Moving Stuff

[NBtoPitt 2]

My husband and I have decided to face and plan for the possibility that I may not get my visa before he starts school in the fall. Originally, our plan was to have him visiting me here until we got the visa and then for us to move back down to PA and settle in before his classes start. That seems rather unlikely at this point, however, so we'd like to do something similar but legal. We decided to get our own place late this summer (right now he lives with his Dad)and move our things in. I can stay as a visitor for up to six months which should be more than enough to get my greencard, and I can handle not working until then.

The thing is, we have a few things (no furniture, just things like electronics, books, files, etc.) that we would like to put in our new place. We would probably have to ship it, so how do we do this? Is he allowed to bring them into the country as his own belongings? Technically, they are. Would he have to pay duty? I'm really confused, and don't know where to look. Help!

[Kathryn41 3,205]

Yes, your husband is allowed to bring in his belongings as a 'returning US citizen' duty free. He is not allowed to bring in any of your belongings until after you have the visa, but items jointly owned can be counted as his and brought in. Here is a link to the customs and border patrol website that lists various documents about how returning residents need to proceed: http://search.cbp.gov/query.html If you go to the second link it opens up a Word document that provides a lot of good detailed information.

There are certain restrictions on items such as firearms, automobiles, liquor, certain food stuffs, etc. that you should also be aware of in case he wishes to bring any of those into the US as well. Also, if he has not been living in Canada he may find it difficult to prove that they are 'his' belongings that he is bringing 'back' into Canada - especially the electronics. He should plan on having the receipts for those to show when and where he purchased them to show that they are 'his' and not 'yours'. Anything less than a year old, even as personal property, however, can be subject to duty.

Edited March 21, 2010 by Kathryn41

[birdnerd 5]

My husband and I have decided to face and plan for the possibility that I may not get my visa before he starts school in the fall. Originally, our plan was to have him visiting me here until we got the visa and then for us to move back down to PA and settle in before his classes start. That seems rather unlikely at this point, however, so we'd like to do something similar but legal. We decided to get our own place late this summer (right now he lives with his Dad)and move our things in. I can stay as a visitor for up to six months which should be more than enough to get my greencard, and I can handle not working until then.

The thing is, we have a few things (no furniture, just things like electronics, books, files, etc.) that we would like to put in our new place. We would probably have to ship it, so how do we do this? Is he allowed to bring them into the country as his own belongings? Technically, they are. Would he have to pay duty? I'm really confused, and don't know where to look. Help!

Hey Pixel, you might want to check out this thread in regards to 'visiting' for 6 months while visa paperwork is in progress.

Edited March 21, 2010 by birdnerd

[trailmix 77]

birdnerd brings up a good point.

I'm sure you have done your reading around VJ and realize that you may or may not be able to visit the U.S. for the standard 180 days. In reading all of that you would also know that you should bring strong proof of ties to Canada with you when you visit.

Also, if they did allow you to visit for an extended period and you then go to Canada for your interview, just be prepared to wait if they require more documents from you (this can take a couple of months) and/or to have them mail the visa/your passport back to you (generally takes around a week).

[NBtoPitt 2]

I'm aware that there's always the chance they'll deny me entry, but I'll bring my papers and hope for the best. Whether I can go or not, we'd really like to get our stuff down there. It's not much, but a lot of the items will be needed. Electronics like video games and BD player, dishes, pots, pans, small appliances, books, photos... things that would be nice to have. Also, we wouldn't be bringing any of this in the car when I come down for my visit, we would either ship it or have my husband take it himself.

Thanks for the advice!

[Wyatt's Torch 45]

I hope it works for you...but be VERY prepared for denial of entry. I think there's a better than 50/50 chance that you'll be denied. So as long as you have that mindset...good luck! If it works, well, it's a huge boon for you.

[NBtoPitt 2]

Worse than 50/50? I was thinking it would be more like 80/20, at the worst. Sigh.

[Wyatt's Torch 45]

Worse than 50/50? I was thinking it would be more like 80/20, at the worst. Sigh.

Well, you don't have to take MY word for it. It's just an educated guess / opinion. There have been posts here in the past about people trying to do the same thing and getting denied.

Ultimately you have to think like a border guard -- if he/she sees someone crossing the border with a car full of home stuff and very few indications that that person will be returning any time soon (and it's pretty rare that any "ties to Canada" will be considered ties to Canada if those "ties" allow you to be out of the country for several months...), it IS going to look like that person is trying to enter the U.S. as a de facto resident. Remember that border guards are trained to view ALL entrants into the country as potential illegal immigrants. You're going to have to have some VERY compelling evidence that you're not going there to put down roots. The "six month" guideline is typically for people who are visiting (as in TOURIST visiting)...NOT for people who are intending immigrants.

It's your call -- truly! -- but just be mentally prepared for rejection, knowing that you'll have to turn around and unpack your car if you are.

For the record, I once went down to visit my wife for nine days and was given a hassle at the border -- in the NEXUS lane, no less -- and was asked for my return itinerary. I got the distinct impression that if I'd planned on staying for more than two or three weeks, I would have been denied. Oh, and all I had was a medium-sized duffel bag and a laptop bag.