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[TrueNorth 0]

Hey all,

I wanted to get some feedback from those "in the field" on my situation. I'll make this as simple as possible:

We met online in 2005, he's Canadian and I'm from the US.

We were great friends etc. online and met in 2007 in the states.

He stayed here for a couple of weeks visiting, then I went up to Canada with him to visit there.

We married in Canada (not planned; was very spur of the moment).

We thought about me immigrating there, but in the end I really didn't want to and missed home.

I got pregnant in Canada, prompting us to come back down to the US where my family is so I can have the baby here where I'm most comfortable.

He came with me as a visitor (again.) (Border agent was very suspicious but let us through.)

He's been here a few months with me but needs to go back as he can't stay longer than 6 mos at a time.

Baby is due in May.

We want to have him come back in for the birth and stay a couple of months before going back to Canada to live/work and hopefully one day I will be able to make enough to sponsor him to come live and work in the states. Right now I don't make enough money, and I understand they don't count his income (correct?)

Question is, is it possible to get an extended visitor stay for him to be here for the birth? I worry that he may not be allowed back in if he leaves, but we don't want to be out of compliance with the laws because we need to keep the path clear to be together in future and don't want to jeopardize that.

Is it possible to have him stay here while petitioning? I am guessing that answer is probably NO.

Is there a faster/easier way for us to be together? (Wishful thinking?)

How long does it usually take from the very very start of the petition process to the point where he is allowed to enter the USA? (I am not including anything after that like permits and AOS etc., just wondering how quickly we might be able to actually legally live together in the USA.)

Thanks for your insight.

[SapphireDreams 71]

Is there someone, a family member or good friend that can help you with income and support? If you know someone that is willing to help you, they will count that.

As well, in terms of visiting, can he go back to Canada for a month or so and then come back again? I believe if he leaves and then comes back he is entitled to stay - however, I'm pretty sure he can only stay in the U.S. for 6 months total out of the whole year.

He can stay with you while you file for a visa but again he can't be in the U.S. for longer than 6 months.

I would start the process soon - the 7-12 months it could take will go by super fast so the sooner you file the better.

I know the others on here will probably be more helpful than me. If you haven't already, the guides are very helpful too.

[TrueNorth 0]

Is there someone, a family member or good friend that can help you with income and support? If you know someone that is willing to help you, they will count that.

As well, in terms of visiting, can he go back to Canada for a month or so and then come back again? I believe if he leaves and then comes back he is entitled to stay - however, I'm pretty sure he can only stay in the U.S. for 6 months total out of the whole year.

He can stay with you while you file for a visa but again he can't be in the U.S. for longer than 6 months.

I would start the process soon - the 7-12 months it could take will go by super fast so the sooner you file the better.

I know the others on here will probably be more helpful than me. If you haven't already, the guides are very helpful too.

Wow only 6 mos out of the year? Do they go by calendar year? When I was in Canada I was told that I could leave Canada and come right back in an hour later and it would "reset" my status and let me stay another 6 mos (if they let me back in that is! I never take that for granted.)

[SapphireDreams 71]

^^ I could be wrong, although I 'm pretty sure I read that somewhere. Makes sense, because otherwise what would stop people from just living there 12 months out of the year and not working? You can only be a visitor for so long for a max amount of time.

I think it might be a B2 visa status.

[Allie 5]

He can ask for an extension on that 6 months as long as it's under visitor status.

One thing to remember though, if out of Canada for over 6 months your health care benefits are forfieted and on your return it takes awhile for em to kick back in

[~Laura and Nick~ 5]

GRR this has been bugging me...I'm trying to find out.

If you are down there for say 6 months, can you come back for a day then go back down and the 6 months starts over again?

Google sucks..I can't find anything!!!

LOL

[IR5FORMUMSIE 850]

GRR this has been bugging me...I'm trying to find out.

If you are down there for say 6 months, can you come back for a day then go back down and the 6 months starts over again?

Google sucks..I can't find anything!!!

LOL

Sure can. CBP folks tend to get hyperspastic though.

[LadyJane 1]

As for the 6 months resetting if you return only after one day (or even one hour!), I doubt it. It would be SUPER nice if it were true.

Can your husband leave now and return closer to your due date? You said that he's only been in the states for 3 months. It is a common concern that the border guard won't let our Canadian spouses in for a visit. But they may be more willing if your husband can provide ties to Canada (financial ties-home title, apartment lease, utility bills, letter from employer etc), a letter from the doctor that states your due date, and show them that he is not going to stay in the USA. If his employer has a formal paternity leave policy, then a letter from Human Resources stating the start/end of his leave may be a good idea.

BTW: We've always been real conservative about the whole 6 months thing. So we ask ourselves "in any 12 month time frame, has Mr. FEW been here more than or less than 6 months?". Some people use a calendar year, but we use within a 12 month frame.

Good luck, and congratulations on your pregnancy!

[Earmuffs 1]

find a co sponsor and marry...

file AOS.. He didnt go there with the intent to marry you, but if you are that scared he wont be there for the birth. It is an option..

only thing is he WONT be able to return to canada until he gets green card or AP..

[Krikit 1,165]

From the cbp.gov site:

"your re-entry will be considered to be a new admission"

"The burden of proof is always on the applicant. There is no set period of time Canadians must wait to re-enter the U.S. after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc."

The link for Canadians to extend their six month stay to 12 months is here.

Congratulations, and welcome to VJ.

[thermophile 0]

the 6 month stay does not "reset" if you leave for a day or week. it is 6 months out of every 12months, but remember that is the maximum that he can stay. There's no guarantee that he'll be allowed back into the US, especially if he has no proof that he is going to go back to Canada-job, lease, etc.

You say that you eventually want to sponsor him to live here, but for the moment you may want to consider again moving to Canada. If you don't work but he does, combined with the difference between how the two countries deal with family immigration, could make him staying and you moving make sense. Of course the fact that I can't wait to move back to Canada is coloring my advice, but you can wait in Canada with him while your app is being processed so both of you could be with your kid during it's first year or so that it would take for his app to make it through USCIS.

[Krikit 1,165]

the 6 month stay does not "reset" if you leave for a day or week. it is 6 months out of every 12months, but remember that is the maximum that he can stay. There's no guarantee that he'll be allowed back into the US, especially if he has no proof that he is going to go back to Canada-job, lease, etc.

Why would you say that when it distinctly says differently on the CBP site, and that they can apply for an extension? I absolutely agree that there is no guarantee anyone can get in. It is always up to the CBP Officer no matter what.

[thermophile 0]

yes you can apply for an extension. however, in that case you need to actually apply for a visa rather than come into the US under the VWP. The longest that Canadians can stay in the US under the VWP is 6 months out of 12.

hum, now that I was looking for a link to back that up I found that it isn't actually the VWP that covers Canadians.

Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests by any foreigner to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service. All Canadians are reminded that U.S. law requires all foreigners to qualify for the desired stay and purpose at the time of their intial entry. A visitor who intends to live, work or study in the U.S. may be permanently barred from the U.S.

http://www.amcits.com/canadians.asp

So, I guess theoretically, he could leave the US after staying for 6 months then come back a few days/weeks later to visit the US again for 6 months. Theoretically that could happen. However, he would have to prove that he has no intent to "live, work, or study" and that he has enough money to support himself for 6 months. I doubt that he would actually be allowed back in. For practical purposes I suggest that 6 months out of the year is the limit that most Canadians would be allowed to visit without any type of visa. Also, considering that the OP said that she couldn't sponsor him, which also suggests that he isn't independently wealthy, I doubt that he'd be able to convince the border guard that he is just visiting. So, theoretically possible for Canadians to visit the US for 355 days of the year, but I doubt that is a practical plan.

[rhymeswithcandi 0]

He can ask for an extension on that 6 months as long as it's under visitor status.

One thing to remember though, if out of Canada for over 6 months your health care benefits are forfieted and on your return it takes awhile for em to kick back in

Good point but, unless you officially change your resident status, there is no way for Canada to know you're gone longer than 6 months.

[AnewKINDofFEELIN 0]

In any consecutive 365 days, you cannot spend more than 6 months in the US. That's the law.

That said, if he comes back a second time, he may be seen as overstaying his visitor visa, which can keep him from being granted immigration status.

Be very careful, as you are walking a thin line of legality. Quite frankly, the "go home for a few days" option may very well seem awry to the consulate.