Canadian Spouse OK for Extended Visit to the USA?

[SarahBear 4]

Greetings! First off let me apologize if I've posted this in the wrong place. I thought the Canada specific forum would be my best bet.

I am a USC currently living in Toronto with on student visa (Canada PR still pending with Canada Immigration) with my Canadian husband and our Canadian/American baby. We submitted our I-130 to the Chicago Lockbox back in July. I am hoping we'll be getting our NOA2 some time within the next 2 months.

For a multitude of reasons I am strongly considering looking for a new job in my hometown back in the US (where we plan to live eventually anyway) and moving back there when I've found suitable employment. Since I have a baby I need someone to watch him during the day while I am at work. Childcare is *not* easy to find there, my sister living back in my hometown can tell you all about that. So to avoid paying for childcare during the day and risk not finding anything in time, ideally I'd like to bring my Canadian husband with me to the USA when I start my new job simply to stay home with our baby and take care of him while I am working. He would not be working at any type of job at that time.

I also know that the Montreal consulate is very picky about the whole "domicile" thing and if I already had a job and a home in the USA that would take care of that issue. I also seriously don't know anyone who would be a suitable joint sponsor for my husband's affidavit of support, so that's another problem that would be solved by me finding employment back in the USA.

I know that Canadians are technically allowed to stay in the USA for up to 6 months of the year as visitors. If I already had a job in hand and wanted to bring my husband with me to the States for a few months to watch our baby, do you think if I explained my situation that CBP would allow him entry as a visitor if we already had the NOA2 in hand? I know that MTL has quite a workload, but I doubt that it would take a full 6 months for my husband to have an interview with MTL if we moved after we got our NOA2.

Also, I saw that USCIS just issued a press release the other day that people with cases still pending who are living in the USA illegally can apply for a wavier that would forgive their overstay and allow them back into the country after their consular interview in their home country if they can prove their denial of entry would cause extreme hardship to the US citizen. My gut feeling is that now that they're changing the laws a bit this would bode well for the case I'd be trying to make to allow my husband to be with my son at home during the day while I work. Here's a link to that article if anyone is curious about this. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dc9af51016bfb310VgnVCM100000082ca60aRCRD&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190aRCRD

Thanks in advance. The advice/guidance is greatly appreciated.

[Flames9_RN 358]

CDN--Cr-1//Ir-1 have VISITED their spouses with no problems! We did monthly. The longer one wants to stay, the better the odds one could be denied entry---really up to the POE officer. Was one CDN VJ this past week that went with the intention of staying for 6 months and the POE officer let them in! Really all boils down to the POE officer and how you handle yourself! He should bring proof of ties to Canada with him when he crosses.

[SarahBear 4]

Thank you this is fantastic news! I will be getting my resume ready.

[VanessaTony 3,567]

He should be fine but remember he's not MOVING he's just VISITING. This is important. Likely they won't ask, but you're moving back and getting yourself established, he's coming to visit and help out while you get it all sorted out. Then he's going back to finish the process.

[SarahBear 4]

So if I take a new job in the US and bring him back to the US with me to watch my son, what sorts of documents should I have him bring with him to the border crossing? Thank you!

[Flames9_RN 358]

So if I take a new job in the US and bring him back to the US with me to watch my son, what sorts of documents should I have him bring with him to the border crossing? Thank you!

If it was me---I would not be traveling together..thats just me!! Watching ones son is prob not going to be valid reason for a POE officer to let him in! When he VISITS, he should have return airfare, letter from employer, bills, immigration paperwork, lease--stuff that in the eyes of a POE officer is proof that he is going to return.

Sometimes the POE officers ask very few questions--some ask more---I always had proof with me, but never had to show it. My longest visit was prob around 3 weeks!

And keep in mind a Cdn can stay up to 6 months--but the POE officer can make it for much shorter. And one should have aplan in case he does get denied entry! A denial is no big deal---but he makes a scene at the POE, or lies, and then it can turn into a ban, which is not a good thing! My 2 cents is down below in my signature

[Ms Hogan 295]

I don't think they're going to be receptive to him "watching" your son. That indicates WORK, even though it is also his son. If It were me I would travel separately. He can VISIT later whether for a set of many visits or just once. But as Flames said, he may be denied entry and the POE officer can tell him he can only stay for a certain amount of time if they feel like it.

[smrowe 12]

My husband was just let in on the 21st for an extended visit - we gave a return date of May 15. Our situation is that he is a graduate student in Toronto and has finished all of his course work and now just needs to write his dissertation. We had a letter with us from his advisor that stated he was fine to be with me while writing his dissertation but that he would need to return to Toronto to meet with his committee by May 15 in order to get things settled before leaving for some research in Peru this summer. We described this letter to the officer in secondary, but he didn't ask to see it. We just showed him our hard copy of the NOA1 and literally said "We realize that this is a longer visit that normal, but we are committed to doing this all above board". The officer even seemed a bit surprised that we had even been sent to secondary.

For your situation, I think the important thing is to have a return date for your husband, and a reason why he has to return to Canada. It is a bit of a gamble, since you don't know who you are going to get at the border or what their mood may be, but certainly it makes sense that your husband would help you move, especially since you have a young child that you have to handle! And to be very upfront - you have a new job, he's helping you move and get settled, and also look after your child while you line up daycare, and after a set date he will go back to Canada. Show them that you have begun the visa process and are trying to do things the right way. Have a back-up plan to leave your husband in Canada and come visit you by a different method for a shorter period of time (roundtrip ticket) just in case things don't work at the border. Good luck!

[The Mean Lady 604]

Ignoring time to visit, your husband is technically breaking the law by coming to watch your son.

That is considered working.

[SarahBear 4]

Ok, let me specify that the baby is actually *our* son, so he'd basically be staying at home with the baby he fathered and keeping an eye on him during his visit to the USA.

Right now he is the one making money and paying the bills and I'm living in Canada with him I watch our baby while he's at work. I'm not getting paid to do this, but he's taking care of the expenses for our family by working at his job.

We're not doing anything illegal here so I don't see how that's breaking the law if he comes to the US to visit me. We'd basically just be reversing roles.

[The Mean Lady 604]

Ok, let me specify that the baby is actually *our* son, so he'd basically be staying at home with the baby he fathered and keeping an eye on him during his visit to the USA.

Right now he is the one making money and paying the bills and I'm living in Canada with him I watch our baby while he's at work. I'm not getting paid to do this, but he's taking care of the expenses for our family by working at his job.

We're not doing anything illegal here so I don't see how that's breaking the law if he comes to the US to visit me. We'd basically just be reversing roles.

I still think it can be viewed as work, regardless, because at this time, you could be paying a US citizen to babysit your child, but instead, you are housing your husband to do it for free.

Obviously, it's up to the discretion of the POE officer, but I think it can still be viewed as illegal regardless of it being your husband's child.

[VanessaTony 3,567]

Ok, let me specify that the baby is actually *our* son, so he'd basically be staying at home with the baby he fathered and keeping an eye on him during his visit to the USA.

Right now he is the one making money and paying the bills and I'm living in Canada with him I watch our baby while he's at work. I'm not getting paid to do this, but he's taking care of the expenses for our family by working at his job.

We're not doing anything illegal here so I don't see how that's breaking the law if he comes to the US to visit me. We'd basically just be reversing roles.

KDH is technically correct. Even though it's his son as well, your husband doesn't have legal status to stay in the US, he's supposed to be a "tourist". It would be the same if a grandparent applied for a US visitor visa and said "I'm going to baby sit my grand child". So they're not going to visit, they're going to "work" and technically they could say taking a job from a USC/LPR.

It's all about how you word it. He's going to VISIT you and his son, hang out for a bit etc etc. Don't make it about the whole babysitting thing. Even though that's it. It's not like he's really breaking the law. Like you said it's HIS son too but sometimes they can get really nitpicky.

[SarahBear 4]

That's quite a stretch to think taking care of your own kid while traveling to another country on an extended stay would be equated with breaking the law. If my husband and son went to the US (or any other country) for an extended stay I highly doubt that any border guard would give him a hard time about caring for his own child during the visit and not hiring a citizen of that country to watch him during his travels...

I guess we'll just have to roll the dice and hope we get an officer that will let him stay.

I really appreciate the time everyone took to respond to my question. The help is greatly appreciated and I'm feeling much better about things now. Thank you everyone!!

Edited January 5, 2013 by SarahBear

[The Mean Lady 604]

I was watching the canadian border security show last week and a guy was almost turned away because he stated that while he was staying with his fiance's parents, he was going to fix a few things on their house.

I didn't bat an eyelash when he said that, because I too would have though to have my dad come up and help us fix up the house if we ever got to that point.

But the border guard immediately told him that he could NOT be doing that because it would be considered work.

Even if I was capable of painting a house on my own and never had intention of paying someone to do so, but asked my dad to come up and keep me company and help me out to get it done faster, it is considered work.

Luckily the fiance's mother was there and set straight and promised to not let him work on the house (but c'mon you know he did) and they let him through.

Anyways, not an exact replication of your situation, but you can see how even the silliest things are considered work taken away.

Oh, here's another situation from the australian show.

Guy wanted to go to australia to jam with some friends that had a band.

The band paid for his ticket to come.

They considered that payment for services rendered and told the guy it was illegal.

There was much more to that story, but yet another situation where it sure didn't seem like work.

[VanessaTony 3,567]

I was watching the canadian border security show last week and a guy was almost turned away because he stated that while he was staying with his fiance's parents, he was going to fix a few things on their house.

I didn't bat an eyelash when he said that, because I too would have though to have my dad come up and help us fix up the house if we ever got to that point.

But the border guard immediately told him that he could NOT be doing that because it would be considered work.

Even if I was capable of painting a house on my own and never had intention of paying someone to do so, but asked my dad to come up and keep me company and help me out to get it done faster, it is considered work.

Luckily the fiance's mother was there and set straight and promised to not let him work on the house (but c'mon you know he did) and they let him through.

Anyways, not an exact replication of your situation, but you can see how even the silliest things are considered work taken away.

Exactly. While we all think it makes total sense, sometimes I wonder what on earth they're thinking. I know it's their job to stop people breaking the law but sometimes I think it's more of a power trip or something.

In the OP's case I just wouldn't mention baby sitting (or looking after his son while his wife works). I would just make it about visiting with you guys while you get established. How he's there for emotional support while you get things done. But honestly, they'll probably not ask much at all!