Changing intended length of stay once across the border?

[XPeter3994 0]

Hi all,

 

After doing some research, my fiance (Canadian Citizen) and I (US Citizen) have decided that we will be applying for a CR-1 Visa.  Our plan is to get married in Canada, and then fly back to the USA and send in the paperwork for the CR-1 while she is here, which from what I've read on the forum is legal.  Our original plans were for her to stay in the US for ~10 weeks during the summer and then return to Canada in the fall while we wait for the CR-1 to be processed.  My concern is, though, that CBP will not allow her to stay for that extended duration and she will get turned away at the border even while carrying proof of intent to return (Bank statements, tax returns, return ticket).  So my question is:

 

Is it legal to book a round-trip flight for lets say a week (Which will presumably arouse a lot less suspicion) and then cancel her return flight while booking another return flight for ~10 weeks later? My understanding is that Canadians can legally stay in the US for 182 out of every 365 days, but I'm wondering if significantly changing the length of your intended stay once in the US is legal.  Thanks for any advice!

 

[Transborderwife 4,666]

lying to cbp isn't a good idea.

[Penguin_ie 5,994]

10 weeks is not that long, I'd go with the original plan

[kynight 1]

13 minutes ago, XPeter3994 said:

Hi all,

 

After doing some research, my fiance (Canadian Citizen) and I (US Citizen) have decided that we will be applying for a CR-1 Visa.  Our plan is to get married in Canada, and then fly back to the USA and send in the paperwork for the CR-1 while she is here, which from what I've read on the forum is legal.  Our original plans were for her to stay in the US for ~10 weeks during the summer and then return to Canada in the fall while we wait for the CR-1 to be processed.  My concern is, though, that CBP will not allow her to stay for that extended duration and she will get turned away at the border even while carrying proof of intent to return (Bank statements, tax returns, return ticket).  So my question is:

 

Is it legal to book a round-trip flight for lets say a week (Which will presumably arouse a lot less suspicion) and then cancel her return flight while booking another return flight for ~10 weeks later? My understanding is that Canadians can legally stay in the US for 182 out of every 365 days, but I'm wondering if significantly changing the length of your intended stay once in the US is legal.  Thanks for any advice!

 

I also married a Canadian and faced the same dilemma. It's easier in my opinion to marry in the US (less paperwork at least). I married in the US. I don't suggest changing your intended length of stay. Border Patrol doesn't like to be lied to and they copy every thing that was told to them, it may work against you once she has her visa to come to live. Why not have her visit you in US, then get married, then once the marriage certificate arrives in the mail you have proof that you're married and can file for spouse visa. 

 

Or.... marry in Canada. Then file the i130 petition. Then you guys can at least tell the Border Patrol that you have a petition pending. Preferably you should wait until you have mail from USCIS to show them as proof. But my first suggestion is much more realistic. And also never, ever ever get an aggressive attitude with a border patrol officer. If they say no, it means no. But at least u have next time. 

 

She also shouldn't pack too many belongings or they may think she's planning to stay. 

Edited May 3, 2017 by kynight

[Georgia16 2,858]

Lying is what will get you in trouble. 

 

Just be honest.

[XPeter3994 0]

10 minutes ago, kynight said:

I also married a Canadian and faced the same dilemma. It's easier in my opinion to marry in the US (less paperwork at least). I married in the US. I don't suggest changing your intended length of stay. Border Patrol doesn't like to be lied to and they copy every thing that was told to them, it may work against you once she has her visa to come to live. Why not have her visit you in US, then get married, then once the marriage certificate arrives in the mail you have proof that you're married and can file for spouse visa. 

 

Or.... marry in Canada. Then file the i130 petition. Then you guys can at least tell the Border Patrol that you have a petition pending. Preferably you should wait until you have mail from USCIS to show them as proof. But my first suggestion is much more realistic. And also never, ever ever get an aggressive attitude with a border patrol officer. If they say no, it means no. But at least u have next time. 

 

She also shouldn't pack too many belongings or they may think she's planning to stay. 

 

Gotcha, so based on what you and everyone else has said I'll be up front about her intention of staying 10 weeks.  I'm curious though, why do you say it's significantly easier to get married in the US versus Canada? If I marry in Canada and get a marriage certificate from the state, what difference does it make? 

[kynight 1]

15 minutes ago, XPeter3994 said:

 

Gotcha, so based on what you and everyone else has said I'll be up front about her intention of staying 10 weeks.  I'm curious though, why do you say it's significantly easier to get married in the US versus Canada? If I marry in Canada and get a marriage certificate from the state, what difference does it make? 

Well in British Columbia, or at least Surrey, they require your birth certificate (which her mom had locked up at the time) and a big fee. But in Bellingham, WA (and most US towns) they only ask for your ID/driver's license - you pay a small fee, sign the paper and it's done. Then you get married by an ordained person in the area possibly on the same day, maybe even a clerk in the same building if there are 2 witnesses. So it doesn't have to be a spectacle that takes days. But I personally wouldn't tell the Border that you guys are getting married during the 10 weeks. I did but I was lucky and ignorant at the time. It doesn't really matter which state, even though I live in NC my marriage was in WA, still recognized nationwide.

[XPeter3994 0]

17 minutes ago, kynight said:

Well in British Columbia, or at least Surrey, they require your birth certificate (which her mom had locked up at the time) and a big fee. But in Bellingham, WA (and most US towns) they only ask for your ID/driver's license - you pay a small fee, sign the paper and it's done. Then you get married by an ordained person in the area possibly on the same day, maybe even a clerk in the same building if there are 2 witnesses. So it doesn't have to be a spectacle that takes days. But I personally wouldn't tell the Border that you guys are getting married during the 10 weeks. I did but I was lucky and ignorant at the time. It doesn't really matter which state, even though I live in NC my marriage was in WA, still recognized nationwide.

Gotcha.  For us to get married in Canada it'll be $300 -- not as cheap as the ~$50 it would cost in my county, but it'll be more convenient for her to get married up there so I don't mind spending the extra cash as long as the visa process remains pretty much the same.  Thanks for your advice!

[kynight 1]

21 minutes ago, XPeter3994 said:

Gotcha.  For us to get married in Canada it'll be $300 -- not as cheap as the ~$50 it would cost in my county, but it'll be more convenient for her to get married up there so I don't mind spending the extra cash as long as the visa process remains pretty much the same.  Thanks for your advice!

Either way should work, maybe Canada is quicker at sending the marriage license. Further, I don't recommend extending the tourist visa, like from 10 weeks to 15 weeks. A border patrol agent at newark airport says that would work against who does that, plus they don't process those "requests" until weeks after u file them online. Canadian border patrol can be just as tough as well. I don't think they like Americans, especially ones marrying their women crossing back and forth as they please. Don't have any flowers or produce in your car, especially if you're not white. They probably will search it if they think your visit seems fishy. Scratch any controversial bumper stickers off your car beforehand, especially if you're conservative.

[NikLR 13,227]

As per marriage certificate, it depends on the province.  In BC you get a marriage certificate automatically but in Alberta you have to order one specifically.  

Bank statments and a tax returns do nothing to prove she intends to return to Canada.  Bills, leases, mortgage and insurance statements, school enrollment, letters from employers, are things that provide evidence towards a return.  Bank records at most would show she can support herself.  If she can't then they're not going to help.  

Edited May 3, 2017 by NikLR