commuting while waiting for K-3

[robandclara 0]

We have sent the I130 last week, I wonder how often I can cross the border to see my wife, I work and live in canada and my wife is in US (50 miles away from me).

Is there a limit to how often I cross to see her-in other words will the immigration personnel let me cross everyday or will it become a potential problem for me and the application process (I assume I can't stay with her even if I prove I'm actively employed in Canada).

2nd question

Our intent is for me to continue working Canada while living in US, with this in mind will we be able to use my income as part of the support requirements??

Thanks for any help-

[Reba 2]

First question - you can go back and forth until they tell you you can't. They may stop you tomorrow and bar you from entry until you have your visa.

Second question - while it is not the intent of the visa to work in one country and live in another, technically it is possible. You may want to ask an immigration expert tho if commuting for work will hinder your status in the States.

And no, I don't think you can use your own income on the affidavit of support. Again, you may want to ask an immigration expert. If there is such an animal.

[Davin and Rachel 0]

When crossing to the US, make sure you have with you each trip: Utility bills, rent reciepts, check stubs, all most recent. What they will ask for is proof of responsibility in canada, and im not sure how long they will let you do that, the term "Intent to Immigrate" seems to be viewed differently for each officer.

I'd suggest you wife make a majority of the trips to visit you durring this process... that trip is a bit less painfull and risky.

As far as working in ca afterward, good question. I dont suspect it will be an issue as long as your paperwork is in order. I would be weary of possible double taxation tho, you may not find it to be worth it.

as far as the 2nd question goes, probably not a good idea.. you would probably be better off getting a co-sponsor if its needed.

We have sent the I130 last week, I wonder how often I can cross the border to see my wife, I work and live in canada and my wife is in US (50 miles away from me).

Is there a limit to how often I cross to see her-in other words will the immigration personnel let me cross everyday or will it become a potential problem for me and the application process (I assume I can't stay with her even if I prove I'm actively employed in Canada).

2nd question

Our intent is for me to continue working Canada while living in US, with this in mind will we be able to use my income as part of the support requirements??

Thanks for any help-

[robandclara 0]

Thanks for the input.

Not sure where to go now-it's very frustrating when you spend 2.5 years together then just like that you can't be together just because of a border.

I have some potential opprotunities in the US, I may just go that route.

Would there be any issues if I did attempt to get a TN visa again??

Thanks again

[Davin and Rachel 0]

Not sure where to go now-it's very frustrating when you spend 2.5 years together then just like that you can't be together just because of a border.

Amen there... i know how ya feel =/ that silly bridge can make 30 miles seem like 300 once customs is done with you.

[Yodrak 7]

robandclara,

Quite possibly you can. The K3 visa is a multiple entry visa. If you can demonstrate that you can and will continue in your present job after moving to the USA that should satisfy the public charge requirements and you shouldn't need a sponsor if your own income is sufficient.

Alternatively, if you end up going for an immigrant visa, you should be able to include your income with your wife's income on her I-864 affidavit of support as a Household Member.

Find an immigration attorney to discuss these issues and get insight as to potential problems.

Yodrak

.....

2nd question

Our intent is for me to continue working Canada while living in US, with this in mind will we be able to use my income as part of the support requirements??

.....

Edited November 17, 2006 by Yodrak

[CutienPurg 0]

My husband would also like to work in Canada after moving to the U.S...........

Now.......take this for what its worth............ I spoke with someone ( I think it was USCIS) who said it wouldn't be a problem as long as he had a multiple entry visa. HOWEVER, no mention was made as to whether or not he would still require EAD if the job began before his move.....or after for that matter.

Regarding double taxation....... I know you get credits on your US tax return for federal taxes paid in a foreign country....what I dont know is , do you get credited for everything u pay such as E.I., OHIP, CPP, etc? In fact maybe I really dont understand that whole tax credit thing at all.......HELP!

I dunno about daily crossings......some mention has been made in other posts regarding the length of time background checks take if you have excessive entries. I think crossing daily would push the envelope in many areas thereby exposing yourselves to unnecessary risk.

[macburt 0]

We have sent the I130 last week, I wonder how often I can cross the border to see my wife, I work and live in canada and my wife is in US (50 miles away from me).

Is there a limit to how often I cross to see her-in other words will the immigration personnel let me cross everyday or will it become a potential problem for me and the application process (I assume I can't stay with her even if I prove I'm actively employed in Canada).

2nd question

Our intent is for me to continue working Canada while living in US, with this in mind will we be able to use my income as part of the support requirements??

Thanks for any help-

Hi Rob & Clara

I too have a I-130 & I-129F pending. I cross the border every weekend to see my husband who lives 22 kms away. As long as I prove & maintain my Canadian residence proof of my hydro, pay stubs, mortgage papers etc and the magic words Is you are going to VISIT her wife/husband you will be okay to cross the border. However, just last night I was stopped at Sumas POE and they ran my I-797 in the computer they kept me for 40 mins waiting. Because I came down on a Thursday and not the usual Friday evening. They questioned me on the extra day I was using for my VISIT my husband. You must maintain 51% in Canada until your Visa is approved.

As for the second part of your question- no you will not be able to use your support for requirements. support is deemed by the US citizen that he/she can support you and you are not a charge on the US state.

[Yodrak 7]

macburt,

Not necessarily true. The K visas are non-immigrant visas, and as such if the visa applicant can support themself then no sponsor need be required.

It's not the usual situation for K visas, but that is not the same thing as not being allowed.

Yodrak

.....

As for the second part of your question- no you will not be able to use your support for requirements. support is deemed by the US citizen that he/she can support you and you are not a charge on the US state.

[robandclara 0]

Everyone's comments are greatly appreciated,

I'm going to see my wife this weekend, I'm sure everything will go fine(fingers cross).

We have alot to talk about-think we'll contact lawyer next week.

Thanks All!!!