Unsure of what proof I can provide for intent of return to US while visiting Canadian Husband

[CraneHaven 1]

Hey everyone!

I just got married last weekend (hurray!) to my Canadian husband. We are able to drive to see eachother (we both live close to the border) and he came over via car. We got married in the US, and the border officer told him on the way here that now that we are married.. it will be a bit more difficult to cross because we will be needing to have proof of intention of returning. For my husband, that's easy because he can show his apartment lease and job schedule.

The issue is for when I visit him, because I still live at home with my parents AND I also have a work-from-home job. I am unsure of what I can provide to the border officers as proof that I DO want to return to the US after a week or 2 of visiting every month or so. I have a paid off car, and a couple bank accounts but i'm not sure if that is sufficient.

We plan to apply for the I-30 spousal visa, so I wonder if that will count as proof as well. I also have seen some stuff about needing a visitor visa (b-1/b-2) but I don't quite understand if we would need that or not since we don't plan to stay more than a couple weeks at a time during visits ( we are aware of the 6 month max thing).

Does anyone have any advice for what I can show as proof for intent of return for US?

[pushbrk 12,870]

16 minutes ago, CraneHaven said:

Hey everyone!

I just got married last weekend (hurray!) to my Canadian husband. We are able to drive to see eachother (we both live close to the border) and he came over via car. We got married in the US, and the border officer told him on the way here that now that we are married.. it will be a bit more difficult to cross because we will be needing to have proof of intention of returning. For my husband, that's easy because he can show his apartment lease and job schedule.

The issue is for when I visit him, because I still live at home with my parents AND I also have a work-from-home job. I am unsure of what I can provide to the border officers as proof that I DO want to return to the US after a week or 2 of visiting every month or so. I have a paid off car, and a couple bank accounts but i'm not sure if that is sufficient.

We plan to apply for the I-30 spousal visa, so I wonder if that will count as proof as well. I also have seen some stuff about needing a visitor visa (b-1/b-2) but I don't quite understand if we would need that or not since we don't plan to stay more than a couple weeks at a time during visits ( we are aware of the 6 month max thing).

Does anyone have any advice for what I can show as proof for intent of return for US?

It was a US Customs and Border Patrol officer that told you that.  YOU will be visiting Canada.  Don't expect a problem doing that.

 

Both of you can avoid problems by using a different, more generic, but TRUTHFUL answer to "What is the purpose of your visit?"  Visiting your spouse may be the primary purpose, but not your only itinerary item.  When I lived near the Canadian border, many people came across from Canada almost every day, "to play golf" or even just to "buy gasoline".  I crossed to shop, or for entertainment, as Vancouver was the nearest big city, half as far as Seattle.

 

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to the Canada regional forum -- topic is about potential requirements for the US citizen crossing to Canada ***

 

[Kai G. Llewellyn 832]

My experience is that the CBSA is a lot more laid back than the US when it comes to matters such as this, and the key reason is that visitors to Canada can have dual-intent. That is they can both intend to visit, but also intend to immigrate by submitting an application for permanent residency in Canada, also known as an inland application. Further to this, they also permit visitors to work for their foreign employers while in Canada so long as they don't have Canadian clients or have a role that could be performed by a Canadian resident.

 

The only thing you'd have to demonstrate is that you are not trying to be a de-facto resident without going through the required immigration process. Generally when you're only doing short stays, or rather spending less than 50% of your time in Canada, the CBSA aren't too fussed. They'll also want to be sure you aren't trying to work for a Canadian employer in Canada without a work permit, this is where remote work acts in your favor as you'd have no need to impact the Canadian job market. See here:

 

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html:

"What is not considered 'work' in Canada"

• long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;

I'd also advise you looking into multi-trip travel insurance, the CBSA may ask for evidence of travel insurance to avoid you burdening the healthcare system and running away from a hospital bill.

 

But generally, I don't envisage any problems. Set out clear plans, be truthful and have safe travels!

[KeiKei 0]

On 5/16/2023 at 7:27 PM, CraneHaven said:

Hey everyone!

I just got married last weekend (hurray!) to my Canadian husband. We are able to drive to see eachother (we both live close to the border) and he came over via car. We got married in the US, and the border officer told him on the way here that now that we are married.. it will be a bit more difficult to cross because we will be needing to have proof of intention of returning. For my husband, that's easy because he can show his apartment lease and job schedule.

The issue is for when I visit him, because I still live at home with my parents AND I also have a work-from-home job. I am unsure of what I can provide to the border officers as proof that I DO want to return to the US after a week or 2 of visiting every month or so. I have a paid off car, and a couple bank accounts but i'm not sure if that is sufficient.

We plan to apply for the I-30 spousal visa, so I wonder if that will count as proof as well. I also have seen some stuff about needing a visitor visa (b-1/b-2) but I don't quite understand if we would need that or not since we don't plan to stay more than a couple weeks at a time during visits ( we are aware of the 6 month max thing).

Does anyone have any advice for what I can show as proof for intent of return for US?

Hi! 

 

I relate to your dilemma as my Fiance is a US citizen and I’m Canadian. We want to get married soon and file for the CR1 but just curious what your husband told the US border agent when he crossed the border to get married in the US? I am planning to do the same but scared that I might get denied at the border with marrying intent and just using my Canadian passport to enter although I will come back to Canada after getting married and then we start the CR1 process. 

[CraneHaven 1]

On 6/4/2023 at 11:43 AM, KeiKei said:

Hi! 

 

I relate to your dilemma as my Fiance is a US citizen and I’m Canadian. We want to get married soon and file for the CR1 but just curious what your husband told the US border agent when he crossed the border to get married in the US? I am planning to do the same but scared that I might get denied at the border with marrying intent and just using my Canadian passport to enter although I will come back to Canada after getting married and then we start the CR1 process. 

Hi Kei! So where I live, I had to apply for us to get a marriage license at a minimum of 3 days before the wedding. When my husband was crossing the border for the weekend for the ceremony, he did not mention that he was going to get married. But the officer was really pushing like "ARE YOU SURRREEEE youre not doing anything else this weekend...?" and he sheepishly finally said "Im also getting married". They pulled him inside just to explain to him that crossing in the future may be a little more difficult. Not because he didn't willingly tell them he was planning on getting married (although they did scold him a little), but because of the whole intent of return thing.

The border people feel like "big brother" lol. They are all knowingly. Don't lie to them. As long as you arent planning on coming over, getting married, and staying for like.. 3 weeks or months then I think they will be fine with you crossing with intent of marriage. My husband jsut said he was staying the weekend and that wasn't an issue. I'm thinking that they knew we were going to get married very soon because of the license I applied for us. I was shocked they knew though still. If you don't have to apply for a license, I still recommend just telling the truth... it's not illegal to get married as long as you intend to return, but you really don't wanna look fishy hiding things.

Edited June 6, 2023 by CraneHaven
I said "he" instead of "you" context.