CR-1 endless questions

[aaronop 0]

Hey everyone, hoping to get some answers to the many, many questions I have.

My Canadian wife and I got married in June 2011 and I filed the I-130 shortly after moving to the USA in September 2011.

We haven't always been the fastest at returning the various requests for stuff along the way, but now we are, I think, in the last stages of the NVC stuff before the Montreal consulate gets her case.

Basically I'm trying to figure out a way for my wife and I to be separated as little as possible while we wait for her visa application to finish.

Currently we're waiting on her police report - local police said it would be about 10 to 20 days, and it's been about 10 business days now so we could have another 2 weeks to wait.

From what I can gather, once we send this final information off to the NVC (police report, passport, birth certificate, etc), they will take a couple of weeks to review and then pass the case on to the Montreal consulate, who will then take 2 to 4 months to schedule an interview.

So we're looking at at least another 3 to 5 months right now, correct?

In retrospect I feel like we should have gotten my wife to the US and filed an I-485, but at the time it seemed like a better idea to process in Canada due to cost and other things.

Is there any way, at this point in the process, to switch to an adjustment of status rather than consular processing so that my wife and I don't have to be separated for that much longer? Would that delay the process substantially?

My wife visited and stayed in the US with me for a little less than 4 months on a tourist visa, which means that she can't visit again for more than 2 months or so and might have trouble at the border if the officers think she might be trying to stay - she was denied entry to the US back in March because the officers thought she was trying to illegally immigrate, though she tried again in August and was able to enter the US and stayed until we both came back to Canada in December.

Is there a way to extend the tourist visa limitation so she can stay in the US until her interview in Montreal? Is she likely to get denied entry into the US again (even though she clearly has to return to Canada to finish her consular processing whatnot)? Would there be anything wrong with her visiting for another 2 months (as long as the total time spent in the US is less than 6 months)?

I think that's all I have for now, I really appreciate anyone who's read this far and can help us out at all. I realize that there would be answers to some or all of these questions on these forums but whenever I try to do any research myself I end up with a lot more new questions and a headache.

Many, many thanks!

[Flames9_RN 358]

No real answer----As you found out--it comes down to the POE officer! Technically every-time one returns to Canada, the clock is re-set--BUT if they think your spending too much time in the USA--they can deny one entry into the USA. Ensure she has prrof of ties to Canada--ie return ticket, letter from employer, lease, utility bills. Majority of us have done the long distance relationship, it sucks, but could be worse

[aaronop 0]

Technically every-time one returns to Canada, the clock is re-set--BUT if they think your spending too much time in the USA--they can deny one entry into the USA.

I've gotten mixed info on this, as to whether Canadians can spend up to six months at a time or six months out of a year as a maximum. Does anyone have a link to some sort of government page that would have this info?

[Flames9_RN 358]

I've gotten mixed info on this, as to whether Canadians can spend up to six months at a time or six months out of a year as a maximum. Does anyone have a link to some sort of government page that would have this info?

I don't have a link (sorry) but this question on another forum gets asked all the time! (http://www.canuckabroad.com/forums/) and what was stated there (and yes really means nothing,lol--but I recall seeing a link at 1 time) Was that it "resets" after each time one returns to canada, BUT like I stated, if they think ur spending more time in the USA than Canada, they can deny you entry. And keep in Mind as a Cdn Citizen once your out of the country for over 6 months, you can loose health care benefits (that varies from province to province on how that is handled.

And a USA POE officer can limit ones stay,if they do they write it down..if they do not write anythign down, a Cdn can stay up to 6 months

[Ms Hogan 295]

This link explains a little bit more. https://help.cbp.gov/app/answers/detail/a_id/619/kw/canada%20length%20of%20stay

It does explain how we can stay for up to 6 months and that there is no minimum length of time between visits HOWEVER at the bottom it goes on to point out how if the officer believes we are spending MORE time in the U.S. than Canada the burden of proof is on us. I have been told that it is 6 months within a year. I cross every 2-3 weeks and although never have been given a hard time I have been asked how much time I have spent there within the past 6 months specifically.

If I can find where I read about it being within a 365 day period I'll post it but I can't remember at this time.