NEWBIE

[leah81 0]

Hello everyone!

As you can see from the title of this topic I am a new member and I am wondering if there is anyone on here that can shed some light, give advice or tell me about their journey.

A little bit about me.

I am Canadian. I met my American husband about 5 years ago in South Korea where we were both teaching English. We got married (legally) in January 2009 in Korea. At the time of our marriage we planned on moving to Canada when our contracts in Korea were finished (August 09). We got legally married in Korea because we were hoping to get the paper work done there so that he could move home to Canada with me in August.(We had a wedding with friends and family in September 2009). After a lot of research we discovered that we wouldn't be approved if we were applying for him to get permanent residence in Canada while we were in Korea so we decided to do it in Canada once we arrived. When we arrived in Canada, he was let in as a visitor. We were told there was no point in applying for the permanent residence until I had a job. However, after about a month at home(where there was no work to be found) we decided we would be happier living in his home state, North Carolina. We then headed down to North Carolina and have pretty much been here since September minus trips home to Canada for Thanksgiving and Christmas ( I have been here for about 2 months since my last trip home). We have not started any paper work yet as he still isn't working(TERRIBLE job market right now). He is now on the brink of getting a job which means we will be starting our paper work soon. I am in the USA legally but only as a visitor. When we crossed the border back into the USA after Christmas I was pulled into immigration where we explained that we would be starting the visa process soon but I know that I will of course have to leave here at some point and go home.

So I am just wondering if there is anyone out there who has been in a similar situation, or if there is anyone out there that has any information or advice that may be helpful to us. Also wondering if I am allowed to stay in the USA while our paperwork is being processed. Any help would be greatly appreciated. Thanks in advance.

Leah

[sdw 10]

There is no way for you to stay the whole time your paperwork is being processed. Read the guides links are located at the top of the page.

[trailmix 77]

Hi Leah and welcome,

You can stay in the U.S. for 180 days each visit - so since you have been there now for around 60 days, you can stay another 120 or so before you have to leave. So yes you can stay as a visitor within those parameters, no you can't just stay until your visa is finished processing.

Technically, once you leave the U.S. and go back to Canada, you could turn around and go right back. I say technically because your chances of being readmitted are pretty bad. You have no ties to Canada to prove that you are not going to reside in the U.S., you will have just finished a 6 month visit, so you will be spending more time in the U.S. than Canada say, over the past year.

What you are probably going to have to do now is file for your CR1, return to Canada before your 180 days are used (in other words, count those days and don't overstay by even 1 day) and you are more than likely going to have to wait it out in Canada.

[leah81 0]

I know that I will have to go home, but what I am really curious about is, once I go home will I have to stay there until I am (hopefully) approved ?

[leah81 0]

Wow I can't believe how fast you guys have responded. Thank you so much for advice. I should note that I don't plan on staying anywhere close the the 180 days I am allowed as a visitor. I was actually planning on going home sometime in the past month. I just don't want to get stuck there and not be able to see my husband for god knows how long.

[Flames9_RN 358]

No one can say if you will be stuck in Canada. It is up to the Port of Entry (POE) officer. They are the ones that make that decision! Ensure you have ties to Canada with you, they may or may not ask to see them. If a POE officer thinks ur "living" in the USA, very good chance he may deny you entry. So the more u visit, and how long u visit,may set off warning bells to the POE officer. I traveled monthly to DC, never had a problem, but my visits were only 3-5 days in duration for the most part, plus i had a Cdn military leave pass.

[sdw 10]

I have been travelling most weekends to NY to visit my husband without any major problems. It's up to the POE officer like someone else said, I have always had ties to Canada yet haven't been as to show them. I also find that knowing the proper steps to gain LPR correctly helps.

[antda 13]

Hi Leah81,

Welcome to VJ! Hope that you enjoy your stay here, and that you find this online community to be friendly and helpful too...

In answer to your question:

I found this information online (I was searching for something else), but came across this instead, so I thought I would post this here too.....

Documents required by Canadian Citizens/Residents/Landed Immigrant to enter the U.S. and how long can they stay?

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 reenter 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.

Source: https://help.cbp.gov/cgi-bin/customs.cfg/ph...ated=1056630853

Hope it helps you too. Good luck with your travels and journeys as well.

Ant

Hello everyone!

As you can see from the title of this topic I am a new member and I am wondering if there is anyone on here that can shed some light, give advice or tell me about their journey.

A little bit about me.

I am Canadian. I met my American husband about 5 years ago in South Korea where we were both teaching English. We got married (legally) in January 2009 in Korea. At the time of our marriage we planned on moving to Canada when our contracts in Korea were finished (August 09). We got legally married in Korea because we were hoping to get the paper work done there so that he could move home to Canada with me in August.(We had a wedding with friends and family in September 2009). After a lot of research we discovered that we wouldn't be approved if we were applying for him to get permanent residence in Canada while we were in Korea so we decided to do it in Canada once we arrived. When we arrived in Canada, he was let in as a visitor. We were told there was no point in applying for the permanent residence until I had a job. However, after about a month at home(where there was no work to be found) we decided we would be happier living in his home state, North Carolina. We then headed down to North Carolina and have pretty much been here since September minus trips home to Canada for Thanksgiving and Christmas ( I have been here for about 2 months since my last trip home). We have not started any paper work yet as he still isn't working(TERRIBLE job market right now). He is now on the brink of getting a job which means we will be starting our paper work soon. I am in the USA legally but only as a visitor. When we crossed the border back into the USA after Christmas I was pulled into immigration where we explained that we would be starting the visa process soon but I know that I will of course have to leave here at some point and go home.

So I am just wondering if there is anyone out there who has been in a similar situation, or if there is anyone out there that has any information or advice that may be helpful to us. Also wondering if I am allowed to stay in the USA while our paperwork is being processed. Any help would be greatly appreciated. Thanks in advance.

Leah

Edited March 2, 2010 by Ant+D+BabyA

[Carlawarla 1]

Looks like you've been given a lot of good information already. Just wanted to welcome you to the Canada Forum here on VJ!

[leah81 0]

Thanks again for all the great advice everyone. I am so happy to have found this site and to see that other people are in the same situation as me. I'm sure I will have many more questions as I start my visa journey.

[leonsgal70 3]

When we crossed the border back into the USA after Christmas I was pulled into immigration where we explained that we would be starting the visa process soon but I know that I will of course have to leave here at some point and go home.

So I am just wondering if there is anyone out there who has been in a similar situation, or if there is anyone out there that has any information or advice that may be helpful to us. Also wondering if I am allowed to stay in the USA while our paperwork is being processed. Any help would be greatly appreciated. Thanks in advance.

Leah

Hi Leah,

1) When you were pulled into immigration, did they date stamp your passport or issue a date to depart?

2) While you were being questioned, was the IO typing your responses into the computer?

If either of these occurred, then make sure you follow the guidelines, as you don't want to be blackballed.

Best of advice I can give you on your comings and goings: if you fly...have a RT ticket in place, so if you are pulled into questioning again, you will be able to produce your intent to leave.

If you drive, travel the high tourist borders.

It's all at the discretion of the IO, as I am sure you are aware. Once you begin the paperwork process, keep a set of files in your (USA) home and in the vehicle you are driving to show intent to comply; should anything arise!

If you should perform a day trip to Canada to re-establish your stay in the US, make sure you use your credit cards and/or keep receipts, in case you must prove your last physical 'appearance' in Canada.

The key is getting the process rolling, so you won't have to live with this fear and worse, in solitary!!!!

Best Wishes and a Speedy Process!

Edited March 9, 2010 by leonsgal70