Visiting Canada for 6 months

[aloren 0]

Hi everyone! I am an American living in Canada with my fiance, waiting for his K1 to go through so we can move to the states. I entered Canada on a 6 month work permit, which I hoped to extend so that I could stay up here longer and not be seperated for so long from my fiance. The extension was denied. I immediately applied to change my status from a worker to a visitor. I was told that I could either go back to the US and then through the border, or mail in a form in order to change my status. I opted to mail in the form, thinking it would be good to have some kind of paperwork in hand. I am hoping to stay here with him for 6 more months, then go back down ahead of him in order to find work. My question is this: I am going down to the US to visit my dad, and I am worried about being denied at the border coming back. I live here and all of my things are here. I spoke with Immigration Canada several times and explained the situation to them, and every person I spoke with told me that I shouldn't have any problem at the border- that US citizens can visit Canada for up to 6 months no problem. The form I mailed in to change my status takes 4 months to process, and at the very least I am here legally until they reach a decision under "implied status." I have my K1 application to show them that I intend to move back to the US, but no job or apartment in the states. Does anyone have experience with this? Should I tell them the whole story right away or just say that I am visiting my boyfriend? I want to look forward to my vacation, but this paranoia about getting back into Canada keeps nagging at me.

[bradcanuck 1]

Hi everyone! I am an American living in Canada with my fiance, waiting for his K1 to go through so we can move to the states. I entered Canada on a 6 month work permit, which I hoped to extend so that I could stay up here longer and not be seperated for so long from my fiance. The extension was denied. I immediately applied to change my status from a worker to a visitor. I was told that I could either go back to the US and then through the border, or mail in a form in order to change my status. I opted to mail in the form, thinking it would be good to have some kind of paperwork in hand. I am hoping to stay here with him for 6 more months, then go back down ahead of him in order to find work. My question is this: I am going down to the US to visit my dad, and I am worried about being denied at the border coming back. I live here and all of my things are here. I spoke with Immigration Canada several times and explained the situation to them, and every person I spoke with told me that I shouldn't have any problem at the border- that US citizens can visit Canada for up to 6 months no problem. The form I mailed in to change my status takes 4 months to process, and at the very least I am here legally until they reach a decision under "implied status." I have my K1 application to show them that I intend to move back to the US, but no job or apartment in the states. Does anyone have experience with this? Should I tell them the whole story right away or just say that I am visiting my boyfriend? I want to look forward to my vacation, but this paranoia about getting back into Canada keeps nagging at me.

Never lie to a border agent. That's the best advice I can give to you. I understand your predicament and yes there is a chance you can be denied entry (anyone can be technically.) The rules are the rules and sometimes they don't work the way we want or need them to. Best of luck to you.

[aloren 0]

Thanks for your advice! I certainly won't lie at the border, just wondering if I should explain the whole situation right off or just go with a simple, technically correct answer to begin with, then elaborate if need be...

[bradcanuck 1]

Thanks for your advice! I certainly won't lie at the border, just wondering if I should explain the whole situation right off or just go with a simple, technically correct answer to begin with, then elaborate if need be...

My experience has always been to explain in full means they understand the situation better and don't have questions for you. I would just start at the beginning and explain it in point form. I came over the border with a weird situation (non-car import, in-transit entry) into Canada 2 weeks ago and it took 10 minutes to explain the situation. Once I did he let me through. They just want to know what is going on and that you aren't hiding anything, aren't ignorant and aren't trying to pull anything past them.

My vote is to explain it from the start. But don't take my word as the final one.

[Veronik 19]

Chris visited me from October to May after we had just met, and that was after he had been to Canada from May to September. He went back home for a month before I drove to pick him up. We were very naive and had no idea there was a time limit for visitation (that was way back before we joined VJ). When we filed our I-129F, he visited me twice after that and was never denied.

Maybe we were just lucky! Just thought I'd share our experience with you! But I agree with bradcanuck, just be straight up with the border agents...

[warlord 73]

Chris visited me from October to May after we had just met, and that was after he had been to Canada from May to September. He went back home for a month before I drove to pick him up. We were very naive and had no idea there was a time limit for visitation (that was way back before we joined VJ). When we filed our I-129F, he visited me twice after that and was never denied.

Maybe we were just lucky! Just thought I'd share our experience with you! But I agree with bradcanuck, just be straight up with the border agents...

Canada is very laxed I think in comparrison to the US. So I haven't heard of anyone else having issues going from the US to Canada, but I have heard a lot of nightmares going from Canada to the US with the visitor status...

[Veronik 19]

Canada is very laxed I think in comparrison to the US. So I haven't heard of anyone else having issues going from the US to Canada, but I have heard a lot of nightmares going from Canada to the US with the visitor status...

Oh I'm sure!!!

[Kathryn41 3,205]

It does happen the other way around as well. I am aware of several denials of entry into Canada as well as several deportations of individuals who were living with their significant other in Canada and hadn't got around to doing the paperwork yet. Canada may be more 'understanding' but you don't want to push your luck either by betting they will always be understanding. I am also aware of Americans who are visiting Canada while waiting for their own PR status to be approved who returned to the US for a short time and then re-entered Canada without a problem, having copies of their documentation with them, and proving that they were aware of and complying with Canadian immigration regulations as well.

That being said, your circumstances - having a legal status in Canada and having applied for a change of legal status that will allow you to continue visiting while your boyfriend finalizes his plans to immigrate to the US - look good.

Canada is a lot more supportive of family relationships and you have given every indication that you are following the correct immigration procedures. So, I would give a little bit more than the minimal' visiting my boyfriend' - but not the whole scenario. Explain that you are visiting your fiance while he waits for the K-1 process to immigrate to the US to be completed and that you are just waiting for approval for your own temporary resident status (visitor) in Canada so you can continue to be together during the process. Have copies of the K-1 application with you as well as copies of your now expired work visa and your application for a Temporary Resident visa (change in status). You want something in between the bare minimum and the full story until they ask for more details and then you would provide them. Good luck.

Edited April 6, 2011 by Kathryn41

[SF2007 48]

Hi everyone! I am an American living in Canada with my fiance, waiting for his K1 to go through so we can move to the states. I entered Canada on a 6 month work permit, which I hoped to extend so that I could stay up here longer and not be seperated for so long from my fiance. The extension was denied. I immediately applied to change my status from a worker to a visitor. I was told that I could either go back to the US and then through the border, or mail in a form in order to change my status. I opted to mail in the form, thinking it would be good to have some kind of paperwork in hand. I am hoping to stay here with him for 6 more months, then go back down ahead of him in order to find work. My question is this: I am going down to the US to visit my dad, and I am worried about being denied at the border coming back. I live here and all of my things are here. I spoke with Immigration Canada several times and explained the situation to them, and every person I spoke with told me that I shouldn't have any problem at the border- that US citizens can visit Canada for up to 6 months no problem. The form I mailed in to change my status takes 4 months to process, and at the very least I am here legally until they reach a decision under "implied status." I have my K1 application to show them that I intend to move back to the US, but no job or apartment in the states. Does anyone have experience with this? Should I tell them the whole story right away or just say that I am visiting my boyfriend? I want to look forward to my vacation, but this paranoia about getting back into Canada keeps nagging at me.

It is correct that Americans can visit Canada for up to 6 months at a time. But doesn't being out of the US for over 6 months/year make you a de facto resident of Canada? Should you go through Canadian customs for a long stay as a tourist, you might have to prove you have a home to go back to in the US. Not having an home(or rental) and being unemployed, you will also most likely have to prove you can provide for yourself during your stay. It will be up to the POE officer.

Besides, doesn't the USC have to prove domicile in the US at the interview? I would recommended you read the i-134 Affidavit of Support form to make sure you got that covered.

Good luck