I could find was other people confused too:-)

PLEASE, if there is a Wiki posting or a thread on this, point me in the right direction!

If there's not... I have a few questions I will post just in case any of you brilliant veteran VJers know the answers...

1. At my POE (first time crossing the border with my visa) -- do I need to be with my husband (the USC)...? Or can I cross on my own?

2. Do I need to be heading to the U.S. address we gave in our application...?

(Basically, I may need to fly to LA for a meeting with an agency that can get me work...but the US address we gave in our application was my in-laws in Georgia...the agency can hopefully get me work in Georgia...but I need to go to LA first... make sense? )

3. Once i have crossed the border for the first time, do I need to stay in the United States for a certain period of time before I can return to Canada?

(we'll have lots of loose ends to tie up, which means ideally, I'd like to be able to travel back and forth)

4. if I do come back to Canada, is there a certain period of time I am allowed to stay for before I have to go back to the US...?

(i.e. am I only allowed to come back for a day or two, a week, etc..?)

Thank you SO much in advance...

We REALLY want to get rolling on everything...just want to make sure we have all the right info first:-)

[trailmix 77]

1. At my POE (first time crossing the border with my visa) -- do I need to be with my husband (the USC)...? Or can I cross on my own?

You can do it on your own, but he does need to be in the U.S. - that's part of the 'reestablishing domicile' thing - you intend to reestablish domicile no later than the intending immigrant. Now I don't know this for a fact, this is my take on it - however if he is still living in Canada - that might pose a problem.

2. Do I need to be heading to the U.S. address we gave in our application...?

(Basically, I may need to fly to LA for a meeting with an agency that can get me work...but the US address we gave in our application was my in-laws in Georgia...the agency can hopefully get me work in Georgia...but I need to go to LA first... make sense? )

No. Just tell them where you are going and why - if they ask.

3. Once i have crossed the border for the first time, do I need to stay in the United States for a certain period of time before I can return to Canada?

(we'll have lots of loose ends to tie up, which means ideally, I'd like to be able to travel back and forth)

No.

4. if I do come back to Canada, is there a certain period of time I am allowed to stay for before I have to go back to the US...?

(i.e. am I only allowed to come back for a day or two, a week, etc..?)

No. As long as you aren't talking about months and months.

Edited October 29, 2009 by trailmix

[simistar 2]

Thanks Trailmix!

1. At my POE (first time crossing the border with my visa) -- do I need to be with my husband (the USC)...? Or can I cross on my own?

You can do it on your own, but he does need to be in the U.S. - that's part of the 'reestablishing domicile' thing - you intend to reestablish domicile no later than the intending immigrant. Now I don't know this for a fact, this is my take on it - however if he is still living in Canada - that might pose a problem.

Okay so just want to clarify this point...

I was hoping to do the fly to LA thing on my own before my husband gets to the US... I would fly there for two or three days, have my meetings, and then come back...and then we would hopefully go to Georgia together in December.

But this is not possible...?

I will have to wait til he's in the States for me to fly to LA...?

(bummer...was hoping to line up some work for when we do go together... )

[trailmix 77]

Well, chances are you might not have a problem at all - I personally wouldn't do it but that's me

From the Adjudicator's Field Manual:

If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant’s admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the intending immigrant’s application for admission or adjustment of status must be denied, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal application for admission at a U.S. port of entry on an immigrant visa or adjustment of status.

[simistar 2]

Well, chances are you might not have a problem at all - I personally wouldn't do it but that's me

From the Adjudicator's Field Manual:

If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant’s admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the intending immigrant’s application for admission or adjustment of status must be denied, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal application for admission at a U.S. port of entry on an immigrant visa or adjustment of status.

Okay, yes, I see what you mean...Uugh.

But just out of curiosity... how do they know if my husband is domiciled in the States or not...? Do they ask for proof like paystubs, etc..?

B/c even if he IS there, my guess is he won't have any of that stuff for at least a month or so...

And I guess that means I have to wait...?

Again, bummer. Was hoping to get set up with some job leads, while my husband stays here at works until the last possible moment (he makes good money at his job and won't necessarily be making the same when we move)..and then we could do the full move together... But I guess that's not allowed:-(

[trailmix 77]

I don't think I have ever seen anyone post on the Canada forum that moved either without their Husband/wife or he/she was already in the U.S. - so honestly I don't know what happens.

As for proof, well we entered the U.S. together, which is proof that I am establishing domicile. Here we use the word 'domicile' loosely - well I do. In order to actually be domiciled you have to physically be there. Stated correctly we should always use 'reestablishing domicile' when talking about the U.S. citizen living in another country - but it's too long to type each time

If you moved and he was already there and they asked where he is and you said 'he's in Ohio' - that would probably suffice.

It would seem to me that they would ask you where he is - if you were travelling alone. If you explained your 'work trip' and said he is back in Canada - it might not even be a problem. I guess it's akin to visiting while waiting isn't it. 100% up to the border person on the day - so just have to prepare to be denied entry I suppose.

Not sure if there are any other repercussions other than sending you back to Canada.

Edited October 29, 2009 by trailmix

[simistar 2]

I don't think I have ever seen anyone post on the Canada forum that moved either without their Husband/wife or he/she was already in the U.S. - so honestly I don't know what happens.

Yikes...well, maybe I'll have to be the guinea pig:-)

I'm seeing about shuffling things around, so we go together in December and then I go to LA...but as I'm sure everyone on here understands, I am anxious to get my US-life started sooner than later... So we'll see.

If I attempt it, I will most definitely report back on the results...I mean, look how well Mikey's Priority Post Envelope vs. Express Post Envelope trial went!:-)

I just have more time than my husband right now to set things up for us in the States... I was hoping to be able to make some trips back and forth on my own...guess I will just have to hope for a REALLY nice/drunk border guard