Moving USC wife and belongings to USA ahead of green card to satisfy domicile

[BadCivilServant 10]

Hello, friends.

 

I am a Canadian citizen, married to a U.S. / Canadian citizen wife. She has never lived in the U.S. I am still waiting for my NOA-2. I filed in early September, 2016. 

 

We live in Niagara Falls, Ontario. We both have Nexus cards. 

 

I understand that the consulate in Montreal is very strict on domicile. At some point, I have to get my wife down to Orlando, Florida (where we plan to live and where she plans to transfer employment locations to). When the time comes, our plan is to drive her, her belongings and most of our furniture (but very little of my clothes, other than what I need)  down there in a U-haul and leave them in a storage locker. She would then stay in an AirBNB for a couple of weeks or a month until she can find a permanent rental. After dropping her and her belongings off, I will head back to Ontario.She doesn't have a license. 

 

After my wife has secured a house to rent, I would make my way back down to Orlando, rent a U-haul locally, move her (our) stuff in, and then return home (again, by train or plane). 

 

I know driving down there in a loaded U-Haul is playing with fire. Will a return plane / Amtrak ticket, evidence that our animals (cat and dog) are in a kennel here in Niagara Falls, my pick-up truck (with which I often cross back and forth) is not going with me, and I have a form from work authorizing my absence that I can offer the U.S. Customs officer that I am not intending to immigrate AT THAT TIME? 

 

I have also considered the option of dropping her belongings off at a U-Haul in Niagara Falls, N.Y. to be shipped down there in one of their U-Boxes. Would that be as "dangerous" as trying to drive it all the way to Florida, as far as Customs is concerned? We're talking a grand total of five miles from our current apartment in Niagara Falls, Ontario to U-Haul in Niagara Falls, N.Y. 

 

There's got a be a way of getting our stuff down there without spending thousands of dollars on a moving van. Yes, U-Haul will ship them from Niagara Falls, Ontario as well, but then again, we're easily into that "thousands" territory. 

 

I have booked the middle two weeks of May off of work as well as the last week of May and first three weeks of June (total six weeks) and plan to stay in Orlando during that time, allowing for any immigration obligations as well. I will likely travel back and forth between Orlando and Canada during that time. Always keeping in mind my ties to Canada including evidence of current employment and current rental in Canada. So I'm basically off work from May 6 to June 24 (less the week of May 20, when I need to be back at work). 

 

So far, we've crossed back and forth across the border without incident, including our week-long trip to Orlando. If I, or my Nexus card (we submitted copies of both of our cards with "my" I-130), have been "flagged" as an intending immigrant, I don't know about it. 

 

We would appreciate the opinions of anyone knowledgeable about transporting goods across the border, and if any of my fellow VisaJourney members have done so themselves while awaiting their green cards. I'm not trying to pull a fast one I'm not trying to play games. I'm not trying to break the rules or bend the rules. I have time off of work and just want to get my wife moved down to Florida to comply with the U.S. government's own domicile requirements. And then head back to Canada and wait out my green card here. It breaks my heart - and hers - that we'll be apart to satisfy this bureaucracy. Hopefully it won't be for long. 

 

Thank you and best wishes.

 

[Ryan H 3,830]

Moved from IR-1/CR-1 Process & Procedures to Canada regional forum.

[AstroCanada 206]

I can only give my experience here.  We were in a similar both.  I (the USC) was living and working in Canada with my spouse.  I moved about 3 months earlier to start a job here and establish domicile.  We shipped all our belongings under my name.  Otherwise, we would have had an annoying Catch-22.  We couldn't move our belongings back to the state until after his green card was approved, but we needed me to be here before our green card was approved.

 

With a professional moving company we didn't have any issues.  I think customs is probably fairly sympathetic to this issue.

[BadCivilServant 10]

9 hours ago, AstroCanada said:

I can only give my experience here.  We were in a similar both.  I (the USC) was living and working in Canada with my spouse.  I moved about 3 months earlier to start a job here and establish domicile.  We shipped all our belongings under my name.  Otherwise, we would have had an annoying Catch-22.  We couldn't move our belongings back to the state until after his green card was approved, but we needed me to be here before our green card was approved.

 

With a professional moving company we didn't have any issues.  I think customs is probably fairly sympathetic to this issue.

A catch-22 is exactly what the immigration process is. 

[Teddy B 17,252]

9 hours ago, BadCivilServant said:

A catch-22 is exactly what the immigration process is. 

Seeing you live so close to the border and have Nexus cards, why don't you stop at secondary inspection on one of your next border crossings and talk to one of the US border cops. You could even ask to speak to a supervisor while there. This may also help you lay the groundwork with those officers and maybe make your move a little easier if you intend on using that border crossing for your move.

 

Also, bring your USCIS paperwork with you to show them that you've started the procedure and are not looking to cut any corners.

Edited March 22, 2017 by Teddy B

[BadCivilServant 10]

4 hours ago, Teddy B said:

Seeing you live so close to the border and have Nexus cards, why don't you stop at secondary inspection on one of your next border crossings and talk to one of the US border cops. You could even ask to speak to a supervisor while there. This may also help you lay the groundwork with those officers and maybe make your move a little easier if you intend on using that border crossing for your move.

 

Also, bring your USCIS paperwork with you to show them that you've started the procedure and are not looking to cut any corners.

We did that once. I reasoned, if you want to know the rules: ask the source. In this case, on one our routine weekly crossings, I asked if we could go into secondary inspection and ask if If could have a B2 stamped in my passport and wait out the process in Niagara Falls, New York. The purpose of this was to establish my USC wife's domicile. I would cross back and forth to work every day at my job in Niagara Falls, Ontario. The officer at the booth took our Nexus cards and sent them up to the secondary by pneumatic tube. We were sent up an elevator into a locked room and held there with the other cattle for an-hour-and-a-half. When we were called in, the officer was downright suspicious. At least at first. He wanted to know where I got this hair-brained idea from. 

 

After some conversation (he became friendlier), he suggested my wife fill out an I-129 and apply for a K3 for me. We'd be in the U.S. inside of a month (uh, yeah...). 

 

After relating this story in past VisaJourney posts, it has been suggested to me that I'm lucky I wasn't banned for doing what I did that day. 

 

All I wanted to do was ask a question!

 

Anyway, I have my Nexus card and I still get practically waved through. Hopefully my "question" that day won't have any ramifications at my visa interview. Whenever that happens.

[Ryan H 3,830]

On 3/22/2017 at 2:13 PM, BadCivilServant said:

Hopefully my "question" that day won't have any ramifications at my visa interview. Whenever that happens.

 

It will not.