Moving from Canada during AOS

[Zenchi 18]

My fiance is currently in the states and after 3 months together here, we have decided to cancel our K1 paperwork, get married in September and have him stay in the US. Canada just announced that it will be opening the border to vaccinated travelers after Aug 9th. Of course he can't leave the country but am I able to go across the border to collect some of his belongings? If so, will I need to pay duty on them at all. How should I explain his belongings at the border? I don't want to risk anything with our application or raise any red flags. The items are already packed in boxes with labels of the contents for the border crossing. Thanks!

[Mike E 11,739]

10 minutes ago, Zenchi said:

My fiance is currently in the states and after 3 months together here, we have decided to cancel our K1 paperwork, get married in September and have him stay in the US. Canada just announced that it will be opening the border to vaccinated travelers after Aug 9th. Of course he can't leave the country but am I able to go across the border to collect some of his belongings? If so, will I need to pay duty on them at all. How should I explain his belongings at the border? I don't want to risk anything with our application or raise any red flags. The items are already packed in boxes with labels of the contents for the border crossing. Thanks!

Are you going to marry and file to AOS before or after you return from Canada?

[Zenchi 18]

1 minute ago, Mike E said:

Are you going to marry and file to AOS before or after you return from Canada?

Ideally I would be going to Canada to collect his belonging before we get married. Worst case, I can go after. We're just trying to avoid an exceptionally expensive shipping company.

[Mike E 11,739]

28 minutes ago, Zenchi said:

Ideally I would be going to Canada to collect his belonging before we get married. Worst case, I can go after. We're just trying to avoid an exceptionally expensive shipping company.

Well which sounds best:

 

* This stuff is my fiancé’s who is in the USA after over staying 

 

* This stuff is my fiancé’s who is in USA on his authorized stay 

 

* This stuff is my husband’s who after  his  authorized stay  in the USA expired, applied to adjust status. He is in the USA waiting for his I-130/I-485 through marriage to be adjudicated 

 

* This stuff is my husband’s who before  his authorized stay  in the USA expired, applied to adjust status. He is in the USA waiting for his I-130/I-485 through marriage to be adjudicated 

 

For the first three, I would expect CBP to detain you while it tips off ICE and waits for ICE to decide whether it wants to visit your husband.  CBP might even dissemble and say to you: “we need to talk to your fiance  to confirm this is his stuff, please wait here while we call him” in order to buy time.  
 

For the last one, I don’t expect that scenario to play out.  He had no break in authorized presence and his presence is currently authorized.  
 

For the last two, because this is used property conveyed to you by a family member, my experience is CBP won’t care.  Enumerate it. Assign a value to it. And CBP will just wave you through most likely.

 

Get married now.  File AOS now.  Don’t come into CBP’s cross hairs until AOS is filed, with proof of receipt by USCIS.   
 

It’s just stuff.  His liberty however is more important.  I would crawl on broken glass to keep my wife away from ICE.  

Edited July 19, 2021 by Mike E

[Ontarkie 14,223]

They will not let his stuff through the border until he has legal status.