Allowed under B2?

[Cyteen 0]

Great to see such an active and helpful community! Negotiating through these rules and regulations looks pretty onerous and I’m pleased to see all the stories from people who’ve been there and done that or are on similar paths.

I’m hoping this community can point us to some guidance.

My SO and I have been in a long distance relationship for approximately 6 years. She is an American citizen resident in the US. I am a Canadian Citizen resident in Canada. We’ve decided it’s time to delete the “long distance” part of our relationship. We both travel back and forth to each other’s home numerous times a year. In all likelihood, if we both lived in the same country, we would have moved in together long ago. However, she still has kids who need to finish school as well as being a graduate student herself and therefore, it isn’t possible for her to come to Canada for a few years. She is well employed as a medical professional.

I, on the other hand, have no such impediments. I am semi-retired and have strong ties to Canada in that I own property and investments here. I have nobody dependant on me, my own kids being grown and on their own.

We consider ourselves to be life partners at this point, and as I said, would likely be sharing a household by now were it not for the border. However, there doesn’t seem to be a legal way for us to do this, so we are looking at the alternatives that will help us meet our goals.

The way we see it, the possibilities are these:

1]I can travel, as thousands of Canadian” Snowbirds” do every year, returning to Canada from time to time as required for medical insurance continuity and so forth. She lives close enough to the border [and in a much better climate] and these periodic returns wouldn’t be a big problem for us.

2] We can start the application rolling for a fiancé visa. From what we see of this alternative though, it requires the non-resident fiancé to live outside the US until the paperwork all unwinds. I would prefer to live with my intended while we wait for the processing.

3] We can get married during one of our periodic trips back and forth, there after applying for me to immigrate as a spouse. From what we’re able to see though, while the process is ongoing, I would still have to remain outside the US until all the paperwork is done and requirements met.

There are no legal impediments to either of us marrying in either country.

So, our questions come down to these, since we want to do things totally legally and above board.

A] Is there a way, provision or avenue for me to enter and live in the US as a domestic partner without our having established a common household previously in either of our countries?

B] Can I enter and live in the US while awaiting the process. For either a fiancé or married visa on a B2 visa [airport stamp? Incidentally, I’ve been unable to find anywhere stating for how long one of these visas is valid.

Thanks in advance to one and all for your guidance, and best fortunes on your own paths.

[canadian_wife 1,822]

A] Sorry no, there are no domestic partner or girlfriend/boyfriend visas. You either have to be engaged or married.

B] no, you cannot live in the US without authorization. You can, however, visit. If admitted, you can stay for up to 6 months, like you mentioned in your snow bird comment, however you will have to return for the medical and the interview

Once you file the paperwork, you are not forbidden to travel to the US - you may visit but you'll want to carry ties to Canada to make each application for entrance easier

Good luck

Edited June 2, 2011 by canadian_wife

[Cyteen 0]

Thank you for the information. We're wondering though, if it is within the law to apply for the visa while I am there as a visitor?

[Noah Lot 391]

and that is exactly what people are talking about...people who allegedly don't want to violate the law, but apparently don't mind fibbing to our border folks..."oh, I'm just here to visit a friend...' and ...what do you know....gee, we'll file for the immigrant visa.....these would be the same whiners who would complain if either the tourist visa got denied or if the foreign 'friend' was denied admission to the US....oh, would we hear all the howling about those evil bureaucrats...the very same ones who you want to trust are the same ones whose trust you want to violate....could you explain to everyone why you think it's ok to lie to our border and immigration officials???

[Cyteen 0]

Exactly where is it that you see me saying I would lie to get in?

On the I-129F Form question #12 specifically asks if the fiancee is currently in the U.S., date of arrival/departure record number.

How would filling out that information after I arrive in the U.S. be lying?

Read before you accuse, dude.

[Noah Lot 391]

and yet, YOU are the one talking about applying for the immigrant visa/green card AFTER being admitted as a tourist....not me....dudette.

[Ryan H 3,812]

Thank you for the information. We're wondering though, if it is within the law to apply for the visa while I am there as a visitor?

Your GF/fiancee could file the I-129F before you returned to Canada. There is no requirement that the beneficiary be in their home country when a petition is initially filed. With that being said, you must return to Canada before your authorized stay expires.

If you guys decided to marry during one of your visits, you can, and she can file the I-130 right after you married and before you returned to Canada (same as before, no requirement the beneficiary be abroad when the I-130 is initially filed). Again, you must return to Canada before your authorized stay expires.

Edited June 3, 2011 by Ryan H

[canadian_wife 1,822]

Ryan H is right, the petition may be sent while you are in the US, however, you MSUT return to Canada before your authorized stay expires. The medical and interview must be done in Canada

Good luck