Turned back at the border

[ishigirl 0]

I am a Canadian with an American boyfriend. This is the second year I have been visiting him over the winter months being very careful not to overstay the "deemed" 6 month visa for Canadians. He has been visiting Canada for 10 years and owns a home in the little village where I live. I rented my house out and moved into his...made sense to us.

I returned to Canada in January for a medical appointment and upon my return to the USA, was asked who was in my house - when I replied it was "rented", the red flag went up and I was detained. Turned back and told to provide proof of "Ties and Assets" - well that is another chapter unto itself. I supplied enough of the necessary information - which took over 10 days....and went back for another go. I was admitted into the US! Whew!

Here's the question....now that I have proven I do not live in the USA - what will happen now if we apply for a K-1 visa? Will this seem odd? Will they think it suspicious? We have been looking at this site and wondering which way to go (Fiance or Spouse). All we want to do is of course be together...

[KayDeeCee 4,896]

What would be odd about applying for a K-1, if you want to now marry and live in the US? Proving you do not live in the US illegally is a good thing, and not something odd at all for a K-1.

You can marry first and go for the CR-1, or you can go for the K-1 and marry later in the US. You can compare the differences between the 2 visas and decide which is best for you > http://www.visajourney.com/content/compare

~ Moved from K-1 Process to What Visa Do I Need - OP deciding on visa route ~

[NikLR 13,232]

Remember the 180 days (not 6 months, 180 days) you can stay in the USA is per 365 days not per calendar year.

So if you choose to go the K1 route (do your research on both the CR1 and the K1 routes and see which one suits you both the best) you can still visit, but as you were required to provide proof of ties to Canada, you should ALWAYS bring proof of your ties to Canada when you visit. You can be denied entry still as it is up to the individual officer each time.

[NikLR 13,232]

We chose the CR1 route because it suited us the best. I needed to be able to travel immediately (k1 you must be married then wait 2-3 months to get advance parole which allows you to travel outside the USA) and wanted to be able to work or collect EI right away. Also if he ended up moving to Canada it was easier if we were married.

Plus I wanted to be married in BC where I grew up. My mother is a minister and she married us. My daughter was able to attend without any difficulty. It was just his family and friends who couldn't make it (some of my friends too because of the date) but as it was his second wedding, he honestly said it didn't matter to him.

[ishigirl 0]

Yes, sorry! I realize it is 180 days...we probably would opt for the K-1 as I live in BC - having read the reports about the Vancouver office being quicker and Montreal is far away! Do I have to wait in Canada while the K-1 is being processed? It seems to take a long time....

[Ketsuban 1,034]

Another thing to point out is that if you are in the US for 6 months or more per year (can't remember if it is continuous or altogether) you have to file US taxes.

[NikLR 13,232]

Yes, sorry! I realize it is 180 days...we probably would opt for the K-1 as I live in BC - having read the reports about the Vancouver office being quicker and Montreal is far away! Do I have to wait in Canada while the K-1 is being processed? It seems to take a long time....

No you can still visit but you should always bring your proof of ties. Be honest, polite, friendly, have your proof of ties, and keep the visits short vs long.

If you aren't worried about working or travel right away, the K1 is the better option from BC. The money you'd save by not doing the adjustment of status ($1070) is probably the equivalent of what you'd spend on flights and a hotel in Montreal.

[ishigirl 0]

I am retired...so no need to work....but saving money is always good.

[NikLR 13,232]

Well it's not saving a lot of money, it would probably be about the same cost. I think my trip to Montreal cost me about $500 in flights and another $750ish in hotel costs because I had to wait for the medical results and didn't want to make multiple trips to Montreal. You could do it for the cost of the flight and then one night hotel (because you can do the medical in Surrey.) But depending on how far away from Vancouver you are, that might cost a bit as well.

K1 is the better option for you I think.

[ishigirl 0]

I live on the Island, but Vancouver is totally doable! We are just beginning this journey....trying to get the necessary papers prepared...before even applying....but hope to do it very soon! With the help from this site...thank you God!

[Jawaree 718]

I say marry start the process, and begin working & travelling once you arrive

you can visit with strong ties jobs lease & contracts home he too can visit you

[NikLR 13,232]

I say marry start the process, and begin working & travelling once you arrive

you can visit with strong ties jobs lease & contracts home he too can visit you

The OP lives on the other side of the country to where the immigrant visa interviews take place. If you were to drive, it would take 51 hours of straight driving. The flights about about $600 round trip. There is a consulate closer to the OP and they can obtain a K1 visa from there which would eliminate having to go across the width of North America.

[ishigirl 0]

I am retired...so won't be looking for work....if we get married first..I have to leave the country...I think the K-1 is the way to go for us.

[mitchanme 18]

I live on the Island, but Vancouver is totally doable! We are just beginning this journey....trying to get the necessary papers prepared...before even applying....but hope to do it very soon! With the help from this site...thank you God!

Wondering whereabouts you got turned back? We're going to try crossing to Port Angeles next week, together, and with the dogs. I'm nervous, my fiancé thinks it no big deal.

[Rich and Wen 101]

Just curious - how did the CO know you were not living in your house?