13 Mo absence and Getting the Vax-help!

[tennisboy19 6]

I am a US Citizen; my wife is Canadian (2 y/o born in US) on a US PR card she got 6 yrs ago (shame on us for not applying for citizenship before leaving for Canada due to Covid!). We left bc of Covid 13 mo ago and are returning via the land border later this week for 24 hours to get the vaccine.

 

We know there may be issues as we cross the border but we will have documentation in our phone ready to show that we had no intention of abandoning the US (we've lived with her parents the whole time) and want to return once it is safe to do so (when we can secure child care or a nanny). We also will have to go back in 3-4 wks for a second shot. We also may have to go to the US for a few days in Jul for a family occasion (via air). We will return to Canada until maybe later in the year when we can secure Child Care for our baby. [I know there is a chance they will parole her in and make her go before a judge; we cannot wait in the US for that trial though and will have to back to Canada before the trial and hopefully make it back for the trial, IF it comes to do that.]

 

Does it make sense to apply for the I-131 during our 24 hour stay and then return to the US for biometrics when needed? Just to make sure she can keep her PR.

 

Or is it worth "risking" it and going back and forth the 2-3 times we need to and then dealing with it in Canada via an SB-1 or something similar? any guidance or help will be most appreciated, thank you!

[canadian_wife 1,822]

Where do you intend to live?  Based on this post it appears you intend to live in Canada, is that correct?

 

Good luck

[tennisboy19 6]

No. We may need to stay in Canada another year or so bc of our baby, etc. but for now we intend to live in the US, even if that is in late 2022.

[HRQX 4,145]

14 minutes ago, tennisboy19 said:

Does it make sense to apply for the I-131 during our 24 hour stay and then return to the US for biometrics when needed?

That short stay is not enough time to file the form. The form must be sent to a specific Lockbox and is considered filed on the day it arrives at that Lockbox. See 8 CFR § 103.2(a)(7)(i).

[tennisboy19 6]

Ah okay. (how would they know?)

 

But OK--any advice you'd give us? Basically if we go back for a week or so then we should apply then? (maybe if we go back for a week in July)

[Crazy Cat 41,884]

3 hours ago, tennisboy19 said:

No. We may need to stay in Canada another year or so bc of our baby, etc. but for now we intend to live in the US, even if that is in late 2022.

I think a very strong argument could be made that your wife has already abandoned her US residence.  She has already been outside the US for more than a year, and you are planning only short visits back to the US.  You are living in Canada, it seems to me.  Good luck.

Late 2022?  

Edited April 12, 2021 by Lucky Cat

[tennisboy19 6]

(I realize the worst case scenario is we get a court date, and can go back and forth til the date....OR we can't make the court date and will relinquish her PR until we're back in the US and she applies again)

[Lil bear 4,217]

Just now, tennisboy19 said:

Ah okay. (how would they know?)

 

But OK--any advice you'd give us? Basically if we go back for a week or so then we should apply then? (maybe if we go back for a week in July)

The I 131 applicant should not leave the US until biometrics have been done .. or notified that previous biometrics have been applied. Her entry will certainly be at the discretion of the CBP officer at entry. Others experiences may no be of any help as there are so many things that can affect the decision on the day. Coming back to get the vaccine may be seen as a contradiction of your statement that you couldn’t get back ... bottom line is you chose not to come back .. I’m certainly no unsympathetic yo your reasons and it was not an easy decision I’m sure ... but you could have returned and lived here through the hardships of 2020 as many others have 

[Crazy Cat 41,884]

Just now, tennisboy19 said:

OR we can't make the court date and will relinquish her PR until we're back in the US and she applies again)

That sounds like visa fraud......she can not enter the US as a visitor with the intent to stay and adjust status.

[tennisboy19 6]

1 minute ago, Lucky Cat said:

I think a very strong argument could be made that your wife has already abandoned her US residence.  She has already been outside the US for more than a year, and you are planning short visits back to the US.  You are living in Canada, it seems to me.  Good luck.

Late 2022?  

Let's hope not. We could also move back later this year. The issue is COVID and we left with no intention to stay --and have proof of our stuff being in storage in the US and owning property, and having all accounts in the US. We own no car, no bank acct, and arent even renting in Canada - staying with family. We are trying to work out daycare. I think we have a strong case to be let in, even a few times. (We are entering also for an essential medical reason)

Just now, Lucky Cat said:

That sounds like visa fraud......she can not enter the US as a visitor with the intent to stay and adjust status.

that's not what we want to do. Entering the US as a PR, and paroled in if necessary, and like the post above we will just not apply for i-131.

[Crazy Cat 41,884]

1 minute ago, tennisboy19 said:

Let's hope not. We could also move back later this year. The issue is COVID and we left with no intention to stay --and have proof of our stuff being in storage in the US and owning property, and having all accounts in the US. We own no car, no bank acct, and arent even renting in Canada - staying with family. We are trying to work out daycare. I think we have a strong case to be let in, even a few times. (We are entering also for an essential medical reason)

Yet, your wife has remained outside the US for more than a year......

[tennisboy19 6]

2 minutes ago, Lil bear said:

The I 131 applicant should not leave the US until biometrics have been done .. or notified that previous biometrics have been applied. Her entry will certainly be at the discretion of the CBP officer at entry. Others experiences may no be of any help as there are so many things that can affect the decision on the day. Coming back to get the vaccine may be seen as a contradiction of your statement that you couldn’t get back ... bottom line is you chose not to come back .. I’m certainly no unsympathetic yo your reasons and it was not an easy decision I’m sure ... but you could have returned and lived here through the hardships of 2020 as many others have 

LOL. OK but childcare, i think, is a very legit reason. Also vaccine is for one day - not permanently, so it's apples and oranges.

1 minute ago, Lucky Cat said:

Yet, your wife has remained outside the US for more than a year......

I understand , but I also understand it's at the discretion of the officer.

[HRQX 4,145]

1 minute ago, Lil bear said:

The I 131 applicant should not leave the US until biometrics have been done

Actually, she can leave the US after filing and return for biometrics appointment. See 8 CFR § 223.2(b)(1). Also note that biometrics appointments for Reentry permit have recently been very low priority for USCIS:

 

[tennisboy19 6]

4 minutes ago, HRQX said:

Actually, she can leave the US after filing and return for biometrics appointment. See 8 CFR § 223.2(b)(1). Also note that biometrics appointments for Reentry permit have recently been very low priority for USCIS:

 

But filing meaning received in the Lock Box...assuming her PR status is in tact then given discretion of officers

[JFH 12,190]

20 minutes ago, tennisboy19 said:

We are trying to work out daycare. I think we have a strong case to be let in, even a few times. (We are entering also for an essential medical reason)

 

I don’t understand what daycare has to

do with anything? If you live in the US why aren’t you looking for daycare in the US? There are plenty of daycare providers. Why would that cause you to be out of the country for over a year? Thousands of women have babies here every year but don’t go to another country for day care. 
 

Essential medical reason? No COVID shots in Canada?