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Travel to US from Canada - strong ties?

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Hi everyone,

I'm American and my wife is Canadian. We had been living abroad, but I got a job in the US in September. We started applying for my wife's green card when we first got to the US. She has been living here on her 6 month visitor visa, but that is going to expire soon. She is going back to Canada to spend some time visiting family and friends, but we are planning to have her come back to the US after a few weeks, if possible. Our current plan is to have her stay with her family about 5 weeks, then buy a round trip from Toronto back to the US to stay for about 8 weeks. We figure by then she will be close to her interview date.

We originally thought that if she brings all her paperwork from the visa process, she should be okay getting through customs, but I have read many people talk about "strong ties" to Canada. She freelance writes through the web, so she doesn't have a strong tie as far as a job goes. Her only real tie is her family.

Has anyone in a similar situation tried to cross the border? Any advice/tips?

Thanks!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

She may be turned away from the border because she doesn't have a strong tie to a job, or a lease agreement for an apartment.. does she have bank accounts in Canada? I don't think family would be considered a strong tie as she isn't living with them, especially in light of the long stay she's had in the US already.

She can try, but be prepared for her to be turned away, and have to live in Canada until the final approval after the interview.

Holding my nose and jumping off the cliff.. hope I don't hit any rocks in the water.

"All I want out of life is ice cream and cuddles. Is it too much to ask? Is it?" - Sleep Talkin' Man

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

WithoutMusic-theidolhands.pngSquareOneIcon.pngMYV2avaruusvirta.pngCarmenSandiego-theidolhands.pngSuckIt-stellans.jpg

138 days from NOA1 - NOA2

14 days from CIS till NVC case number assigned.

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Depending on the border you go through to the USA you could be asked a million questions, or none at all. Last time I flew through Seattle the guy actually didn't speak ONE word to me. He took my passport, stamped it, took my duty form, gave it back, and waved me on. I have never actually been asked how long I am going for, or what docs I have. However, this varies from border to border. I always have SOME ties in case, such as a lease for apartment, phone lease, letter from parents stating when you are expected back, maybe contracts she has with clients? Whatever you can scrounge up. In most cases, you won't be asked a thing. But you never know, so prep is good.

fyi I usually travel through Blaine, WA by ground, and Seattle by air.

06-15?-2009: Starting talking on dating website
07-06-2009: Met in person in Roseville, CA
09-09-2010: Sent I-129f to TXS Lockbox
09-13-2010: NOA1 received
02-02-2011: NOA2 Notification Sent - Approved!!!
02-04-2011: NVC Received
02-09-2011: NVS sent to Vancouver consulate
02-14-2011: Received by Vancouver Consulate
02-15-2011: Packet 3 sent by Vancouver Consulate
02-18-2011: Packet 3 received
02-18-2011: Packet 3 sent back to consulate
02-19-2011: Interview date received!!! Letter on its way!
03-23-2011: Medical at Woking Clinic, Vancouver BC (AM)
03-23-2011: Interview at Vancouver Consulate (PM)
03-23-2011: APPROVED for K-1 Visa!!!! biggrin.png
04-27-2011: POE
05-03-2011: Sent AOS, AP applications
05-06-2011: NOA1 received for AOS and AP
05-06-2011: Applied for SSN. Application successful
05-09-2011: Received SSN by visiting local card center
05-10-2011: Biometrics appointment notice, June 1, 2011.
05-13-2011: Received SSN Card in Mail
06-01-2011: Biometrics appt. in Sacramento, CA
09-16-2011: EAD approved
09-26-2011: AOS Interview in Sacramento
09-26-2011: Green Card (2 yr conditional) granted

02-03-2013: Separated - Return to Canada

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I didn't know the US was giving out Canadian 6 month visitor Visa's..news to me.

I had to live and work in Canada and wait out this whole visa journey and i'm still doing so. If she says she has a husband in the USA she'll likely get denied entry unless she has amazingly strong ties to Canada..It happened to me and many others I have come across. The USCIS stage took us 5 months and we are still waiting for our interview in Montreal which will be next week. All in all it will be close to 1 year before I can actually pick up and move over there providing I'm still granted a Visa next week...good luck!!

Feb 14, 2010 - Engaged :-)
Apr 17, 2010 - Married
May 24, 2010 - I-130 Sent to USCIS
Oct 20, 2010 - : I-130 NOA2 APPROVED..GOD IS GOOD!!!!! smile.png
Oct 26, 2010 : NVC Received
Dec 06, 2010 - Case Complete at NVC
Jan 24, 2011 - Medical exam
Feb 24, 2011 - Passed, welcome to USA
Mar 04, 2011 - POE - Detroit, MI
Mar 14, 2011 - SSN# Rec'd
Mar 24, 2011 - smile.png GC and Welcome Letter
Sept 19, 2011- Filed I-130 for my son (his step son)
June 14, 2013-APPROVED, 10 YR GC IN THE MAIL

Mar 3, 2014- N-400

May 12, 2014 Interview for Citizenship- PASSED!

June 12th, USA citizen - Oath Ceremony...all done here!!

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I didn't know the US was giving out Canadian 6 month visitor Visa's..news to me.

I had to live and work in Canada and wait out this whole visa journey and i'm still doing so. If she says she has a husband in the USA she'll likely get denied entry unless she has amazingly strong ties to Canada..It happened to me and many others I have come across. The USCIS stage took us 5 months and we are still waiting for our interview in Montreal which will be next week. All in all it will be close to 1 year before I can actually pick up and move over there providing I'm still granted a Visa next week...good luck!!

It's not really a visa... I am assuming he is referring to her being allowed to stay for 6 months out of the year. There is no Canada to US travel visa, but there are regulations on duration of stay. Technical she was not 'living' in the USA. She also could not have been working there, unless illegally. But as we all know, travel is open from Can to the USA. Those who can afford to go and not work have it easy, but ties are necessary, whatever those ties might be. The fact that she has visited before and come back successfully within the time-frame will help her situation. Key to succeeding at border is only answering questions you are asked. I refer to my fiance as 'family' to avoid drama. If they ask specifics I will tell them, but they never have.

06-15?-2009: Starting talking on dating website
07-06-2009: Met in person in Roseville, CA
09-09-2010: Sent I-129f to TXS Lockbox
09-13-2010: NOA1 received
02-02-2011: NOA2 Notification Sent - Approved!!!
02-04-2011: NVC Received
02-09-2011: NVS sent to Vancouver consulate
02-14-2011: Received by Vancouver Consulate
02-15-2011: Packet 3 sent by Vancouver Consulate
02-18-2011: Packet 3 received
02-18-2011: Packet 3 sent back to consulate
02-19-2011: Interview date received!!! Letter on its way!
03-23-2011: Medical at Woking Clinic, Vancouver BC (AM)
03-23-2011: Interview at Vancouver Consulate (PM)
03-23-2011: APPROVED for K-1 Visa!!!! biggrin.png
04-27-2011: POE
05-03-2011: Sent AOS, AP applications
05-06-2011: NOA1 received for AOS and AP
05-06-2011: Applied for SSN. Application successful
05-09-2011: Received SSN by visiting local card center
05-10-2011: Biometrics appointment notice, June 1, 2011.
05-13-2011: Received SSN Card in Mail
06-01-2011: Biometrics appt. in Sacramento, CA
09-16-2011: EAD approved
09-26-2011: AOS Interview in Sacramento
09-26-2011: Green Card (2 yr conditional) granted

02-03-2013: Separated - Return to Canada

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Hi everyone,

I'm American and my wife is Canadian. We had been living abroad, but I got a job in the US in September. We started applying for my wife's green card when we first got to the US. She has been living here on her 6 month visitor visa, but that is going to expire soon. She is going back to Canada to spend some time visiting family and friends, but we are planning to have her come back to the US after a few weeks, if possible. Our current plan is to have her stay with her family about 5 weeks, then buy a round trip from Toronto back to the US to stay for about 8 weeks. We figure by then she will be close to her interview date.

We originally thought that if she brings all her paperwork from the visa process, she should be okay getting through customs, but I have read many people talk about "strong ties" to Canada. She freelance writes through the web, so she doesn't have a strong tie as far as a job goes. Her only real tie is her family.

Has anyone in a similar situation tried to cross the border? Any advice/tips?

Thanks!

Your fiance can only spend 6 months out of a 1 yr period in the USA. If she comes back and stays more than 6 months TOTAL (It can be 6 1-month trips, or 1 6-month trip. They do not care), it is called an over-stay and can affect the immigration process badly. That would be manipulating the system so she can live there without a green card. Over 6 months would make her an illegal resident. It would also mean she is no longer a resident of her province, as they consider 3-6 month absences to be a forfeit of residency in that province. This affects health care, taxes etc. So this is not a simple way around being apart. This is why many of us are desperate to get our Visas and GC's... you can't work the system like this.

06-15?-2009: Starting talking on dating website
07-06-2009: Met in person in Roseville, CA
09-09-2010: Sent I-129f to TXS Lockbox
09-13-2010: NOA1 received
02-02-2011: NOA2 Notification Sent - Approved!!!
02-04-2011: NVC Received
02-09-2011: NVS sent to Vancouver consulate
02-14-2011: Received by Vancouver Consulate
02-15-2011: Packet 3 sent by Vancouver Consulate
02-18-2011: Packet 3 received
02-18-2011: Packet 3 sent back to consulate
02-19-2011: Interview date received!!! Letter on its way!
03-23-2011: Medical at Woking Clinic, Vancouver BC (AM)
03-23-2011: Interview at Vancouver Consulate (PM)
03-23-2011: APPROVED for K-1 Visa!!!! biggrin.png
04-27-2011: POE
05-03-2011: Sent AOS, AP applications
05-06-2011: NOA1 received for AOS and AP
05-06-2011: Applied for SSN. Application successful
05-09-2011: Received SSN by visiting local card center
05-10-2011: Biometrics appointment notice, June 1, 2011.
05-13-2011: Received SSN Card in Mail
06-01-2011: Biometrics appt. in Sacramento, CA
09-16-2011: EAD approved
09-26-2011: AOS Interview in Sacramento
09-26-2011: Green Card (2 yr conditional) granted

02-03-2013: Separated - Return to Canada

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Well, VJ won't let me edit any of my replies. Argggghhh.

After thinking about what the orig poster said, this was my overall response... sorry for having to repost. Stupid forums.

It's not really a visa... I am assuming he is referring to her being allowed to stay for 6 months out of the year. There is no Canada to US travel visa, but there are regulations on duration of stay. The visa may also be from the country she was living in abroad. If it was Canada, as we all know, travel is open from Can to the USA. Those who can afford to go and not work have it easy, but ties are necessary, whatever those ties might be. The fact that she has visited before and come back successfully within the time-frame will help her situation, but the logistics of being on a Visa from another country (if that is the case) will alter that. Regardless, your fiance can only spend 6 months out of a 1 yr period in the USA. If she comes back and stays more than 6 months TOTAL (It can be 6 1-month trips, or 1 6-month trip. They do not care), it is called an over-stay and can affect the immigration process badly. That would be manipulating the system so she can live there without a green card. Over 6 months would make her an illegal resident. It would also mean she is no longer a resident of her province, as they consider 3-6 month absences to be a forfeit of residency in that province. This affects health care, taxes etc. So this is not a simple way around being apart. This is why many of us are desperate to get our Visas and GC's... you can't work the system like this

06-15?-2009: Starting talking on dating website
07-06-2009: Met in person in Roseville, CA
09-09-2010: Sent I-129f to TXS Lockbox
09-13-2010: NOA1 received
02-02-2011: NOA2 Notification Sent - Approved!!!
02-04-2011: NVC Received
02-09-2011: NVS sent to Vancouver consulate
02-14-2011: Received by Vancouver Consulate
02-15-2011: Packet 3 sent by Vancouver Consulate
02-18-2011: Packet 3 received
02-18-2011: Packet 3 sent back to consulate
02-19-2011: Interview date received!!! Letter on its way!
03-23-2011: Medical at Woking Clinic, Vancouver BC (AM)
03-23-2011: Interview at Vancouver Consulate (PM)
03-23-2011: APPROVED for K-1 Visa!!!! biggrin.png
04-27-2011: POE
05-03-2011: Sent AOS, AP applications
05-06-2011: NOA1 received for AOS and AP
05-06-2011: Applied for SSN. Application successful
05-09-2011: Received SSN by visiting local card center
05-10-2011: Biometrics appointment notice, June 1, 2011.
05-13-2011: Received SSN Card in Mail
06-01-2011: Biometrics appt. in Sacramento, CA
09-16-2011: EAD approved
09-26-2011: AOS Interview in Sacramento
09-26-2011: Green Card (2 yr conditional) granted

02-03-2013: Separated - Return to Canada

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