Applied for CR-1, visiting USA but wanting to extend trip

[edmc 3]

Hi all,

Apologies if this is the wrong category for this question but I'm married to a Canadian and we applied for the CR-1 on August 2024. Since then, he's come to visit and has been here since November 2024 (132 days ago today).

 

He was supposed to go home in January but decided to extend his trip until April since he's allowed to be here for 182 days. As for finances, he freelances when he's home in Canada (not doing work in USA don't worry :-) he has savings and I make enough to support us both).

 

We would like for him to stay until May since that's the final 6 months that's allowed. My question is, will this impact our CR-1 application if he stays for this long? As per the new executive order, we did register here: https://www.uscis.gov/alienregistration but since he's Canadian he's supposedly exempt from fingerprinting but at least has to make an account and register.

 

Thanks for any advice!   

[OldUser 8,538]

Did he file for an extension?

If yes, it's a bad idea. Even worse if he didn't apply for extension.

 

Does he just went to stay indefinitely?

I'd rather have him adjust status than stay longer without status.

Edited Tuesday at 02:14 PM by OldUser

[edmc 3]

1 hour ago, OldUser said:

Did he file for an extension?

If yes, it's a bad idea. Even worse if he didn't apply for extension.

 

Does he just went to stay indefinitely?

I'd rather have him adjust status than stay longer without status.

 

To my understanding, an extension is not needed since Canadians are allowed to stay for 6 months upon entry: https://ca.usembassy.gov/canadians-requiring-visas/

 

Quote

Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service . As with all foreign visitors, Canadians are reminded that U.S. law requires entrants to qualify for the desired stay and purpose of travel at the time of their initial entry. A visitor who intends to live, work, or study in the U.S. and who does not disclose this information to the Consular or CBP officer beforehand may be permanently barred from the United States. For general information about immigration to or residency in the United States, please consult Travel.State.Gov .

 

[Crazy Cat 42,999]

1 hour ago, edmc said:

since he's allowed to be here for 182 days

182 days?  Are you sure it isn't 180 days?

[mam521 2,376]

Couple of things.  The calculated time is on a rolling calendar.  So, has he visited in the last year, prior to this visit?  If so, how many days in that 365?  He may be over the limit.  

 

Another thing is his provincial social benefits like health care are dependent on him being physically present in the province. YMMV, depending on province. 

 

What ties to Canada does he have?  Rent/Mortgage?  Car?  Insurance? 

 

What does his I-94 say as an admit until date? 

 

1 hour ago, OldUser said:

Does he just went to stay indefinitely?

I'd rather have him adjust status than stay longer without status.

 

Pending I-130 through consular.  AOS likely to be denied because he entered on visitor status with future immigrant intent already established by the August filing.  I would bail out and go home with this administration.  You don't want any flags of any kind or potential reasons for future denial. 

[OldUser 8,538]

52 minutes ago, mam521 said:

Couple of things.  The calculated time is on a rolling calendar.  So, has he visited in the last year, prior to this visit?  If so, how many days in that 365?  He may be over the limit.  

 

Another thing is his provincial social benefits like health care are dependent on him being physically present in the province. YMMV, depending on province. 

 

What ties to Canada does he have?  Rent/Mortgage?  Car?  Insurance? 

 

What does his I-94 say as an admit until date? 

 

 

Pending I-130 through consular.  AOS likely to be denied because he entered on visitor status with future immigrant intent already established by the August filing.  I would bail out and go home with this administration.  You don't want any flags of any kind or potential reasons for future denial. 

On one hand I agree with you about consular processing being a safer choice. On the other hand, it's not unusual for folks in this situation to leave the US after 6 months visit, spend a month overseas, and plan another 3-4 months trip to the US because they "cannot stay apart and I-130 is taking forever."

 

If OP really just wants to stay, I think it's worth taking the risk and adjusting. Immigrant intent becomes less relevant after 60+ days after entry.

 

I myself adjusted from nonimmigrant visa to GC under Trump v1 administration. Of course, things may be a bit different now.

 

I still believe if OP didn't have plan of staying, they can adjust.

 

Of course, consular processing is prefereble, as long as OP doesn't seek another admission as a tourist shortly after departing the US.

 

 

Edited Tuesday at 04:58 PM by OldUser

[edmc 3]

Thanks everyone for the replies, it's been insightful 🥲 he will return home and we'll chill out with the visits. 

[edmc 3]

2 minutes ago, OldUser said:

On one hand I agree with you about consular processing being a safer choice. On the other hand, it's not unusual for folks in this situation to leave the US after 6 months visit, spend a month overseas, and plan another 3-4 months trip to the US because they "cannot stay apart and I-130 is taking forever."

 

If OP really just wants to stay, I think it's worth taking the risk and adjusting. Immigrant intent becomes less relevant after 60+ days after entry.

 

I myself adjusted from nonimmigrant visa to GC under Trump v1 administration. Of course, things may be a bit different now.

 

I still believe if OP didn't have plan of staying, they can adjust.

 

Of course, consular processing is prefereble, as long as OP doesn't seek another admission as a tourist shortly after departing the US.

 

 

 

He 100% intended on going home but things happened and he ended up staying a month longer after 3 months. While adjusting sounds tempting, I'm way too much of a straight arrow and nervous nelly to go through that process. However, I will look into it. Thanks again for the advice!

[mam521 2,376]

45 minutes ago, edmc said:

 

He 100% intended on going home but things happened and he ended up staying a month longer after 3 months. While adjusting sounds tempting, I'm way too much of a straight arrow and nervous nelly to go through that process. However, I will look into it. Thanks again for the advice!

By doing Consular, he enters with greencard in hand, no adjustment, potentially no removal of conditions, just keep calm, carry on and as long as your marriage is strong, he can apply for citizenship after 3 years.  If you're married 2 years plus a day or longer when he crosses the border, he will get a 10 year greencard.  Consular has a certain level of "cleanliness" associated with it when it comes to packing up, moving and starting life.  

 

Adjusting means he can't travel back and forth to Canada unless he has advanced parole, which is a real crapshoot much of the time, but is really questionable with this administration. He can't work until he has work authorization.  The process will ultimately cost a lot more because of all of the steps and if you spend any time on here, many people are stuck in removal of conditions proceedings for forever.  Many apply for citizenship and request a combo interview because it takes so long.  

 

1 hour ago, OldUser said:

On the other hand, it's not unusual for folks in this situation to leave the US after 6 months visit, spend a month overseas, and plan another 3-4 months trip to the US because they "cannot stay apart and I-130 is taking forever."

Canada is hardly overseas and has a different agreement with the US when it comes to visas.  Canadians are some of the most notorious bunches for overstaying because it's visa on arrival, here's your B1 stamp, ttyl. CBP typically don't check; it's left up to the person.  Unless, of course, CBP start to see a pattern.  

 

There are rules to retain provincial social benefits in Canada, as I'd mentioned, residency and presence being part of that.  The Canadian federal government deems you a non-resident if you don't have significant residential ties and you spend more than 183 days away.  So, while CBP may stamp a 6mo entry into the passport, it doesn't mean there aren't consequences "back home" to deal with. 

 

[pushbrk 13,310]

5 hours ago, edmc said:

 

He 100% intended on going home but things happened and he ended up staying a month longer after 3 months. While adjusting sounds tempting, I'm way too much of a straight arrow and nervous nelly to go through that process. However, I will look into it. Thanks again for the advice!

Staying longer than intended is not an issue.  He gets six months.  It doesn't sound to me like he has intentions to adjust status, but I will correct an earlier poster by saying that "future intent" to immigrate is not an issue.  If it was, he wouldn't have  been admitted.  When intent or need changes after entry, that's ok. It happens often for lots of reason, including something as simple as deciding you are tired of being apart.

[Lemonslice 5,064]

@edmc, good that you guys registered.    I've got a communication from Global Affairs Canada about it the other week... I think many Canadians are not yet aware.

 Copying the whole email below / can't copy the Links right now, but ready enough to Google.


.........

 

(le français suit.)

Dear registrants,

You are receiving this email because you are registered with the Government of Canada's Registration of Canadians Abroad service.

Recently, the US Citizenship and Immigration has published guidance requiring foreign nationals aged 14 and over to register if they plan to stay in the U.S. for 30 days or longer. Global Affairs Canada has updated its Travel Advice and Advisories for the United States to inform Canadians of this new requirement.

Please take note of the following important details regarding registration requirements:

Registration:

Canadians and other foreign nationals visiting the United States for periods longer than 30 days must be registered with the United States government. Failure to comply with the registration requirement could result in penalties, fines and misdemeanor prosecution. You should consult the U.S. Citizenship and Immigration Services (USCIS) website to determine if you need to register with USCIS and how to do so. You can very if you have been automatically registered on entry to the US by looking up your I-94 admission form on the U.S. Customs Border Protection (CBP) website.

Useful links:

Alien Registration Requirement | USCIS - US Citizenship and Immigration Services
I-94 Official Website - Home Page  Official Website of US Customs and Border Protection
If you need help

Canadians in need of emergency consular assistance should contact the Embassy of Canada to the United States, in Washington at 1-844-880-6519 or by e-mail at ccs.scc@international.gc.ca during office hours or contact the Emergency Watch and Response Centre (EWRC) in Ottawa directly:

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Global Affairs Canada





Bonjour,

Vous recevez ce message puisque vous vous êtes inscrits auprès du Gouvernement du Canada à l'aide du système d'inscription des Canadiens à l'étranger.

Récemment, les services américains de citoyenneté et d`immigration ont publié des directives ( anglais ou espagnol seulement ) exigeant que les ressortissants étrangers âgés de  14 ans et plus s`enregistrent s`ils prévoient de rester aux Etats-Unis pendant 30 jours ou plus. Affaires Mondiales Canada a mis a jour ses conseils et avertissements aux voyageurs pour les Etats-Unis afin d`informer les Canadiens de cette nouvelle exigence.

Veuillez prendre note des détails importants suivants concernant les exigences d`enregistrement:

Enregistrement:

Les Canadiens et les autres ressortissants étrangers qui se rendent aux Etats-Unis pour une période de plus de 30 jours doivent être enregistrés auprès du gouvernement américain. Le non-respect de cette obligation d`enregistrement peut entraîner des pénalités, des amendes et des poursuites pour délit mineur. Vous devriez consulter le site web des services américains de citoyenneté et d`immigration ( USCIS ) pour savoir si vous devez vous enregistrer auprès de l`USCIS et comment le faire. Vous pouvez vérifier si vous avez été automatiquement enregistré lors de votre entrée aux Etats-Unis en consultant le formulaire d admission I-94 sur le site web du Service des douanes et de la protection des frontières des Etats-Unis (USCBP)

Liens utiles:

Alien Registration Requirement | USCIS = Exigence d`enregistrement pour les étrangers - Services de citoyenneté et d`immigration des Etats-Unis. ( en anglais )

I-94 Official Website - Home Page  = Site officiel du Service des douanes et de la protection des frontières des Etats-Unis ( en anglais seulement)



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en appelant le +1 613-996-8885 (les appels à frais virés sont acceptés là où ils sont disponibles).
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Affaires mondiales Canada

Edited Tuesday at 10:23 PM by Lemonslice

[pushbrk 13,310]

6 hours ago, mam521 said:

Couple of things.  The calculated time is on a rolling calendar.  So, has he visited in the last year, prior to this visit?  If so, how many days in that 365?  He may be over the limit.  

 

Another thing is his provincial social benefits like health care are dependent on him being physically present in the province. YMMV, depending on province. 

 

What ties to Canada does he have?  Rent/Mortgage?  Car?  Insurance? 

 

What does his I-94 say as an admit until date? 

 

 

Pending I-130 through consular.  AOS likely to be denied because he entered on visitor status with future immigrant intent already established by the August filing.  I would bail out and go home with this administration.  You don't want any flags of any kind or potential reasons for future denial. 

If "future immigrant intent" was an issue, he would not have been admitted to visit.  Only actual current immigrant intent upon entry, is an issue of any concern.