Crossing border in a moving truck while IR1 still in process

[HarveyKeck 2]

Hi all, would love to know your input on this situation:

 

I'm a US citizen, my wife and I have been living in Canada.  I am planning to move to the US for a new job; my wife has applied for a green card (IR-1), and that is currently still processing at NVC stage.  I'll need to move without her and we'll be separated until the visa is finished.  

 

Question: I'll be moving my belongings in a UHaul, driving over the border.  My wife is considering driving in the truck with me me (to help me get settled), but then would return to Canada afterwards.  Is this advisable, or should we avoid doing this?  I don't want to mislead a border guard into thinking she is moving with me before her visa is processed.  

 

Thanks for any advice!

[Crazy Cat 41,903]

If you were the CBP officer, what you think?  It is possible for her to have no issues......but it also possible that she will be denied entry or worse.  I just wouldn't cross the border together.....just my opinion. 

[Ontarkie 14,234]

It has worked for others. Just be crystal clear when you arrive at the border. Probably get sent to secondary where you can explain better.

Tell them that you need to move back for work and your wife will return on a certain date. Plane ticket or bus( They did ask how I would be returning, so make that plan now, I took the bus back and had already bought the ticket. Don't know if it helped but they did let me in).  Because she still has to do her medical and interview for her visa. Make it clear where you are in the process if they ask. It helps to show you are doing things the legal way and aren't trying to by pass anything.

 

How close to the border are you? If you get turned around you don't want to be driving 12 hours back to drop your wife off.

Edited July 8, 2022 by Ontarkie

[Dawgydawgworld 20]

16 hours ago, HarveyKeck said:

Hi all, would love to know your input on this situation:

 

I'm a US citizen, my wife and I have been living in Canada.  I am planning to move to the US for a new job; my wife has applied for a green card (IR-1), and that is currently still processing at NVC stage.  I'll need to move without her and we'll be separated until the visa is finished.  

 

Question: I'll be moving my belongings in a UHaul, driving over the border.  My wife is considering driving in the truck with me me (to help me get settled), but then would return to Canada afterwards.  Is this advisable, or should we avoid doing this?  I don't want to mislead a border guard into thinking she is moving with me before her visa is processed.  

 

Thanks for any advice!

Will she be flying back home? If so, having a return ticket for her to show at border would be the best idea. 

[mam521 2,063]

It can be risky.  Echoing others - she'll need to demonstrate strong ties to Canada.  Lease agreement for a property, employment letter, return ticket to get back to Canada.  CBP can still deny her entry if they think she's going to stick around in the States. 

[HarveyKeck 2]

The other option we are considering is for her to fly in separately on a round-trip ticket.  Is this any better, or is the general advice just not to cross the border at all?

[mam521 2,063]

15 minutes ago, HarveyKeck said:

The other option we are considering is for her to fly in separately on a round-trip ticket.  Is this any better, or is the general advice just not to cross the border at all?

Nah, the general advice is the be acutely aware that she could be denied entry at any time (any non-citizen or LPR potentially could) and that she'll need to demonstrate strong ties to indicate intent to return to Canada to finish the immigration process. 

 

Be honest with CBP and you're unlikely to have any issues.  If they ask, them you're re-establishing domicile as required by the immigration process and you'll be waiting for your wife's LPR to be issued.  CBP can be jerks, but they also know the process.  

[ClemsonC 62]

18 hours ago, HarveyKeck said:

Hi all, would love to know your input on this situation:

 

I'm a US citizen, my wife and I have been living in Canada.  I am planning to move to the US for a new job; my wife has applied for a green card (IR-1), and that is currently still processing at NVC stage.  I'll need to move without her and we'll be separated until the visa is finished.  

 

Question: I'll be moving my belongings in a UHaul, driving over the border.  My wife is considering driving in the truck with me me (to help me get settled), but then would return to Canada afterwards.  Is this advisable, or should we avoid doing this?  I don't want to mislead a border guard into thinking she is moving with me before her visa is processed.  

 

Thanks for any advice!

We did this exact same thing in may. We had no problems. We let them know I was waiting for DQ. They asked where I work, and they saw I brought ALL my documents just in case.  I also showed them that the kids and I were flying back home a week and a half later and they asked to see those. 
They said it was good to be prepared!