any help appreciated

[firefly_chaser 0]

my fiance and I are shortly going to apply for a fiance visa. I spend five months of the winter in the USA (from the end of oct - early march) and My dad called me and said that I can't go back because six months is as long as i'm allowed to stay and they may turn me around. I've been surfing four an hour and have found little hours. There are so many types of visas. I am canadian and have never had any trouble crossing the border. I just want to be able to go back to see my fiance so bad and be with him. I am off work currently with reoccurring tendonitis issues. I sat on my butt thru the winter time when I stayed in Texas. ( I could maybe go back for a month , but not at the cost of the flights, it alost isn't worth it ). My question is , is it IMPOSSIBLE for me to return for six months, or possible if I apply for a tourist visa and return sooner? will the tourist visa impede the ability to apply for a fiance visa? are we as canadians allowed to spend time in the USA, return home for a short set time, and then go back? are there any other visas I could apply for that i could use other than the tourist? any input or links to pages would be very much appreciated. Thank you so much.

[Inky 1,111]

If you apply for a tourist visa and they find you may have intent to stay in the USA, it will be denied. Having a USC fiance is a pretty good indicator, also you being out of work. Generally you need to show very strong ties to your home country to be granted a visa.

Since you stayed so long in the US already, its likely that you will have issues trying to get back there for another 6 months so soon with no job. If you decide to try going to visit again, I would cut the trip much shorter than 6 months, get tons of proof of ties to Canada, then try entering. Even still its no promise that you will be granted entry. ( having no job and a fiance in the USA is a big red flag )

Apply for the K-1 visa now. Once you have the NOA1 bring a copy to the border explain your going to visit your fiance, show the NOA1 and explain you are doing the process and need to return etc. You will be more likely to get in for a vacation showing you have to return and you are doing things the legal way.

[Sergi9 110]

RE: Your profile picture... get a room

[firefly_chaser 0]

Thanks for the info.

I like the picture. I was in a room. you dont like it? Dont look.

[firefly_chaser 0]

I re read what you said , and I'm curious what "red flag" means, when I'm not going to either overstay my visit( I follow all the laws I've been told) and would never do anything illegal IE work, so I'm curious why they would red flag me without employment ( I had two jobs and went to school before I got severe elbow tendinitis) and I have had seen countless specialists and doctors and my arm is slowly showing improvement after a year off work. I even have doctors notes proving i was unfit to do my regular work duties and needed several months off. I am meaning that , i would never jeopardize any opportunity to be with my fiance in the future. I do have ties here besides work. I want to do it all legally I just keep having more questions than answers. Is it six months in the USA, then six months here or does it depend on the situation?

[Harsh_77 718]

Red flag is you could be potential immigrant.

There would be a red flag on your file coz you dont have a current job in CA, if you have a job, means officer at POE can believe you will return for your job.

You have fiance in US, means you have all the reason to stay back in US and not return to CA.

Doctors note is not going to help the officer at POE, thats fine you were out of work coz of medical issues, but that does not prove to officer that you will return back.

You have already spent 6 months in US or close to it, is another indicator you are looking to settle down in US.

As one poster said, you file for your K1 and you can carry your NOA1 with you, which means you are doing the right way but you are just going to visit your fiance while the process is being completed and you would return back home to finish the process.

[firefly_chaser 0]

Ah I see. I still sortof have a job, I was just on leave of absence and its a seasonal job that is picking up again.

I see what you mean, even if I do have all intentions of immigrating legally and returning to canada before hand, and just visiting the USA, they still have an obligation to weigh if any individuals are going to stay and not do so legally. Gotcha. thanks.