Canadian Married 9 years to American want to move to America

[Dragooner 0]

I am Canadian. My husband is American. We got married 9 years ago in vermont.. We decided for him to move to canada because it seemed the best thing to do at the time.

My husband was a permanent resident in canada.. Now after nine years we decided we wanted to return to the states. Land is a lot cheaper .. we were able to buy 48 acres and we never could have bought that in quebec.

We have 3 children now ages 3, 6 and 7.. We put our house up for sale in canada and it sold in 2 weeks.. It all happened a lot faster than we had planned.

We bought land In newyork right away because there was land available we didn't want to lose..

Now we have an old house we are fixing up in New york and it will be ready for us to move in probably in April.. I have been researching what I need to do and I believe my husband has to file a I-130 for me.

I was told once he files I have to stay in Canada.. I was surprised to hear this since my husband was crossing freely when we applied for him to come to canada...

I have been traveling back and forth the past couple months, Staying at my parents in canada and at my husbands fathers in ny(he lives right by our new house we bought)

We live along the border , My husband has always been working in the US ..I have had no problem crossing the border.. Is it True that I will not be able to cross anymore..

Is there no other way.. Will we have to be separated? Any tips would be helpful.. Thanks..

[payxibka 10,047]

I am Canadian. My husband is American. We got married 9 years ago in vermont.. We decided for him to move to canada because it seemed the best thing to do at the time.

My husband was a permanent resident in canada.. Now after nine years we decided we wanted to return to the states. Land is a lot cheaper .. we were able to buy 48 acres and we never could have bought that in quebec.

We have 3 children now ages 3, 6 and 7.. We put our house up for sale in canada and it sold in 2 weeks.. It all happened a lot faster than we had planned.

We bought land In newyork right away because there was land available we didn't want to lose..

Now we have an old house we are fixing up in New york and it will be ready for us to move in probably in April.. I have been researching what I need to do and I believe my husband has to file a I-130 for me.

I was told once he files I have to stay in Canada.. I was surprised to hear this since my husband was crossing freely when we applied for him to come to canada...

I have been traveling back and forth the past couple months, Staying at my parents in canada and at my husbands fathers in ny(he lives right by our new house we bought)

We live along the border , My husband has always been working in the US ..I have had no problem crossing the border.. Is it True that I will not be able to cross anymore..

Is there no other way.. Will we have to be separated? Any tips would be helpful.. Thanks..

There is nothing to prevent you from attempting a border crossing... however, border crossings are never guaranteed and you could at some point be denied an entry.... these situations are determined at the border and are subject to the border officer's decision at that time.

Your USC spouse would submit an I-130 which starts the immigration process for you. I assume your children are USC's and there births have been reported and they already possess a US passport?

Edited January 13, 2010 by payxibka

[trailmix 77]

Hi and welcome,

Here is the official word:

Entry to the U.S. while Petition is Pending link

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

[Frenchwife 1]

9 years 1 year 10 days does not matter

supposing your kids are us citizen they don t need visa

your husband has to file I130 for you

the sooner the better

eventually the so called Direct filing of I130 in Canada while he still is in canada is the fastest track

if he leaves Canada then he has to file either at Vermont or California Center.

Maybe he should contact the US embassy in Canada

I recommend you look at Direct filing and Canada info on this site.

Personally just got through activation of my green card.My husband had already left France when he filed ( we had a weird situation )

and he filed at Vermont center. They took their time, we took ours.

it was 18 months ago

I have been able to go through multiple times under Visa waiver program

At first for business purpose, then as visitor

sometimes officer would not ask / not notice

once I had to show my ties to France to demonstrate I was not going to stay

Edited January 13, 2010 by Frenchwife