Josie Grossie

Glad to read all these answers. My fiance and I are twelve and a half years apart and I was wondering this same question myself. Good to know!

I think she may of been referring to my post, Trailmix.

I don't want to make people unwelcome in their questions, I am just giving people the infomation and it's not always the info that they want to hear.

I'm going to be kind of a hard #### here and start grilling - only for your benefit that this is what you need to be prepared to encounter at the border. In your original post you stated that you wanted to visit for 6 months and perhaps if the Visa wasn't complete by then you would go home for a few days/weeks and then turn around and return to the US to visit again. I think this is a bad idea. Border officers take into the consideration the amount of time you are spending in the country. If you are spending the majority of the time in the US, ie over 6 months of a year, you are going to have issues with proving that you still are a resident of Canada.

I think now you are saying you want to visit for maybe a few months. There is a big difference between visiting for a few months and half a year plus when it comes to the issue of which country you are choosing to take up "residency" in.

What is usually an acceptable length of time between visits? If I do go for two or three months at the most, how long should I come back to Canada for, or is there no set time? It all depends on the one talking to me at the border?

I do wish you luck and hope you do get to visit your boyfriend often. I visted my husband very frequently during my immigration process - but I also had substantial ties to Canada - a house, a job that I had to go to everyday, etc.

I have seen a wide spectrum of "visting senarios'. From a lady that "visited" her husband in the US for 10 years, claimed to live at her mothers house and went home to Canada every few weeks but spent the majority of her time in the US. She did this for 10 years before a new officer started at the Port put a stop it, refuse her entry into the US and made her start immigration proceedings before she was allowed to come visit her husband. I have had a lady returning to Canada with her car packed solid with her personal belongings. She said she met her US boyfriend, quit her job, let her rental go, sold her furniture and "moved" to the US to live with her boyfriend. She had been there for 10 months then decided it wasn't working out so she was moving back to Canada. She claimed not to know anything about needing a visa or that she could only "visit" the US for a max 6 months. Somehow, somewhere a US customs officer let her into th US. But I have also seen the refusals from the US POE coming back. Young ladies, with no job, not going to school, living with her parents, coming back in tears because they just wanted to go to the US for the weekend to see their boyfriend.

I don't think you have "illegal intent" as I don't thing the majority of people do. I think most cases it is just "naive intent" where people think it's oK - it's just the US and shouldn't be a problem to just go visit - but that is not always the case.

This forum is all about providing information and help and sometimes that info isn't what people want to hear but you are now informed and can make a decision that is right for you.

Once agan, good luck to you.

That's all I wanted, some information I didn't have my heart set on six months, I just wanted to know if it was possible. I think a shorter visit is the way I'm going to go. Thank you very much, you've been really helpful.

Just dug up a few older post that may be of an interest for you to read. Both are in regards to "visiting" the US for 6 months or longer.

http://www.visajourney.com/forums/index.ph...90&hl=visit

http://www.visajourney.com/forums/index.ph...93&hl=visit

The "visiting" in quotations is what makes me think that people are under the impression that I am not wanting to just visit.

I just want to visit. If it isn't for six months, fine. I just don't know what I can provide if I say "I'm visiting my fiance for a month" and they ask for proof that I'm coming back.

Ok, I'm going to add my two cents in here as a "Border Officer" to the difference between a "visit" and "staying/living" in the US. A bonafide visit usually consists of a person staying a weekend, a week, a few months maybe longer then having the intent to return to their home country to resume their daily normal life there - such as living in their house, rental, working a job, going to school, going to coffee with friends etc. A bon a fide visit is NOT staying/hanging out in the US for 6 months or longer with no residence/job/school or other reason that they will need to return to Canada for. Bank accounts really are not good ties of residency. Staying in the US while your visa is processed for 6 months then returning to Canada to "flag pole' to return to the US to be legal "visiting" for another 6 months is not a bonafide example of Visiting. If your intent is clearly not to return to Canada to resume living there then you are not a "visitor" to the US your intent is to stay and start living there.

Don't mean to sound harsh but that is how a border officer is going to see it.

I don't think I've articulated my "plan" very well. I want to go see him for a few months while the Visa is processing. That is honestly all I want. I am aware that I need to come back. Of course I need to come back, I need to have my K1 interview and my medical (if I haven't already had it by the time I go) ... I intend to come back. I'm not taking anything with me, I'm not cutting my ties with anything and "visiting" my fiance. I know I have to come back. I think my point is, I just want to go see him while this process is in place and I want to know the best way to go about this. I didn't know if a Visitor's Visa would help me prove my intent to come back to Canada or if it would make any entry into the country any easier. That's all.

It doesn't sound harsh at all, I just think people are reacting as if I'm trying to fool anybody about my intentions of going there. I don't intend to go there to stay UNTIL my K1 visa is approved and I can pack up my things and go.

I'm not trying to screw anybody, not trying to lie to anyone. I want to go about this whole process in the most honest, straight forward way possible.

I understand that if I have K1 visa in the process, I am going to need to prove I am coming back. But I guess since I won't have a job at the time, that's seemingly impossible.

I'd say it's really just going to be depend on the line of questioning to you get from a border guard.

They'll say, where are you going? You say to visit my boyfriend. They say how long are you staying, You say, 6 months... they might then be suspicious... if they don't ask you when you are returning, then you might get through okay. It really depends on their line of questioning.

I've gone through a few times where they just didn't ask me how long I was staying, maybe it was because they saw a pattern that I took short visits, who knows.

Why don't you just go for 2 or 3 months and then come back for a month of two and then try visiting again for a couple of months.

Just remember to pack light and buy a return ticket.

2 or 3 months would be fine with me! Would they think it's odd that I go for a few months, come back for a few months, then go again?

why not just start it now!! Sooner u start, the better, as it can take awhile!!

We might! I've read up on it and just want to be prepared for the paperwork. If my fiance can get it done and filed this month, that'd be great! Our "deadline" was my visit, though.

Actually, having a pending K-1 petition seems to help people more often than hurt them. It shows the border guard you know the law and are intending on moving to the US using legal channels. It might be a good idea to try and file for the K-1 before your long visit to see your fiance. Another option may be getting paperwork and evidence together so when you get to the border, if they question your intentions you can show them the K-1 visa petition you are preparing and say you are going to file sometime in the coming weeks.

Unemployed people cross into the US all the time, for sure. But crossing into the US to visit family or friends, is different than crossing to visit a fiancee or spouse. There is a pretty big distinction to be made. You can't marry your uncle, then adjust status, but you can marry your fiance and adjust status!

A lot of us were very naive about this in the beginning, so you're not alone. I crossed for years to visit my then boyfriend, sometimes with 1 way tickets, and never with prof of ties to Canada. I was never questioned, and never had a problem, but I was lucky. You might be lucky too, but you may be one of the few they throw the book at, one never knows!

We do plan on starting the K1 process before the long visit. The long visit was tentatively planned for August/September while the K1 process, we were planning on starting next month while I am there visiting for a couple of weeks.

A visitors visa wouldn't matter. They can deny you entry with or without a visa, it is just the same.

Sometimes people who say they have an American boyfriend/girlfriend, fiance/fiancee, or spouse at the border are sent to secondary and questioned. Sometimes people are asked for very strong and compelling ties to Canada, and sometimes people are asked for very specific things (usually a job or a lease) in order to be let in. However, there are also many cases where the crossing Canadian wasn't asked for anything. They were let through the border with very few questions and were never asked for ties. This probably happens more often than the questioning scenario.

However, if you show up at the border and say you are going to visit your fiance for 6 months, you tell them you haven't filled for a visa, and you don't have a job or lease to come back too, there might be a problem. Its the border guards job to screen people who they believe are a. threats to national security and b. attempting to move to and live in the US without the proper visa. Can you see how this scenario may make the border guard believe you are intending on going to the US, marry your fiance, and then adjusting status to stay in the US? From an objective perspective, I can see why someone would believe this.

Think of it this way, it doesn't hurt to try. If you tell the truth at the border about your intentions and they deny you entry then it is just that, a denial at the border. This will not effect your visa application in the future. So if you have nothing to lose, then try it. We're just trying to tell you that you need to be prepared in case they decide you are inadmissible, that's all. You may have a problem trying to cross this time, and you may not. You may have a problem trying to cross the second, third or fourth time, or you may not. Nobody call tell you for sure.

Good luck!

No, I absolutely understand why the border patrol could think it was suspicious. I just want to do things the right way, which is why I came here to ask So it's the fact that there will be a K1 visa in process that would bring up the red flag, or is it just the "no job to come back to" thing? I am sure unemployed people visit family/friends in the United States all the time, right? Or maybe I'm just naive about the whole thing, who knows.

Thanks very much for your polite reply. I appreciate it.

If I were in your situation, I would find another work after my contract ends and make short visits to the US. If that's not an option for you, be prepared to be denied at the border.

Okay, thank you.

You should change your name to Greedy Needy.

Bai.

How am I being either? I'm just asking questions and want clarification on how to do things the right way. If I can't, then I can't.

Yeah...I plan for that to be a BIG problem.

So, I have no options then while that K1 visa is processing since I won't have a job to come back to?

Unfortunately this could be a big problem as what other ties will you have? Bank statements and everything are good but I'd think that the two biggest links a guard would be looking for would be employment and housing. Just be sure that under no circumstances do you lie about how long you're going to visit for if asked, even if you think you're going to be denied entry, that's the biggest no-no you can do.

I'd never lie.

I will have bank statements, bills to pay, my family here, a place to live (WITH family, but where I do pay rent but am not on a lease) ... I don't know what else I can show them except an airplane ticket back home.

Uh, they'll want to see that you have a current job in Canada after you disclose you have a K-1 in progress. Although I have a letter of verification of employment and a paystub, one border guard recommended I bring 6 months worth of current paystubs. I remember one instance, a border guard asked to see my business card!

This is just for crossing the border to spend a long weekend in Seattle!

I've never been asked about my other ties (i.e. bank account showing mortgage statement, rental lease, bills etc.) although I bring them just in case.

But I won't have a job. So what can I do? I am employed NOW, and will be right up until August but then my contract is over. So while without a job, I thought I would visit my fiance for a few months. I thought getting a Visitor's Visa (with him as my sponsor) would be the best way to do this, but I guess I'm wrong.

If you "visit" the US with the intention of getting married, living there, and then filing for AOS, that is completely illegal and could cause you problems down the road (possible lifetime ban if you lied about your intentions at the border). You're definitely on the right track with using the K-1, or even CR-1 should you decide, and we'd all higly recommend doing the process through the legit way.

Thank you. And I do want to everything the legit way, definitely!

So the impression I'm getting is that if we file for the K1 in March, there shouldn't be a problem with me visiting for six months in September 2010-March 2011 (provided I can prove I have ties to Canada) but getting BACK into the United States after that time is over is the issue..

You'll have to come back to Canada before you get your K1 visa. Depending on where you live, you'll either go to Montreal or Vancouver for an interview.

You'll also need to go a medical in Canada and may need to gather your police report in person.

Your plan could really backfire on you, so just beware of that. And, I would probably bank on 8-10 months for the K1 visa if you are going to through Montreal... maybe 7 months if you are lucky so just keep that in mind. It will most likely be longer than 6 months.

I know it will be longer than six months, but we are starting the process next month. So say it takes a year. We file in March, it would be done by the time my six months in the States is up (with a travel back to Canada in between for the interview and medical in Montreal, which is very close to where I live) ..

My plan is completely flexible, which is why I'm here. I think I just want to know the easiest way to a) file for the K1 and b) in the meantime, be able to visit my fiance for a significant amount of time.

Is it easier to simply get married in the United States and then file for an AOS? Or does that not make sense?

You don't need a visitors visa to enter the US, whether you are planning on staying for 6 days of 6 months. So, there is no need to worry about that.

Here's where it gets a little questionable. It is always up to the discretion of the officer at the border whether or not to let you in, always, weather you have a visa or not. If you want to visit for that long, you should plan accordingly. Come prepared with very strong ties to Canada. This would include a letter from your employee stating a return date, a lease or mortgage, a return plane ticket, or any other strong evidence that would compel you to return to Canada (children, etc.) Presenting things like prof of a bank account or pending loans really isn't strong evidence.

Technically there is no law that states you cannot visit the US for 6 months, return to Canada for a short period of time, and then return to the US for another visit. However, you will need to demonstrate you aren't attempting to live in the US without a proper visa, and spending more time in the US than in Canada will stand as a very large red flag. Also consider that you may risk losing your Canadian residency status, which will effect things like health care and taxation. Basically, it would be a big mess for you to sort out.

So basically, your plan is possible but it will be very difficult to execute. You need to be mentally prepared for the possibility they will not let you in, or issue you an I-94 that states you must return to Canada well before the 6 months is up.

Thanks. My plan isn't by any means concrete, I am just trying to figure out the best way to go about things. Visiting the first time doesn't seem to be any issue, it's visiting again after that six months that seems to cause me the problems. Now, say in that six months while I am there, my K1 visa process becomes approved. Am I able to come back to Canada, gather up my things, and come back into the United States?

Hi there,

You will not need to get a visitor's visa when coming over from Canada but be sure not to lie if they ask you how long you're planning on staying over (I've been asked 100% of the times that I've crossed, couple hundred times easily). Just like you stated, just make sure you have plenty of ties to Canada to minimize the risk that you'll be denied entry.

After you return for a little while in six months there is a chance that they could let you come back over again but that's at the discreption of the guard. Even with numerous ties to Canada, you will most likely have a hard time getting back over so quickly as being gone for six months, maybe spending a few days in Canada, and then coming back for another six months doesn't show a lot of actual strong ties to Canada.

Good luck to you!!

Thanks for the reply

I worry that my "plenty of ties" won't be enough. I mean, I will have all of my bank accounts and bills to pay but my job ends in August, so I will not have that as proof. As well, I pay for a room but am not on any lease, so I'm not sure how to prove I have a place to come back to.

Would getting a Visitor's Visa the first time make it easier to go back into the US after the original six months?

Hi all,

Here is my situation. I am visiting my fiance (an American citizen) in March, and we plan on starting the K1 process while I am there. Now, I am also planning on visiting him for the full six months at the beginning of September (so until beginning of March 2011) ... my question is this. Do I need a visitor's visa or can I easily get into the United States in Septemer if I have enough proof that I still have ties to Canada?

If I do need a B2 Visa, what happens after the six months? Am I allowed to come back to Canada for a short time (say a few days) and then re-enter into the United States visaless (for a shorter period of time, obviously) ... hopefully by then, our K1 process will be over or close to over.

Can anyone provide me with any information on this? I have read so many websites on this whole process that I'm confusing myself.

Thanks in advance!

Hi everyone. Just found out about this website and it's been a HUGE help and has answered most of my questions. I thought I'd ask a few just to be sure that I'm understanding things properly.

My boyfriend is an American citizen and I'm a Canadian citizen. Our process should be pretty straight forward as there's no criminal records, no previous marriages, no children involved.

I am seeing him at the beginning of March which is when we're going to start the paperwork process. My questions are these:

01. Once the process is started, I am coming back to Canada probably until August when my job is ending. Will I have any problem getting into the United States without a Visa in August? Or should I get a visitor's visa? How long would I be able to stay without one? If I DO need to get a visitor's visa, how long does that process usually take? I read the B-2 (I think) form and it needs an address I'll be staying at. The only problem is that he's planning on buying a house in the next few months so I'm not positive on the address where we'll be staying. Should I just give his current one?

02. In August, I'd like to be able to at least move most of my things there, even if I'm not staying permanently. Will this be an issue? There's nothing major except like four pieces of furniture and some clothes. The rest will be brought or mailed at a later date when everything's permanent.

03. I'd like to bring my dog with me in August. He's got all of his shots and I have all of his records. Again, will I have a problem crossing the border with him?

04. I'm not sure how I'm supposed to prove my intent to return to Canada once my visit in the United States is over. I don't want them thinking that I'm moving everything down there with no plans on coming back. But like I said, my job will be over in August and I don't know what "evidence" to give them. Any advice?

I think those are the major questions I have. Any help would be much appreciated.