Crossing the US/Canadian Border

[TJChu 0]

I finally recieved an interview date (September 11...I know, terrible) and I've been told that it takes roughly 3 days to get your passport back from the Montreal Office (at least that was the case for my brother who was approved Aug. 1). Here's my dilemma. My husband will be coming to Toronto, from New Hampshire, for a wedding the Friday after my interview (aka 3 days after). We're need to know if in the worst case scenario my passport hasn't arrived yet, will he be able to cross the border with my things (clothes, bed, household items) without me?

He really doesn't want to have to come to TO two weekends in a row if he doesn't have to. If I get my passport in time then hooray for us, we'll cross together but if not we'll need to make sure he can take my things anyway.

Any help would be appreciated!

Thanks!

[twitchy 2]

My understanding is you have to show proof of the visa to have your things sent over.

I believe that is covered here:

http://www.visajourney.com/faq/k1k2visa-enter.html#5.9

Hope it helps

[TJChu 0]

My understanding is you have to show proof of the visa to have your things sent over.

I believe that is covered here:

http://www.visajourney.com/faq/k1k2visa-enter.html#5.9

Hope it helps

THANKS!! that's exactly what we need.

Think we'll have any issues with our wedding gifts? we've been getting them since december of last year and they're all out of their original packaging and in moving boxes.

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to Canada regional forum; topic is about border crossing procedures from Canada to the US and not about the spousal visa process itself.

[Udella&Wiz 325]

THANKS!! that's exactly what we need.

Think we'll have any issues with our wedding gifts? we've been getting them since december of last year and they're all out of their original packaging and in moving boxes.

How would they know they were new & wedding gifts and not your regular household belongings (which honestly they are now)? Nothing to worry about.

[Flames9_RN 358]

And also dont make concrete plans--as it can take a lot longer to get the visa back!! Some have had to wait well over a week to receive it.

[TJChu 0]

Thanks for the help guys!

[Kathryn41 3,205]

Just to be aware, the official position is that your belongings cannot cross the border before you do. They can come with you or after you. If they come without you they are considered unaccompanied belongings and will be treated as such. Your fiance as the carrier of the unaccompanied belongings will have to have proof that they are allowed entry into the US. Generally this means presenting a copy of your validated visa and the I-94 as proof of your entry, along with a list of the contents. An officious border agent can deny your fiance entry with your belongings and tell him he has to leave the belongings in Canada before he can cross into the US. If you are fortunate enough to have the passport with the visa back, he should definitely carry a photocopy of the identification page and the visa to show that you have gone through the process and it will only be a short time before you physically cross the border yourself . The agent can still say 'no' but will probably be less likely to do so knowing that you have the visa and it is only a matter of time until you will use it.

[Krikit 1,164]

Just to add.... the wedding gifts he shouldn't have a problem with as they are gifts to him as well. He will, however, have to declare the value of them as dutiable items. (This is where the length of time out of the country comes in with regard to allowances.) The wedding gifts would not have to be declared if they come over as part of your household goods.

[Sweetcheeksss 91]

My hubby was driving back home (Seattle area) - he had a few of my things (winter coat, pair of boots, couple of dresses) before I got my visa. He was stopped at the border, looked in his truck, saw my things and he was NOT allowed in until he either went back to Canada to drop them off *OR* he could opt to throw them away.

He ended up throwing them away (sucks)

Just FYI

[Kathryn41 3,205]

Or . . he may have been able to pay duty on them. That is the third option and if it isn't suggested by the border agent, it is one that he could suggest as well. It may not be allowed as they are not his belongings, but it is bringing them in without paying duty that is allowed for you - if he offers to pay duty that might be accepted (although it might also be expensive).

Edited August 23, 2012 by Kathryn41