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Filed: Timeline
Posted

I am trying to help a friend sort out with some visa issues and am a bit confused about things.

- She is a Canadian citizen who is currently in the US on a tourist visa. She plans on staying for the six months allowed, then returning to Canada for two weeks, then returning to the US for another six months. She is living with her significant other and they are trying to decide within 1- 1 1/2 years whether they want to marry. She will live on the tourist visa for six months at a time until they come to a conclusion about whether she will permanently immigrate. According to her, since she is not working, this is not breaching the law. According to my own research, this breaches the "temporary stay" requirement of the visa.

- She will not have many ties to Canada during this time period. She can use her parent's address as a permanent address and she has Canadian bank accounts. However, she is putting herself on a lease for an apartment in the US, and will soon have utilities in her name down there as well.

- She is not working any traditional job while she is in the US, but she is writing a book that she intends to publish at some point in the future.

So my questions are:

1. Is using a tourist visa in this manner going to get her in trouble? What could go wrong in this situation?

2. What sort of effects will this living situation have on any future K1 visa application?

3. Is working on a book while in the US on a tourist visa allowed, or does she need to obtain a different type of visa for this before she attempts to sell her work?

Posted

People visit on tourist visa, not live in the US. Claiming it's all good since she is not working is totally ignorant.

With the plan she has, she will be denied entry next time around - she's supposed to be out of the US more than in when visiting.

There's no visa for deciding or not to marry - they either get married and file for spousal petition or they file K-1 petition.

ROC 2009
Naturalization 2010

Filed: Citizen (apr) Country: Canada
Timeline
Posted

It is possible she will lose claims to her provincial health care because for tax purposes she is no longer a resident of her province. Plus, she'll probably be uninsured in the US I assume correct?

1. with limited ties to the US, a six month stay with a two week turn around before trying to go again...might be a denial of entry

2. Limited

3. She cannot work in the US on a tourist visa, period.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Country: Vietnam (no flag)
Timeline
Posted

1. Worst case scenario - she is refused entry.

2. None since each time she is admitted, CBP is allowing her into the US.

3. Its fine. No one is paying her. She could end end not selling the novel and it's a nice project. Its a hobby.

As long as CBP lets her into the US and she is not working, she is fine.

Filed: Timeline
Posted

The biggest question is will CBP let her in the second time around? Options:

- She is let in without any problem.

- She goes in for a deeper second interview where she is grilled but they let her in.

- They only admit her for a time less than 6 months.

- She is refused entry.

- Her visa is cancelled on the site and she is refused entry (worst case).

No one knows for sure what the officer will do.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

The biggest question is will CBP let her in the second time around? Options:

- She is let in without any problem.

- She goes in for a deeper second interview where she is grilled but they let her in.

- They only admit her for a time less than 6 months.

- She is refused entry.

- Her visa is cancelled on the site and she is refused entry (worst case).

No one knows for sure what the officer will do.

Although the OP mentioned a visa, Canadians do not travel on visas. As a result, she may receive a ban instead of a visa cancellation if it is thought that she is abusing the very generous travel conditions Canadians have.

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

The big factor here is she is violating the terms of her visitor visa. While Canadians do not receive a paper visa, they are considered visitors to the US under the B-2 Visa category based upon presentation of their proof of Canadian citizenship.

She is not 'visiting',however, she is living in the US regardless of the amounts of time involved. She is supposed to be 'outside of the US' for at least as long - and preferably longer -than she is 'inside of the US'. Having her name on a lease and having utilities in her name are proof that she is not a visitor and is violating the intent of the visitor B-2 status. She is using false pretenses to enter the US as a means to bypass the more difficult acquisition of a more appropriate visa status. Even though Americans and Canadians are next door neighbours, we can't pretend that the border doesn't exist. It does. The US and Canada are foreign countries to each other and cross border relationships cannot be treated the same as the boy/girl next door type of relationship.

She may get away with it for a while - but the likelihood is that she will not. What is most likely is that when she is caught probably on one of her attempts to re-enter the US after her short 2 week 'vacation' in Canada, she will denied entry to the US and possibly face a ban, probably significant. If she is also found guilty of deliberate misrepresentation - for instance, telling the border guard that she is visiting and falsifying the length of time of that visit when she is in fact returning to live at her de facto residence in the US - she may even face a permanent ban that will deny her entry to the US for the rest of her life. If she tries to re-enter the US after this, she could expect to be put in prison in the US pending a deportation hearing in front of a US immigration judge. Don't think that this doesn't happen to Canadians because it does.

Please advise her not to follow this route. If she and her US citizen boyfriend wish to take their relationship to the next level it may come back to haunt her big time.Even if she gets away with it during the period of living together, it must be disclosed in the immigration paperwork that is required for her to immigrate to the US as the fiance or spouse of a US citizen. Lying or misrepresenting the fact that she has been residing in the US without the proper authorization by failure to disclose this information will cause problems just as disclosing the fact she has committed visa fraud will cause problems. USCIS also arranges for security checks so there are many stages along the process that incorrect or inaccurate information will be discovered.

Ultimately, if she pursues this path it may mean that when she and her partner wish to live together in a more permanent legal arrangement, they may need to investigate what is involved in him relocating to Canada, instead,

You just don't try to bend the rules with US immigration - not even a little.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

Filed: K-1 Visa Country: Wales
Timeline
Posted

I would think more likely she will.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

How many do?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

wonder what would have happened if I had mentioned those facts...

The hard assed CBP officer will go, "I see. Well since you may or may not get married on this trip and right now you do not plan to get married, I think I will deny you so you do not enter the US and then file for AOS after getting married. Sorry. Have a nice day."

The easy going CBP officer will go, "Oh that's nice. Well why don't the two of you get married in the US and then file for AOS. I will admit you. Have a nice day."

There seems to be a lot of in between also. I really wish this was more black and white, but there must be guideline the CBP officers follow and each person interprets them their own way.

OP: Have her do what she wants and let the chips fall where they may. Canadians have a whole different set of "rules" compared to other countries when it comes to visiting the US. Too bad you don't live closer to Canada where she could drive across every weekend to "visit".

Dave

 
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