Canadian Resident Married to US Resident

[TattoersWife 0]

Hello all! I'm a Canadian who just got married last week to her American man. Also just sold my condo here in Toronto (closing date is March 31st) and only now realizing how difficult it might be for me to move to the States. Will I have to live on the street before I can move to the States to be with my husband?

Websites are contradictory, there's no possibility of getting a live person... Forms have different names. I really need help! Any and all insights and suggestions are welcome and very appreciated.

Thank you!

TattooersWife

[ZansGirl 0]

in reality...doing everything LEGALLY (which in my opinion is the only way) you are looking at 7 months to a year before you can live in the states...

Head to the Canadian Forum and you will find so many more answers!!!

[Anh map 2,098]

Is your husband a US citizen or resident? If he's a resident it'll take a few years.

[TattoersWife 0]

My husband is an American citizen - born and bred. I'm thinkin' this will have to happen illegally. Otherwise I will be homeless after March 31st.

How can I get my personal effects and two cats in the US? Can I apply for AOS if I'm in the States? How long will it take? Will I be able to leave the States?

OMG... This is worse than I thought!

TattooersWife

[Anh map 2,098]

Bringing pets along for a "visit" raises lots of questions at the border. And if you've got most of your belongings with you, another big red flag flying. That could lead to your being denied entry.

You and your spouse have some time to work on your plans.

Best of luck.

[CDAgirlMI 51]

I don't think you want to do this illegally(at least if you do, don't tell anyone on here!).

Can't you rent a place to live until you can move legally?

[Leafgal 3]

I don't think you want to do this illegally(at least if you do, don't tell anyone on here!).

Can't you rent a place to live until you can move legally?

I agree...

Can't you put your stuff in storage and either stay with friends or rent a room?

[cndwife 0]

Interesting...I'm in almost exactly the same predicament as you. I would never advise anyone to break the law...however I am seriously considering it! I will likely end up staying with my daughter if necessary...all my stuff will be crossing the border with him so I don't have to be concerned about that. I will probably just visit until this is done!!

[zenaxe 22]

Interesting...I'm in almost exactly the same predicament as you. I would never advise anyone to break the law...however I am seriously considering it! I will likely end up staying with my daughter if necessary...all my stuff will be crossing the border with him so I don't have to be concerned about that. I will probably just visit until this is done!!

You'll not find one single legitimate person on this site that will support anyone doing anything illegal with respect to the immigration process, or any other for that matter.

Obviously you had not done any homework when it comes to this process and it sounds like yu are in possible complicated positions; however this shouldn't get you thinking that you should circumvent the legal process and cross the border.

If you do this illegally be prepared to face whatever severe consequences you will meet ie several years or permanent ban from returning to the USA.

You may want to consulate with an immigration lawyer.

Good luck.

Edited February 2, 2010 by zenaxe

[ZansGirl 0]

yea...you will not find anyone here encouraging any type of circumventing of immigration laws....

Seriously....read up, suck it up and hunker down for the wait.....

[trailmix 77]

Interesting...I'm in almost exactly the same predicament as you. I would never advise anyone to break the law...however I am seriously considering it! I will likely end up staying with my daughter if necessary...all my stuff will be crossing the border with him so I don't have to be concerned about that. I will probably just visit until this is done!!

Hi,

Just a mention that it might be a problem for him to take all your stuff across the border. Since he is a resident of the U.S., how is he going to account for all this stuff? Now I don't know if you mean he has 2 or 3 boxes of books and CDs - then not a problem, however unless he wants to pay duty on your stuff, it might be a problem for him at the border.

Edited February 2, 2010 by trailmix

[cndwife 0]

Hi,

Just a mention that it might be a problem for him to take all your stuff across the border. Since he is a resident of the U.S., how is he going to account for all this stuff? Now I don't know if you mean he has 2 or 3 boxes of books and CDs - then not a problem, however unless he wants to pay duty on your stuff, it might be a problem for him at the border.

Actually it's his stuff too. When he moved to Canada six years ago there was no problem whatsoever. He had a lot of stuff then. So basically he's just moving back. The unfortunate thing here...is nobody will help you at the border, they won't answer questions...they are mostly a bunch of arrogant jerks who act like they have something to prove. Trust me I know...we've been doing this for six years. You're basically at the mercy of whoever is in front of you that day. And if they're having a bad day...then so are you.

As far as doing my homework...we didn't. So surprise for me!! I had no idea that going to the states would be so much more difficult than coming here. I thought we would be able to do a similar temporary thing like here.

Seriously...about doing this illegally...I would never ruin my chances by doing that...and would not suggest (seriously) for anyone else too either.

Friends of ours had an experience that cost her to be banned from the states...she had a temporary visa..for travelers I think. She told them she was living with her boyfriend (duh!)...the officer at the border ripped up her visa in her face and told her not to come back!!

[TattoersWife 0]

Thank you all for your comments and suggestions.

I've been told my relatives of mine who now live in California that I can apply for a Green Card in the States. Now, they did this decades ago, so I don't know if that's possible now. Anyone know? At least then I can be with my husband in the US and do all the paperwork from there.

Cheers,

TattooersWife

[trailmix 77]

If you have a look at the Guides (tab at the top of this page) you will see a section for "US Citizen and Spouse both live/reside in the U.S. - I-130 Petition and Adjustment of Status Guide - that is probably what they are referring to.

This thread hasn't really covered the topic, but basically what everyone is saying here, in a nutshell is - no, you cannot do that.

Here is the thing - the most important thing - you cannot enter the United States with intention to immigrate or reside there unless you have the proper visa. That's it, that really says it all.

Now, some people or some lawyers might tell you that you can just go to the States, present yourself at the border as a 'visitor' and then adjust status. While it is true that you COULD do this - you will have to lie to the border personnel to get across the border.

No one on VJ is going to tell you to do this - so it is no use exploring this option here - it is against VJ terms of service to advise actions that would be breaking the law - and that is what it is, breaking the law.

This is from the AMCITS page, it discusses entry to the U.S. while a petition is pending, however the same applies whether you have a petition pending or not.

Entry to the U.S. while Petition is Pending

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.

Edited February 2, 2010 by trailmix

[Jay & Beverly 0]

Thank you all for your comments and suggestions.

I've been told my relatives of mine who now live in California that I can apply for a Green Card in the States. Now, they did this decades ago, so I don't know if that's possible now. Anyone know? At least then I can be with my husband in the US and do all the paperwork from there.

Cheers,

TattooersWife

***DO NOT TAKE THE ADVICE OF RELATIVES WHO DID SOMETHING DECADES AGO*** Laws change with in a year... so logically laws have changed in the last few decades, especially immigration laws. Should you choose to enter the US without a visa, you will be considered and illegal alien and *NOT* eligible for a Green Card. The pathway to a Green Card is 2 years long after LEGALLY entering the United States. I can't stress that enough. My fiance is a Canadian citizen and we are going through the process to get her a K-1 fiance visa so that she can legally enter the US to marry. You need to read up on the process for a K-3 Spouse visa to enter the US legally. This will take you a minimum of 7 months. Once you receive the K-3 visa you can start the 2 year process towards a Green Card. Without the K-3 visa, it is a no go.

My suggestion is to use the forums here on this site and accept the guidance of the people who very recently or are currently going through the process. Their insight and information is going to be lightyears more up to date than any your family could offer.

Additionally, you can find information from the US Department of State Website. (http://travel.state.gov/visa/immigrants/types/types_2993.html#12)

That being said... you CAN and you WILL everything for your Green Card from within the US... but NOT before your have received your K-3 Visa.

OOOPS!!! I spoke out of turn... Apparently the CR-1 Spousal Visa is much more widely used than the K-3 Visa.