US VISITOR VISA FOR A CANADIAN CITIZEN

[CHEWING 0]

HELLO ALL,

THIS IS MY FIRST TIME WRITING ANYTHING, I'VE JUST READ ALL THE HELPFUL INFO POSTED.

I HAVE A QUESTION AND HOPING SOMEONE MIGHT BE ABLE TO SHED SOME LIGHT ON MY SITUATION.

I AM A CANADIAN CITIZEN AND MARRIED MY HUSBAND MAY 1, 2012. I LIVE IN A CANADIAN BORDER TOWN AND HE LIVES ABOUT 3 HRS AWAY SO WE HAVE HAD PLENTY OF OPPORTUNITY TO BE TOGETHER OVER OUR 3 YEAR RELATIONSHIP. WE ARE PUTTING TOGETHER THE I-130 PKG AND ARE ALMOST READY TO SEND IT OFF. OUR PLANS WILL BE FOR MY HUSBAND TO MOVE TO THE US BORDER TOWN OPPOSITE MY CURRENT HOME AND WE WOULD PURCHASE A HOUSE LIVE THERE ONCE I'M A PERMANENT RESIDENT. BY DOING THIS I AM ABLE MAINTAIN MY EMPLOYMENT IN CANADA WITH THE CANADIAN GOVERNMENT.

MY QUESTIONS ARE:

SINCE I DO NOT REQUIRE EMPLOYMENT IN THE US AND SIMPLY WANT TO LIVE/BE WITH MY HUSBAND, WILL OBTAINING A US VISITOR VISA PROVIDE ME THE OPPORTUNITY TO LIVE/VISIT MY HUSBAND WHILE WAITING FOR THE PERMANENT RESIDENCY TO BE APPROVED? I KNOW A VISITOR'S VISA IS GOOD FOR 6 MONTHS AND CAN BE EXTENDED FOR UP TO A YEAR. I HAVE BEEN ABLE TO TRAVEL BACK AND FORTH ACROSS THE BORDER WITHOUT ANY PROBLEMS AS I CARRY PROOF OF 'TIES' TO CANADA ALL THE TIME, PLUS MY JOB SEEMS TO CARRY A LEVEL OF UNDERSTANDING AMONGST THE US BORDER AGENTS. HOWEVER, I DON'T WANT TO TAKE A CHANCE AND GET TURNED AWAY AND NOT ALLOWED BACK INTO THE COUNTRY FOR AN EXTENDED PERIOD OF TIME. IN CANADA PEOPLE WHO ARE LOOKING TO GET PERMANENT RESIDENCY CAN APPLY FOR A TEMPORARY RESIDENTS VISA AND LIVE IN CANADA WITH THEIR SPOUSE UNTIL WHICH TIME THEIR APPLICATION IS APPROVED. BUT IT DOESN'T APPEAR THE US OFFERS SUCH A CONVENIENT SOLUTION TO SPOUSES LIVING SEPERATELY. ANY SUGGESTIONS?

ALSO... MY SONS ARE INCLUDED ON THE I-130 APPLICATION, HOWEVER, THE APPLICATION PKG DOES NOT INDICATE THE NEED FOR A LETTER FROM THEIR NATURAL FATHER... WHEN/IF IS THIS LETTER REQUIRED DURING THIS PROCESS?

THANK YOU FOR ANY WORDS OF ADVICE!

[Inky 1,111]

Applying for a tourist visa is not going to promise entry to you.

They can still bar you from entering the USA and cancel your visa if they feel you are spending too much time in the USA.

You also will not be granted a visitor visa when you show clear intent of immigration by having an I-130 petition in the works.

You just have to wait until you have your spousal visa in your hand to move to the USA.

[canadian_wife 1,827]

Inky hit it on the head with regards to a visitors visa (which I am not even sure is granted to canadians) and certainly does not guarentee you to enter the US.

Your sons should not be 'included' in your petition, they should have a petition of their own. If they do not, I suggest your husband files one soonish

Yes, a letter from the natural father will be required. Unless you have legal documents stating you have sole custody, are permittd to leave the country with them, and the father has limited or no rights to the children

Good luck, and stop typing in all caps - that suggests you are yelling at us. Don't yell at us, we are trying to help.

[bsd058 296]

Applying for a tourist visa is not going to promise entry to you.

They can still bar you from entering the USA and cancel your visa if they feel you are spending too much time in the USA.

You also will not be granted a visitor visa when you show clear intent of immigration by having an I-130 petition in the works.

You just have to wait until you have your spousal visa in your hand to move to the USA.

The intent to immigrate is not so black and white. The OP's intention on the trip to cross the border is not to enter in order to immigrate. CBP asks you specifically, "What is the purpose of your stay?" It is to enter in order to visit her husband because she is not intending to stay in the US permanently on that visit. Once she has her immigration visa, then she will enter in order to immigrate. As long as you have ties you should be okay, even if you've submitted the I-130. The I-130 shows a general intent, but doesn't show an intent to immigrate at the moment you are at the border.

I think your visitor's status (stamp in the passport) might suffice to stay for up to 6 months if it's okay with the CBP officer. CBP officers can deny you at any time if they feel your permanent address is in the US. So you should keep a Canadian residence to come back to as well as your current job and evidence of both. Be careful of your choice of words, though. Visiting your husband and living with him are two different things. He should come and visit you, too. Then it will help you establish that you are visiting each other and not setting up a home in the States. You cannot "live" with him (ie. not have a Canadian permanent address), but you can "visit him" for extended periods of time as long as it's your intention to not do so permanently until your visa is granted.

It's a very unique situation. Not often do spouses live just opposite to each other on the border. Good luck to you.

[lovetina 0]

I was in the exact same situation - my husband and I lived on border towns - literally 10 mins apart but with an internation border between us. I kept my job in Canada after I was granted permanent residence status and cross the border daily.

My husband kept his apartment and I kept mine until I moved offically but what I did was spend 3 - 4 days in US - and then 3-4 in Canada and the CBP was ok with that. I was very honest with them throughout this process and they stopped me when I was pushing to hard. Since they are the ones you see the most they are the ones you want on your side!

[Bule&Cantik 8]

Omg.

Is it CAPS LOCK day?

[Ryan H 3,828]

Moved from IR-1/CR-1 Process & Procedures to Canada regional forum; the topic of visiting the US from Canada while the visa process is in progress is a Canada specific topic.