Should I stay or should I go...

[Canadiangirly 0]

So I have a dilemma.... Probably more in my mind then otherwise... But still...

My Fiance is in the USA, and I am stuck in Saskatchewan.

(If you are Canadian, that should be enough ofor you right there... lol)

Okay seriously though, Housing prices are up... I have alot of equity in my home, and don't owe alot on other bills, and I have been thinking about quitting my job to 'visit' my man long term.

I have some questions on this.

I know I can be in the USA for up to 6 months for travel... but does it matter if we have applied for the Visa? I mean, Can I still travel once we have applied?

If all the papers are going to a family memebers address, do I need to be in Canada? (figuring of course that the papers can be mailed to me in the States.)

I figure we will be together soon enough, and I get that, but at the same time... am I missing anything from a Visa standpoint?

My game plan... or at least the thought in my head is....

Nov 7th - Divorce is final (fingers crossed)

Nov 9th - Mail K-1

Dec 3rd - list house for sale

??? (date of possesion... err... loss of possesion of house) - Quit job, and pack my belongings into storage until the Visa is approved. Fly to be with my Honey.

Will this work?

Comments

[djc 0]

If you sell your house, quit your job, and pack all your things, what are you going to bring to prove ties to Canada? What if the border guards refuse your entry?

[Kathryn41 3,205]

Technically, you would be living in the US since you would no longer retain a residency or residency address in Canada, and that is a no-no. As well, you can visit for up to 6 months in a year, however, you are only now filing your K-1 application. With the slow down and delays going on you may have up to a year's wait for it to be processed. What do you do for the half year that you would have to return to Canada?

As well, you would need to have medicals, security checks, and other documentation obtained for the interview, which fortunately will be in Vancouver.

Flying to the US with enough belongings to get you through 6 months will definitely be problematic - especially if you no longer have a job or a home - and proof of both - in Canada. You may very well be turned back at the border as an intending immigrant - which you would in fact be - and risk not being allowed to visit until the visa is granted.

I can appreciate that you would love to be with your fiance in the US, however, I think you might be backing yourself into a potentially sticky corner by following the route you propose. You don't want to jeopardize anything at this stage of the game. What you are proposing is fraught with serious risk.

[bradcanuck 1]

Kathryn is bang on. I was about to reply but she just saved me the 10 minutes. Sound advice.

They WILL sniff out intending immigrants.

[kcmetzy 0]

Been there..done that..didn't work

DON'T TRY IT..or you might not be able to visit until this immigration process is over.

They are good..it's like they are trained in it or something..hehe

Kathryn is bang on. I was about to reply but she just saved me the 10 minutes. Sound advice.

They WILL sniff out intending immigrants.

[SonoranSongbird 3]

Damn. Now I have the Clash song stuck in my head.

Yes, you can still visit the US for up to six months with visa pending, just as you ordinarily can, but once you file, they may ask to see proof of ties to Canada, and it sounds like you are planning to eliminate those ties. Also, if it takes longer than six months, you would need to go back, and really, having a place to return to is a good idea.

I'd keep the house and job and continue to visit each other as often as possible. One thing we have been doing that you might consider is finding cities that we can both fly to directly to meet up for weekends (not having to switch planes makes what otherwise would be a full day's travel time much more reasonable for a weekend).

[vnoe 0]

yes, yes, yes, yes.....heed the words of good advice from those that posted above me!!!

I too was a Sask girl, but I love my province....thank goodness I'm not too far away from it.

[Flames9_RN 358]

My parents are in Saskatoon, and they (housing experts, not my parents)foresee the housing prices to keep going up!!

[Canadiangirly 0]

hhhmmmmm.... so there is lots to consider.

My thought was, that I would "move" in with my Mom for the time being (her idea). So I would have a place to live, and an address... and a place to store my things.

I was thinking I could then fly back when I needed my medical, and such....

I was unaware that you had to prove ties to Canada... ... I just started reading about the process, So I really really really appreciate the help.

I mean I would have an address still, and bank accounts... I just didn't know....

Edited September 19, 2007 by Canadiangirly

[Flames9_RN 358]

The think with crossing into the USA it all depends on the POE officer!! many of us travelled back and forth to the USA during our visa process with no problems! I was never hassled and I flew to DC monthly!! While others do have problems/hassles. Some get questioned extra, etc, and some do get denied entry!! All depends on the POE officer!! No one can say you will or wont have problems!!

[djc 0]

You might get away with it....... or you might not. If you get stopped, you will have to prove to the officer that you do not intend to live in the US with your sweetie at that moment in time... which is ultimately what we all want to do.

But you ARE supposed to be allowed to "visit." It's just that if you're stopped, you need to prove that you're going back. Chances are, if you go and say that you're visiting your fiance for 6 months, you'll probably be stopped. But if they let you through, then RUN LIKE HELL!!

[Reba 2]

if you quit your job, that would be a big red flag to a CBP officer that you don't intend to return to Canada. And they will ask "how is it you're able to just take off for 6 months?" and they'll ask "how do you intend to support yourself during this stay?". If you only have $5 in your pocket and $100 in your bank account, they'll turn your butt back around.

[Kathryn41 3,205]

And if you lie to them and say you are staying for a shorter time than you intend it could lead to a charge of misrepresentation - which could prevent you from immigrating to the US at all. It is kind of a catch-22. You are better off retaining your job, visiting back and forth while waiting for the visa to be approved, and then completing the details like selling your home, leaving your job after you have your visa - or at the very least, your interview date. Believe me, while the waiting right now is horrible, once you are together you do forget the intensity of this time apart. You just have to get through it now - and it is a short time in relationship to the many years you will be together with your beloved. It is useful to look at it along the lines of 'short term pain for long term gain'.

Edited September 20, 2007 by Kathryn41

[neiks 19]

I'm not going to sugar coat it here. You stated you are wanting to quit your job, sell your house and "visit" long term. Clearly your intent is to move to the US and live and however you are trying to justify it's just a visit isn't cutting it. Visiting means you have ties and intent to return to Canada - which you have no intent of doing. What you are planning on doing is illegal and this is the reason why many others get "hassled" at the border as this is what they do not want people to be doing.

If you follow through with your plan, be prepared to be refused at the border and not be let back in as how are you going to prove your ties if you have quit your job and sold your house? Then you will be stuck in Canada and won't be even allowed to visit your man for short periods of time.

[raymaga 25]

While we waited out the K-1 process, I visited my fiance in the U.S. numerous times and stayed for long periods of time. I drove across the border, I did not fly into the U.S. Most times, I was allowed in with no problems. I was even asked on occasion if I had heard of the K-1 Visa, and I replied that we were awaiting our approval and was just going to visit my fiance.

I was asked for proof of ties to Canada such as mortgage/lease documents, my most recent pay stub, etc. and would probably have not been allowed to enter if I could not have provided those documents.

I agree with all the other previous posters that you should probably just visit your fiance, keep your home and job, and wait the process out. It's hard, but it's still the best way to do it.

Good luck.