How much trouble will this cause my wife?

[Nick2442 1]

I have a question that has probably been asked before, but I didn't find the precise situation by searching the forum. Here is my question:

I'm an American citizen, and my wife is Thai -- we emigrated to Canada together, and lived there for one year. I couldn't find a decent job, and ended up taking a position in Montana; my wife flew in to Calgary, I picked her up, and she came to join me (she has a standing 10 year multiple entry visitor visa). We told the border guard that we were both visiting my parents. Our plan was to stay in Montana until I found a job in Alberta.

I found a job in Alberta just before my wife's 6 month stay was up. We drove up to accept it and to look around, but had to go back to Montana to wrap things up. I told the border guard the truth, that my wife had been living with me, that we were in the process of moving to Edmonton, and that if he could let her back in for two weeks we would be very grateful. He did, but also said that we were pretty much 'up the creek' and that he was only letting us pass because not doing so would probably cause more difficulties. He told us that he was making a note in my wife's record, and that the next time she entered the States we should make sure that we bring evidence of our ties in Canada (contracts, leases, etc.).

My question is this: does my wife's ability to enter the U.S. in the future now rest on the discretion of a border guard? Is there a chance that if she tries to come in she will be banned? Or is this a situation where, if we bring evidence that we really are living in Canada (which is true, we have no intention of emigrating to the U.S.), we should really not have much trouble? I do understand that lying to a border guard is a crime, and that a visitor visa is not a residence visa; but at the same time, my wife did not overstay and did not work.

Finally, when we become Canadian citizens, will this follow her onto a new passport? Basically, what we want to know is whether we can count on getting admittance, as much as anyone can, for things like funerals, family reunions, etc.

[belinda63 3,047]

The notes are there, I don't know how long they remain. Worst that can happen is if CBP is not satisfied with her evidence of ties to Canada they will turn her around at the border.

[Nick2442 1]

I should have been more clear -- I've always assumed that those notes are permanent, I doubt they just vanish. My real question is whether what she did -- living in the U.S. but not overstaying -- can result in a ban.

[Hypnos 6,578]

No, but I would say without a lot of proof there's a good chance she will be refused entry on her next attempt.

[Darnell 8,479]

I should have been more clear -- I've always assumed that those notes are permanent, I doubt they just vanish. My real question is whether what she did -- living in the U.S. but not overstaying -- can result in a ban.

if a pattern emerges, they can refuse entry at the border. Is it called a ban? Unsure, I think there's other words for it.

If a tourist visa holder is in USA fully 6 months each 12, that's part of the pattern that emerges. a CBP goon can refuse entry. Time passes, she can try again, and be let in .

[Teddy B 17,252]

I have a question that has probably been asked before, but I didn't find the precise situation by searching the forum. Here is my question:

I'm an American citizen, and my wife is Thai -- we emigrated to Canada together, and lived there for one year. I couldn't find a decent job, and ended up taking a position in Montana; my wife flew in to Calgary, I picked her up, and she came to join me (she has a standing 10 year multiple entry visitor visa). We told the border guard that we were both visiting my parents. Our plan was to stay in Montana until I found a job in Alberta.

I found a job in Alberta just before my wife's 6 month stay was up. We drove up to accept it and to look around, but had to go back to Montana to wrap things up. I told the border guard the truth, that my wife had been living with me, that we were in the process of moving to Edmonton, and that if he could let her back in for two weeks we would be very grateful. He did, but also said that we were pretty much 'up the creek' and that he was only letting us pass because not doing so would probably cause more difficulties. He told us that he was making a note in my wife's record, and that the next time she entered the States we should make sure that we bring evidence of our ties in Canada (contracts, leases, etc.).

My question is this: does my wife's ability to enter the U.S. in the future now rest on the discretion of a border guard? Is there a chance that if she tries to come in she will be banned? Or is this a situation where, if we bring evidence that we really are living in Canada (which is true, we have no intention of emigrating to the U.S.), we should really not have much trouble? I do understand that lying to a border guard is a crime, and that a visitor visa is not a residence visa; but at the same time, my wife did not overstay and did not work.

Finally, when we become Canadian citizens, will this follow her onto a new passport? Basically, what we want to know is whether we can count on getting admittance, as much as anyone can, for things like funerals, family reunions, etc.

I would say yes. My guess is that the notes will probably follow over to her new passport, but who knows. I really don't think it matters much if they do. She never overstayed and she left when she said she would. Now that she is a Canadian citizen, it will probably be easier for her to enter than in the past. Always bring solid proof of ties to Canada with you and you should be ok.

How long ago did all this happen?

[Nick2442 1]

That's probably OK then, we're settled in Canada -- this was in 2012, and we haven't been back since.

Edited January 28, 2014 by Nick2442

[Teddy B 17,252]

That's probably OK then, we're settled in Canada -- this was in 2012, and we haven't been back since.

With more than one year out of the US, you should be ok. Always good to bring trip itinerary with you too when crossing.

Edited January 28, 2014 by Teddy B

[Darnell 8,479]

yup yup - if'n more than a year since the last crossing/attempt,

then

she no longer fits the pattern. she have a canadien PR card yet? IMO, show her passport + that card, is different thinking for the CBP goons.

[Teddy B 17,252]

yup yup - if'n more than a year since the last crossing/attempt,

then

she no longer fits the pattern. she have a canadien PR card yet? IMO, show her passport + that card, is different thinking for the CBP goons.

Right, she's probably not a Canadian citizen yet as I earlier stated.

Edited January 28, 2014 by Teddy B

[Nick2442 1]

Correct on all of those -- she's been a Canadian PR since 2010, with 6 months in the US. We never had a pattern of her going in and out, but actually living with me in Montana in 2012. We'll be applying for citizenship this year, if Harper doesn't change the requirements.

Really, I'm just trying to figure out if this is going to plague us for the rest of our lives, or if it counts as doing something marginal that USCS dislikes, but doesn't crack down on. I know that they hate people who enter as tourists and adjust their status, I suppose if we have trouble I could point out that we refrained from doing that.

I appreciate everyone's input, thank you very much.

Edited January 28, 2014 by Nick2442

[Darnell 8,479]

the other visits were on her THAI passport,

so (IMO) with a Canadien passport, it won't be found.

But - that won't matter,

as

holders of Canadien Passports go back and forth to USA on a special treaty, not even need stuff (usually) to travel.

[Hypnos 6,578]

Given it's been a few years I rescind what I said above, it likely won't be an issue if she wishes to visit temporarily.

[milimelo 4,562]

the other visits were on her THAI passport,

so (IMO) with a Canadien passport, it won't be found.

But - that won't matter,

as

holders of Canadien Passports go back and forth to USA on a special treaty, not even need stuff (usually) to travel.

And you'd be wrong there about not being found. A person can get a second/third/fourth ... citizenship - based on their fingerprints and DOB they will always be in the system with notes dating back to as long as the system holds info (have no idea what year to it goes).

[Hypnos 6,578]

That's correct. Notes, statuses, inadmissibilities, etc. are all tied to the alien, not their passport.