Moving my belongings from Canada to the US

[fuzzypinkboots 0]

I am a Cdn citizen living in a border town (5 minutes from US border) my fiance is a US citizen living in a border town (15 min. from Cdn border). We are newly engaged (2 days now ) and hoping to marry asap. and live in the US. We will begin the paperwork for the fiance visa next week but have so many questions.

1) I understand that I am able to come and go in both countries while the K-1 is still pending but am I able to move personal belongings to the US before approval?

2) What is the typical waiting time between filing and approval? (in general--I know its impossible to say for sure)

3) I plan to continue working in Canada...is a letter from my employer enough proof of intent to return or do I NEED to show a lease agreement as well?

Right now he spends weekdays with me (commuting to work each morning) and I spend weekends at his place. I suppose we can continue like this if necessary but it seems silly to pay 2 rent/mortgages.

Maybe I'm way off in my understanding of this process. I am considering hiring an immigration attorney but hoping that I can find the answers I need online rather than paying the extra lawyer's fees. Any help is greatly appreciated.

[baron555 934]

I am a Cdn citizen living in a border town (5 minutes from US border) my fiance is a US citizen living in a border town (15 min. from Cdn border). We are newly engaged (2 days now ) and hoping to marry asap. and live in the US. We will begin the paperwork for the fiance visa next week but have so many questions.

1) I understand that I am able to come and go in both countries while the K-1 is still pending but am I able to move personal belongings to the US before approval?

Mailing/shipping goods has nothing to do with immigration, that's international commerce related. There may be custom import charges to pay.

2) What is the typical waiting time between filing and approval? (in general--I know its impossible to say for sure)

Read the Processing Times info located at the button at the top of this page.

3) I plan to continue working in Canada...is a letter from my employer enough proof of intent to return or do I NEED to show a lease agreement as well?

Depends on the CBP officer you will see at the border each time. May be enough, may not be. One time OK and the next not OK. All between you and the CBP.

Right now he spends weekdays with me (commuting to work each morning) and I spend weekends at his place. I suppose we can continue like this if necessary but it seems silly to pay 2 rent/mortgages.

You can not move permanently until you have a valid visa onto which to do that with.

Maybe I'm way off in my understanding of this process. I am considering hiring an immigration attorney

They will have the same answers as above. I'll charge you only half of what they charge though.

but hoping that I can find the answers I need online rather than paying the extra lawyer's fees. Any help is greatly appreciated.

[nickbits 43]

1. Bringing personal items/clothes is OK but don't bring household goods/furniture.

2. I filed in Dec/09 and fiancee had visa in hand in August/10. I think 6-10 months is typical.

3. The more the better but my fiancee had zero docs to show ties to Canada but they let her through each time. Note that once you cross using your visa you cannot go back to Canada for 2-3 months.

PS Don't waste your money on an attorney. Of the 2 people I know personally who had one, both regret hiring one. One added no value to their process and the other actually gave them major wrong info.

Edited November 18, 2010 by nickbits

[fuzzypinkboots 0]

1. Bringing personal items/clothes is OK but don't bring household goods/furniture.

2. I filed in Dec/09 and fiancee had visa in hand in August/10. I think 6-10 months is typical.

3. The more the better but my fiancee had zero docs to show ties to Canada but they let her through each time. Note that once you cross using your visa you cannot go back to Canada for 2-3 months.

PS Don't waste your money on an attorney. Of the 2 people I know personally who had one, both regret hiring one. One added no value to their process and the other actually gave them major wrong info.

Thank you for your response. It seems silly that this should be so complicated when we live only 20 minutes from each other. I have been considering putting my things in storage and bringing only my clothes over to his place and just staying there while continuing to cross into Canada for work and my dtr for school. That way we are only paying 1 mortgage but I still have strong ties to Cda (ie: job, school...) I would continue using my mom as my Cda mailing address to avoid too much confusion with Cda Post till its permanent. Just not sure if this will jeopardize my visa application. I sincerely want to do this completely legally so nothing gets screwed up in the end.

[raymaga 25]

Thank you for your response. It seems silly that this should be so complicated when we live only 20 minutes from each other. I have been considering putting my things in storage and bringing only my clothes over to his place and just staying there while continuing to cross into Canada for work and my dtr for school. That way we are only paying 1 mortgage but I still have strong ties to Cda (ie: job, school...) I would continue using my mom as my Cda mailing address to avoid too much confusion with Cda Post till its permanent. Just not sure if this will jeopardize my visa application. I sincerely want to do this completely legally so nothing gets screwed up in the end.

That will work most likely, assuming you are never denied entry into the U.S. If that happens, you will need a place to live/stay in Canada until the rest of the process is complete and you have your K-1 visa.

Good luck.

Edited November 18, 2010 by raymaga

[nickbits 43]

Thank you for your response. It seems silly that this should be so complicated when we live only 20 minutes from each other. I have been considering putting my things in storage and bringing only my clothes over to his place and just staying there while continuing to cross into Canada for work and my dtr for school. That way we are only paying 1 mortgage but I still have strong ties to Cda (ie: job, school...) I would continue using my mom as my Cda mailing address to avoid too much confusion with Cda Post till its permanent. Just not sure if this will jeopardize my visa application. I sincerely want to do this completely legally so nothing gets screwed up in the end.

I think you might run into issues if you are crossing everyday but good luck.

[fuzzypinkboots 0]

I think you might run into issues if you are crossing everyday but good luck.

My fiance already crosses everyday as he stays with me during the week. I think the problem might actually come when/if they ask my intent...which is ultimately to STAY but not "officially" until the paperwork is complete. I just don't know if they would see it the same way. I have already begun bringing my lease agreement with me when I cross on weekends (it has been asked of me twice now and suspect it will be on a more regular basis) but my lease is up January 31 at which time I can go month to month but my landlord is actually trying to sell my condo! Sheesh! There is so much involved!

What I would prefer is that someone just take me by the hand and say, "ok, this is what you need to do". In a perfect world, this is what I'd like to happen!! I was actually told my an immigration lawyer online that it wasn't necessary for me to file a fiance visa since we are permitted to visit one another for months at a time. He suggested just filing for AOS once we are married. Something just didn't sound right about this. i just don't know.

[CanAmBride 5]

One thing you have to consider, once you get your K-1 visa and get married, you will have to file for AOS. During this time, you cannot leave the US until you have been granted advanced parole, which usually takes about 3 months. You will not be able to work in Canada at this time.

My husband and I had an extremely similar situation to you. We ended up having to get married and file for a CR-1 Visa so that he could continue working in Canada while his visa was being processed.

[CanAmBride 5]

When my FI and I were dating, I had a house in the US and he would "stay over" every night. It lasted about 3 months until the border guards started pulling him in every single night and grilling him. They admitted he wasn't doing anything illegal because he was going back to Canada every morning and he wasn't working or studying in the US without a Visa, but they felt that he was taking advantage of the system by "living" in the US without a visa. They told us if he didn't file for a Green Card immediately, they would deny him entry and it would be significantly more difficult for him to get a visa at that time.

We (being naive to the process) asked what we had to do to get his Green Card, and the border guard said "you need to get married. The sooner you're married, the sooner he will get it." And with that, I was officially proposed to in the holding room at the Windsor/Detroit Tunnel. Awww, romantic!

Edited November 18, 2010 by CanAmBride

[fuzzypinkboots 0]

One thing you have to consider, once you get your K-1 visa and get married, you will have to file for AOS. During this time, you cannot leave the US until you have been granted advanced parole, which usually takes about 3 months. You will not be able to work in Canada at this time.

My husband and I had an extremely similar situation to you. We ended up having to get married and file for a CR-1 Visa so that he could continue working in Canada while his visa was being processed.

Thank you, yes I am aware of this hitch. I will be approaching my employer for a leave of absence at that time. If they refuse I have no problem leaving that job and finding other work once I am able.

So you married WITHOUT a K-1? did you marry in the US or Canada? Was there any delay in being able to move your belongings and live together in the US? What year did you do this--wondering if laws have changed much since then.

[fuzzypinkboots 0]

When my FI and I were dating, I had a house in the US and he would "stay over" every night. It lasted about 3 months until the border guards started pulling him in every single night and grilling him. They admitted he wasn't doing anything illegal because he was going back to Canada every morning and he wasn't working or studying in the US without a Visa, but they felt that he was taking advantage of the system by "living" in the US without a visa. They told us if he didn't file for a Green Card immediately, they would deny him entry and it would be significantly more difficult for him to get a visa at that time.

We (being naive to the process) asked what we had to do to get his Green Card, and the border guard said "you need to get married. The sooner you're married, the sooner he will get it." And with that, I was officially proposed to in the holding room at the Windsor/Detroit Tunnel. Awww, romantic!

lol...I think that's a beautiful story!! :-) Which country did you marry in? I've heard that can make a difference. We have chosen to marry in the US primarily because my fiance's mother doesn't have a passport and is not likely to get one. Its really a matter of convenience for his elderly mom....otherwise we would probably marry here or Mexico or Cuba. We might still consider this if it eliminates some of the hassel. I assume your boyfriend didn't have much in the way of personal belongings to move across the border? Unfortunately we will be using mostly my things and carting off many of this household items to Good Will!

We are planning/hoping to marry in April but don't know now if this can be possible if we need to wait on certain documents to process first.

[CanAmBride 5]

We married in the US in a very small civil ceremony about 2 weeks after the "Border Proposal" (more along the lines of signing our marriage license and having a nice dinner with immediate family). We filed our I-130 the next day. We had been dating for 8 years and really didn't see any point in waiting.

We planned a larger "religious wedding" for September with all of our family and friends. Our attorney (who we fired in April because he was an idiot and you can get much better information from VJ for free) told us the process would take 4-5 months and we would definitely have the Green Card by September. God laughs while you're making plans, we had a beautiful celebration in September, but no GC. Interview is a week from Tuesday, yay! Then I will FINALLY be able to live with my husband!!!

Another thing to consider, I'm pretty sure Advance Parole can only be used once. It can't be used for repeat back and forths, so even though it takes 3 months before you get it, it will probably be around 8 months after you file your AOS that you can actually travel back and forth daily.

[CanAmBride 5]

P.S. Married February, 2010 - So all the same rules apply. My husband is still "living" in Canada until a week from Tuesday. He has been able to visit a few days a week and on weekends with no problem, but cannot move to the US until our interview is approved.

[fuzzypinkboots 0]

P.S. Married February, 2010 - So all the same rules apply. My husband is still "living" in Canada until a week from Tuesday. He has been able to visit a few days a week and on weekends with no problem, but cannot move to the US until our interview is approved.

So he is still required to hold a place here in Canada while his AOS is being processed? I was told that once we apply I can live in the US with him but will not be permitted to cross back into canada for the 3-4 months. We don't actually NEED my income for the shortterm so my working or not isn't really an issue at this time. Did you husband need to stay in Canada because of work related reasons? or have I been misinformed?

btw, thank you so much for sharing your story with me. It has been most helpful!!!!

[CanAmBride 5]

Short Visa Rundown (as I understand it. Other VJers, please feel free to correct):

K-1 Visa: You get engaged, file for K-1 which takes around 5 months to receive. During this time, you can visit the US but cannot live or work there. Once you receive your K-1, you can move to the US and get married. Once you are married, you file for AOS which takes an additional 5+ months. During that time, you cannot leave the US unless you are granted Advanced Parole, which takes about 3 months from the time you file. Once your AOS is complete, you get your Green Card and can cross as often as you want and work in Canada.

CR-1 Visa: You get married, and file for CR-1 Visa, which takes around 10 months to receive. During this time, you cannot live or work in the US but you can visit. Once your CR-1 is granted, you get your Green Card and move to the us.

We are doing the CR-1 visa which was necessary for us because my husband is keeping his job in Canada and had to be able to be at work everyday during the process.