I130 affect on B1/B2/I94

[Mike E 11,741]

25 minutes ago, mugatu300 said:

Could you please elaborate further a bit please? I dont really understand

Once a CBP officer decides she is not entering the U.S., how that happens falls on a spectrum and also depends on whether she is traveling from a Canadian pre clearance airport.

 

The worst would be expedited removal. This means she is inside the U.S.  at a port of entry. Meaning she entered the U.S. by land, or flew from Canada from a non pre clearance airport such as  Regina or Billy Bishop aka Toronto Island . Expedited removal is deportation without immigration court proceedings. Any deportation carries with it a 5 year ban.

 

Second worst would be cancelation of her B visa. This can happen at any type of port.

 

Third worst is an invitation withdraw her application to enter. If she agrees, no ban. She might even get to keep her visa. If she disagrees, it is all but certain she is getting a ban. This can happen at any type of port.

Edited July 28, 2023 by Mike E

[carmel34 3,646]

1 hour ago, mugatu300 said:

Now as a US citizen myself, do the same rules apply to me in terms of visiting Canada? And by that I mean, only infrequent visits and not spending too much time there?

Canada Border Services Agency (CBSA) has similar rules as the US, you can visit Canada for up to six months if admitted with your US passport, no need for a visa.  However, if you visit too often and/or stay for many months on each visit, the officers have discretion to refuse entry.  Visiting Canada on a US passport is not for living in Canada.  In theory, you could visit your wife for 5 months in Canada, spend a month apart, then she could visit you in the US for 5 months, go back, then a month later you visit her again for 5 months, etc.  Under this hypothetical example you would both be spending more time (7 months) in your home country than the visits to see each other (5 months).  However, each entry, to Canada for you or to the US for your wife, is up to the officer and their opinion regarding the data on your border crossings they will bring up when they scan your passport.  Back in the day, Canadian officers were more lenient in making these judgments than their counterparts in the US, however, since 9/11, those on the Canadian side have tightened things up significantly and sometimes are very strict.  Good luck with your journey!

Edited July 28, 2023 by carmel34

[mugatu300 8]

21 minutes ago, carmel34 said:

Canada Border Services Agency (CBSA) has similar rules as the US, you can visit Canada for up to six months if admitted with your US passport, no need for a visa.  However, if you visit too often and/or stay for many months on each visit, the officers have discretion to refuse entry.  Visiting Canada on a US passport is not for living in Canada.  In theory, you could visit your wife for 5 months in Canada, spend a month apart, then she could visit you in the US for 5 months, go back, then a month later you visit her again for 5 months, etc.  Under this hypothetical example you would both be spending more time (7 months) in your home country than the visits to see each other (5 months).  However, each entry, to Canada for you or to the US for your wife, is up to the officer and their opinion regarding the data on your border crossings they will bring up when they scan your passport.  Back in the day, Canadian officers were more lenient in making these judgments than their counterparts in the US, however, since 9/11, those on the Canadian side have tightened things up significantly and sometimes are very strict.  Good luck with your journey!

Understood. Now if my wife is pregnant and we live in border cities (30-45 mins away from each other on opposite sites of the border), how would you best recommend we visit each other? We cannot visit each other for huge blocks of time (i.e. 5 months at a time or even 1 month at a time) since we are both required to work in office several days per week in our home countries.

 

If I visit her everyday after work and then return to my home in US to sleep later that night, will that be OK since I'm not spending the night? Or is that still considered excessive? Same for the reverse scenario as well, if she comes and visits me everyday after work and then returns home later that night? Although I'm not going to be asking a pregnant woman to drive to see me everyday lol. The first scenario much more likely, if permissible.

 

The pregnancy scenario is what I'm worried about. Obviously want to be together as much as possible, or is allowed by the law, so that I can provide that emotional support for her. Any advice about how we may be able to tackle that would be greatly appreciated. Thank you!

[Crazy Cat 41,985]

I hope you find a comfortable balance.

Edited July 28, 2023 by Crazy Cat

[Mike E 11,741]

23 minutes ago, mugatu300 said:

If I visit her everyday after work and then return to my home in US to sleep later that night, will that be OK since I'm not spending the night?

Subject to CBSA approval.

 

Perhaps you should rent a house that straddles the border. This way you can live with her. You just have to take care to leave the house from the U.S. side, she has to take care to leave the house from the Canada side. 
 

Edit: oh this is a repost
 

 

Edited July 28, 2023 by Mike E

[mugatu300 8]

1 hour ago, Crazy Cat said:

I hope you find a comfortable balance.

Thank you! Exciting time for us!

1 hour ago, Mike E said:

Subject to CBSA approval.

 

Perhaps you should rent a house that straddles the border. This way you can live with her. You just have to take care to leave the house from the U.S. side, she has to take care to leave the house from the Canada side. 
 

Edit: oh this is a repost
 

 

Not sure I understand but thank you for for your insight!

[Mike E 11,741]

3 minutes ago, mugatu300 said:

Thank you! Exciting time for us!

Not sure I understand but thank you for for your insight!

1. There are house that were built before the current border between Canada and the U.S. were built.

 

2. Some houses happened to have been built on the border. This means the border literally runs through the house  itself.

 

3. The U.S. and Canada continues to allow these homes to be occupied. So if you own or rent one, you are free to enter Canada or U.S. as you move from the bedroom to kitchen or living room. You can even cross the border and back while mowing the lawn.

 

What you cannot do is enter the house from the American  side of the border and leave or from the Canadian side, or vice versa. Instead you would enter from the U.S. side, leave from the U.S. side, drive to a CBSA port of entry, and enter Canada that way. 

[Bethany123 56]

Canadian here. I visited my husband several times while my i130 was pending. I'd visit for 1 or 2 weeks at a time and brought my NOA's to show that I was following the proper process. I also had a letter from my employer stating I would be returning to work, but I never had to show it.

[mugatu300 8]

34 minutes ago, Mike E said:

1. There are house that were built before the current border between Canada and the U.S. were built.

 

2. Some houses happened to have been built on the border. This means the border literally runs through the house  itself.

 

3. The U.S. and Canada continues to allow these homes to be occupied. So if you own or rent one, you are free to enter Canada or U.S. as you move from the bedroom to kitchen or living room. You can even cross the border and back while mowing the lawn.

 

What you cannot do is enter the house from the American  side of the border and leave or from the Canadian side, or vice versa. Instead you would enter from the U.S. side, leave from the U.S. side, drive to a CBSA port of entry, and enter Canada that way. 

Did not know that but sounds like quite an interesting situation to be living in. Unfortunately there's a river separating us so we can do that lol!

[mugatu300 8]

3 minutes ago, Bethany123 said:

Canadian here. I visited my husband several times while my i130 was pending. I'd visit for 1 or 2 weeks at a time and brought my NOA's to show that I was following the proper process. I also had a letter from my employer stating I would be returning to work, but I never had to show it.

Do you have an estimate in percentages of how long you spent in the US while the i130 was pending? My wife has probably spent 35-40% of her days here the past year but <10% prior to this past year. We married 2 months ago but have not filed anything yet. We definitely need to decrease her visits here tho going forward so that she isnt jeopardizing her B1/B2. 

[mam521 2,113]

43 minutes ago, mugatu300 said:

Do you have an estimate in percentages of how long you spent in the US while the i130 was pending? My wife has probably spent 35-40% of her days here the past year but <10% prior to this past year. We married 2 months ago but have not filed anything yet. We definitely need to decrease her visits here tho going forward so that she isnt jeopardizing her B1/B2. 

Have you considered Canadian PR so you can stay with her and drive to the US for work?  The US I-130 process takes more time than Canadian PR takes.  It sounds like being together is important to you, so this might be the better way to manage things.  Additionally, the baby will be born in Canada and get Canadian citizenship.  You'll still have to file a CRBA to get the baby's US citizenship before you can move baby to the US. Lots of moving parts, so I'd give it a think.  

[mugatu300 8]

33 minutes ago, mam521 said:

Have you considered Canadian PR so you can stay with her and drive to the US for work?  The US I-130 process takes more time than Canadian PR takes.  It sounds like being together is important to you, so this might be the better way to manage things.  Additionally, the baby will be born in Canada and get Canadian citizenship.  You'll still have to file a CRBA to get the baby's US citizenship before you can move baby to the US. Lots of moving parts, so I'd give it a think.  

We actually did think about that. Looks like processing times are around 14 months based on Canada's website. Can I apply for Canadian PR and apply for her I130 at the same time or will that complicate things? 

[mam521 2,113]

8 minutes ago, mugatu300 said:

We actually did think about that. Looks like processing times are around 14 months based on Canada's website. Can I apply for Canadian PR and apply for her I130 at the same time or will that complicate things? 

No reason you can't.  You are the petitioner for her, the beneficiary, to come to the US; she'd be the petitioner for you, the beneficiary, to come to Canada.  Different people doing different things.  The premise of either application is that you'll live in the sponsor's country.  You will live in Canada if (more likely when) Canadian PR is granted for a little while.  It could potentially afford you guys as a little family of 3 to make some more premeditated decisions about the move to the US.  Maybe you guys will change your plans a bit and stay in Canada long enough for your wife to gain citizenship and then move to the US.  You can always pause that I-130 for a bit after it's approved.  It's just another avenue open to you.  

 

I think 14mo for Canadian PR is a bit pessimistic - hopefully you'd be in the top 20% that go through the process faster.  If you were actually willing to work in Canada, there is an Express Entry option for skilled workers.  6mo for PR.  

 

That said, the I-130's in the US are taking a year or more for approval. Then there's the DS-260 to contend with and a medical and an interview.  You're looking at 18mo at a minimum and that will also depend on things like a CRC and any documentation required from your wife's home country.  I'd imagine she has most of those ducks in a row to have obtained Canadian PR, but you never know.  USCIS and the DoS can be fickle.  

[Chancy 6,243]

21 hours ago, mugatu300 said:

she needs to return to Canada to work in-office a few days per week.

 

Remember that your wife is not allowed to work, not even remotely, in the US while on B1/B2.  If CBP finds out she works while on B visa, that's an easy way to expedited removal and possibly a ban for misrepresentation.

 

[SalishSea 17,980]

22 hours ago, mugatu300 said:

 

 

Sort of related question to my initial question and @Crazy Cat sort of touched on it, but is there a max # of days per year you can spend in the US on a B1/B2 visa? For instance, if my wife visits me for lets say 3-4 days every week for the 1-2 years while we wait out the green card process, is that OK? She will never spend month long visits since she needs to return to Canada to work in-office a few days per week. 

3-4 days per WEEK?   IMO, that’s pushing it.   CBP doesn’t like it when people abuse their B visa privileges by using them to LIVE in the US.

 

What job does she have that would allow that chunk of time off every week?   Hopefully you both understand that she cannot work remotely on a B visa.