Canadian and American having troubles...need help!

[cndwife 0]

My husband is from Niagara Falls, NY, I am from Niagara Falls, ON. We have been living in Ontario since our marriage six years ago. My husband has never had more than a visitor's pass the whole time. We both had Nexus and it was never much of a problem crossing back and forth. He works in the states and crosses almost everyday. This past October all that changed and they have forced us to make a decision...either he becomes a landed immigrant in Canada or I get a US visa. We have chosen the latter. We recently sold our house and believe it or not we can stand on our deck and actually see the street we are moving to in the US..it's that close. We have sent the I-130 forms to Chicago and we recieved an I-797 NOA November 23, 2009. Our problem is our house is set to close on March 25th and I don't want to end up sleeping in a motel until this thing runs its course. Is there any thing like our Canadian visitor's pass...which by the way....you can get just by going in to the immigration at the border. I need to be able to cross back and forth several times per week. Does anyone have suggestions??

Thanks,

cndwife

[Kathryn41 3,205]

Unfortunately, you are not allowed to 'live' in the US until you have the proper visa. You can visit, but if you need to cross the border several times a week, returning each night to the US you are definitely going to be stopped and asked to prove that you are not living in the US. Your best option might be to find a month to month apartment or another address in Canada with a friend for a while. The immigration process requires a Canadian address as they will be sending you documents there as you progress through the process. I know it sucks when everything is so 'near' and yet so 'far'. Good luck to you. You've already been extraordinarily lucky in successfully living this way for the past 6 years.

[redstarwarrior 0]

Although I know this won't help you at all now, I would have suggested waiting to sell the house until later in the visa process.

PS - I'm very jealous of how close you live to your beloved. I'm 13 hours away.

GOOD LUCK!

Edited February 2, 2010 by redstarwarrior

[canadian_wife 1,822]

Hi and welcome to VJ - love your screen name by the way.

Yes, I agree with Kathryn, you've been very lucky for 6 years. I'm nervous about your attempt at a visitors pass since the border has already given you troubles - plus with the I-130 filed they may question your intent at the border and assume you are 'living' in the US instead of visiting. I hope your NOA-2 comes quickly. A month-month lease is a good idea as well.

Good luck

[Krikit 1,164]

Wow. I didn't put my house on the market until I had the visa in hand. You're very adventurous!

Sorry you're going to be in limbo for a bit. Welcome to VJ.

[cndwife 0]

We have been very lucky to have gone this long without problems. We knew it was only a matter of time before we had to make a choice. I kind of expected the answers you guys gave me. Unfortunately it is what it is...my husband gets pulled over by immigration almost daily when he crosses the border (even though he has a visitor's pass). They don't trust him..because he wasn't completely honest about his living arangements in the past. So, we really had to do this quickly and fortunately we sold the house quickly (or unfortunately if I'm not going to be able to move with him). I have decided that the government office I most dislike is Customs and Immigration...I'm sure many of you feel the same.

I have one more question..or problem. When we sent the I-130 I sent Canadian sized passport photos...I didn't actually realize there was a difference until yesterday...so now I'm concerned that they will reject our petition. Should I send them new photos, before they ask for them?

Thanks for the help!

[antda 13]

(don't mind me, I stop in on VJ from time to time, even thoughm my journey is over....)

Hi Cndwife,

Welcome to VJ, Cndwife!

Wow...Yet another case of "so close, yet so far..."....10 mins away...amazing...and just separated by an annoying thing called a "border" and "immigration"...lol....

Ok...You win for the couple that is closest to each other! .... Heck, you probably can see each other out your windows...lol.....

I totally understand you there, as likewise, I moved from Toronto ON to (small town) near Buffalo, NY......

Only 2-3 hours away from each other...uggh....

Same tv stations, radio stations, places to go, etc. We practically grew up with the same things!...lol.....

"So close, yet so far..."......And immigration gets in the way...lol.....

And then we ended up getting married in the NYS Niagara Falls area (yes, we love Niagara Falls..lol..) and I moved to the USA instead.......

Lol......See my VJ timeline for the entire story.....

So yeah, like you, we did the on and off thing...back and forth for many years...So close yet so far.....

We're lucky that we get to live so close...but yeah, living with each other back and forth part time (literally, 2 weeks on, 2 weeks off...Canada/USA..lol....and yes...my husband got pulled over a few times in Canada too..lol...)

is not the same as actually living with each other full-time and married too....

Anyways...Glad that you are doing the the CR-1/IR-1 route....

It's easier too, that you both have NEXUS to cross the border, so yes, that makes visits easier....

Good luck too, with selling your house and hope you don't end up too long in the motel situation while waiting for your house to sell....

You can though stay in the USA up to 6 months as a Canadian visitor...But......That is up to the discretion of the Immigration Officer....

And since you are going to through the immigraiton process...They might say no to that...And offer you shorter visits instead of 6 months in a row....

One option would be to ask for an I-94 stamp and B-2 Visitor Card in your Canadian passport (if you don't have a Canadian passport..I suggest you get one...there's an office in St. Catherine's that can do that for you...) during your visit...

(lol..that's what they gave me when I crossed the border.....guess they were paranoid..lol....)

That way it "guarantees" that you are going back to Canada within a certain time, and are not doing anything to break immigration laws.

Bring your CR/IR paperwork and "ties to Canada" paperwork to cross the border too.

So you can ask for an extended visit...and get them to stamp that timeframe in your passport..then go back when your visitor visa is up...

And likewise, your husband can ask for the same thing too, when he visits Canada......(not sure how Canadian officials do it though...but they can give stamps)

Lol..And whatever you do..Do not cross the Rainbow Bridge for a Point of Entry!

Feel free to Private Message me too, if you need more info for the ON to Western NYS transition!.......

Or PM me about anything else....ON to NYS related...lol..should be an interesting discussion.....

"WKBW....It's 11 o clock do you know where your children are?" sound familiar to you?...lol.....

Wow....Nice to meet another Canadian/American "So close yet so far"...ON to NYS couple!....(and nearby each other too...wow....).......

Hope this helps. Good luck with the rest of your "short distance" immigration journey too.

Ant

My husband is from Niagara Falls, NY, I am from Niagara Falls, ON. We have been living in Ontario since our marriage six years ago. My husband has never had more than a visitor's pass the whole time. We both had Nexus and it was never much of a problem crossing back and forth. He works in the states and crosses almost everyday. This past October all that changed and they have forced us to make a decision...either he becomes a landed immigrant in Canada or I get a US visa. We have chosen the latter. We recently sold our house and believe it or not we can stand on our deck and actually see the street we are moving to in the US..it's that close. We have sent the I-130 forms to Chicago and we recieved an I-797 NOA November 23, 2009. Our problem is our house is set to close on March 25th and I don't want to end up sleeping in a motel until this thing runs its course. Is there any thing like our Canadian visitor's pass...which by the way....you can get just by going in to the immigration at the border. I need to be able to cross back and forth several times per week. Does anyone have suggestions??

Thanks,

cndwife

Edited February 2, 2010 by Ant+D+BabyA

[Krikit 1,164]

I have one more question..or problem. When we sent the I-130 I sent Canadian sized passport photos...I didn't actually realize there was a difference until yesterday...so now I'm concerned that they will reject our petition. Should I send them new photos, before they ask for them?

Thanks for the help!

Wait for them to send you a Request for Evidence (RFE). They won't be able to connect your file with random mailings.

(don't mind me, I stop in on VJ from time to time, even thoughm my journey is over....)

Didn't I read a thread you started saying goodbye forever?

[antda 13]

I have decided that the government office I most dislike is Customs and Immigration...I'm sure many of you feel the same.

I have one more question..or problem. When we sent the I-130 I sent Canadian sized passport photos...I didn't actually realize there was a difference until yesterday...so now I'm concerned that they will reject our petition. Should I send them new photos, before they ask for them?

Thanks for the help!

Lol..I agree...I don't like the USCIS.....Trust me...this is just the beginning of more troubles that you have to deal with later on down the road...lol...

I do though like the NYS DMV...and when you deal with them later on...you'll find out why too....lol.....

Yes, Canadian passport sized photos are different....But..the Canadian photos are bigger than the Amerian ones....

So technically they can trim/cut the photos to size specifications if need be......

No need to send new ones now, unless you are specifically asked for such (through an RFE).

Otherwise, they can't "match" your old file/photos with your new photos...(lol..the USCIS tends to lose things...)..

But just in case, you can take new American-sized photos, and bring them to the interview...just in case they reject the Canadian ones..

If not, just save the American ones for later on down the road, if you need it for anything else....

Hope this helps too. Good luck..

Ant

[antda 13]

Didn't I read a thread you started saying goodbye forever?

Yes...

But you are all making it so hard for me to leave.... So I can't leave yet.....blah....

I'm a VJ addict!...

Sigh..So I drop in from time to time... as a non-regular poster........

"It's a surprise...I randomly drop in....."....

Lol..This post got to me...as "so close yet so far".......

Thought I would help another "so close"...ON to NYSer out..lol....Found that I could relate there, I suppose...lol...(don't mind me...)

Ant

Edited February 2, 2010 by Ant+D+BabyA

[trailmix 77]

[cndwife 0]

Thanks for all the advice and info. I never dreamed this would be so difficult. My husband talked with a lawyer today and she said that when we sell the house and move, she can get some form filed once I'm over there and in two weeks (up to 3 months)I would be free to cross the border back and forth without problem. Problem is I NEED to cross the border at least 4 times per week!! I wish I knew what form she is talking about...

Anyway...talked to my daughter today and she says fine to me moving in for a time if necessary. She lives a little further away than I want though. We may just end up renting a room for me for awhile. I have resigned myself to the fact that this will take time. We have been very fortunate to have lived together for the past six years...how can I complain?

[trailmix 77]

I'm going to take a stab at this and suggest the lawyer was suggesting the you simply move to the U.S., file for an Adjustment of Status and at the same time you apply for Advance Parole. AP let's you cross the border while waiting for the Adjustment of Status to go through.

I'm just going to copy and paste what I wrote earlier today about this - btw if it sounds harsh it is not meant to sound that way, I am in no way implying this is what you were/are thinking of doing.

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.

[Hugglebuggles 60]

I have one more question..or problem. When we sent the I-130 I sent Canadian sized passport photos...I didn't actually realize there was a difference until yesterday...so now I'm concerned that they will reject our petition. Should I send them new photos, before they ask for them?

Thanks for the help!

When we sent our I-129F (for a K-1 visa) we sent in Canadian sized passport photos as well, not realizing the difference. Our petition was eventually approved without an RFE. So they didn't mind that the size was wrong in our case. You might be lucky as well! You're definitely not the first person to do this.

[antda 13]

I'm going to take a stab at this and suggest the lawyer was suggesting the you simply move to the U.S., file for an Adjustment of Status and at the same time you apply for Advance Parole. AP let's you cross the border while waiting for the Adjustment of Status to go through.

I'm just going to copy and paste what I wrote earlier today about this - btw if it sounds harsh it is not meant to sound that way, I am in no way implying this is what you were/are thinking of doing.

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.

I agree...the OP cannot do the Visitor to AOS route...Since they have intention here...

And the obvious fact is that they are married already....So they can't do the visit get married and AOS route....lol....

You are going through the CR/IR route, correct?

Then you do not need an advance parole/AP for that...!

As once you are done with your CR/IR visa..you can cross over and live in the USA as a permanent resident....and then get your green card...and with the green card cross over as many times as you want and maintain residency in the USA too.....

However..in the meantime while the visa is processing .the OP can still have an I-94 in their passport....

Which states how long they can stay in the USA for....

And can still be treated as a "visitor"....

They cannot adjust status while visiting though...DO NOT attempt this with intention! (as this can result in a lifetime ban)

A visitior with an I-94 has to visit and go back, within the time period as specfied on their I-94 card....

So the OP can try that route...ask for an I-94...(costs $6 USD at any border)

Which "guarantees" to border officials that they will be back to Canada (and are not immigrating while their CR/IR visa is processing..)

Bring paperwork relating to the CR/IR, "ties to Canada" paperwork, and your passport and nexus card...

And you should be ok there......

Makes it official..and does prove that you are going through the immigration process....and are going to go back to Canada to complete such too.

Hope this helps too. Good luck on your journey.

Ant

Edited February 2, 2010 by Ant+D+BabyA