Canadian Visiting

[box]

What is the name of your state? MO

A little bit of my background:

My boyfriend who is a Canadian citizen, is working in St.Louis, MO on a TN Visa. Previously, we were living together for almost 1 year in Montreal, Quebec.
I have been to St. Louis a few times since then. In October 2002, we traveled together to St.Louis for the initial interview which lasted 2 days. I returned later in December 2002 by plane to spend New Years with him for a
total of 4 days. I then accompanied him in a moving truck in January 2003 to help him move and settle in.

On March 18th, 2003, I returned to Toronto, Ontario (where I am original born) after being in the US for 45 days. On April 1st I was supposed to fly back to St.Louis but I was denied access by US immigration into the USA
because I didn't have a return ticket and am currently unemployed in the Canada. US Immigration thought was I was living and working in the US based on my 'travel patterns. I was advised that if I wanted to gain entry into
the USA, I would need to provide proof of employment and permanent residence
in Canada. I was also told that if I tried to cross the Canadian/USA border again, I would be arrested.

My intentions are to continue to visit my boyfriend and help him around the apartment. He is more than capable to support both of us financially so I have no reason to work nor do I have the intention to work in the USA.

I would like to return back to the USA as soon as possible. If you can shed any light on my situation it would be greatly appreciated.

 

[cher59]

In reply

Hi:
Can you tell me if you have a Canadian address. If you have a Canadian address ... I thought that Canada and the U.S. could go back and forth across the border freely.

 

[box]

Yes, I Live with my parents in Ontario, but was told that that wasn't good enough. My ties to Canada were not strong enough.

 

[cher59]

Have you found any process yet....I am in the same position as you are and don't want to run into the same thing. Have you contacted any lawyer or embassys?

 

[box]

Yes, I have been told by the lawyers that if I dont follow the protocol laid out my immigration that I can infact be arrested.

In order to cross into the states I have to show strong ties to Canada, residence and employment. And after the incident I should not try to cross for at least 4-6 months.

I was also told that a land crossing has more authority than an airport. The land crossing can put a 5 year ban on me there on the spot. And can possibly be incarsarated for a court hearing where they can impose a 10year ban from entering the states.

I have tired to look into the embassy. But being born in Canada, they can't do anything for me. There is no Visa for someone born here. And they also want you to oay to talk to them in person and on the phone... which I find a little rediculas.

 

[cher59]

Oh boy I wouldn't have thought this was an issue at all.....if you don't mind telling me something....how old are you? Just wondering I am an older person of 59 and I don't have employment in Canada at present. My boyfriend has employment of course in US. I am not sure what to do.....I believe you can bring a fiance into Canada if you have had a conjugal relationship for at least a year and you are not collecting support from a former spouse and of course be divorced from prior spouse....I found a website.....type in US Canadian Consolute......and look around in there you may find something.

 

[rainysky]

On the same boat

I just read your message and would like to know if you figure out. I have the same situation as you, I was denied entry to US at Vancouver Airport in Nov. 2004. Honestly speaking, I was not intended to stay in US and marry to my boyfriend at that time, but they just denied me to enter.

Also I was told that I can't cross the border without addressing sufficient documents to prove. otherwise it is possible to be arrested or .....

Anyway, I have to stay in Canada and it is 5 months now. I am not sure if I should try again and or apply for a kind of K1 visa (finance visa) which takes a while.

I would appreciate if you have any further information to share with me.

Good luck.

Emily

What is the name of your state? MO

A little bit of my background:

My boyfriend who is a Canadian citizen, is working in St.Louis, MO on a TN Visa. Previously, we were living together for almost 1 year in Montreal, Quebec.
I have been to St. Louis a few times since then. In October 2002, we traveled together to St.Louis for the initial interview which lasted 2 days. I returned later in December 2002 by plane to spend New Years with him for a
total of 4 days. I then accompanied him in a moving truck in January 2003 to help him move and settle in.

On March 18th, 2003, I returned to Toronto, Ontario (where I am original born) after being in the US for 45 days. On April 1st I was supposed to fly back to St.Louis but I was denied access by US immigration into the USA
because I didn't have a return ticket and am currently unemployed in the Canada. US Immigration thought was I was living and working in the US based on my 'travel patterns. I was advised that if I wanted to gain entry into
the USA, I would need to provide proof of employment and permanent residence
in Canada. I was also told that if I tried to cross the Canadian/USA border again, I would be arrested.

My intentions are to continue to visit my boyfriend and help him around the apartment. He is more than capable to support both of us financially so I have no reason to work nor do I have the intention to work in the USA.

I would like to return back to the USA as soon as possible. If you can shed any light on my situation it would be greatly appreciated.

 

[evcalyptos]

Anyway, I have to stay in Canada and it is 5 months now. I am not sure if I should try again and or apply for a kind of K1 visa (finance visa) which takes a while.

I would appreciate if you have any further information to share with me.

Good luck.

Emily

Emily, what is your goal? Do you want to visit the US or move there?

If you want to visit, go again to the border with proof of sufficient ties to your life in Canada; things that show you WILL return per the terms of your visitor entry.

If you want to move to the US and marry your boyfriend, the K-1 visa is the right visa. When you use it to enter the US, you will be required to marry within the first 90 days.

Does that help?

 

[rainysky]

Reenter to the states

Thank you very much for your kind help, I do appreciate it.

Honestly speaking, I don't have particular intention to marry to my boy friend at this time, what I want is to visit him for a while and go back to Canada. He came to Canada to visit me in Jan. and he is quite busy in summer. But I do plan to marry him by the end of this year.

What I concern about is if I cross the border this time and denied again, I am afraid it will cause a big trouble for my K1 visa application in future, as I already have one time denial entry to the states last year, I don't want to make it even worse by twice....

I take a look at K1 visa application, it has some questions asking "If you have been refused to enter to USA before...?", I don't know if it will cause any problems for my visa application. If it does not have a big deal, then I would like to apply for K1 visa, if it does, I don't know what I should do....

Emily, what is your goal? Do you want to visit the US or move there?

If you want to visit, go again to the border with proof of sufficient ties to your life in Canada; things that show you WILL return per the terms of your visitor entry.

If you want to move to the US and marry your boyfriend, the K-1 visa is the right visa. When you use it to enter the US, you will be required to marry within the first 90 days.

Does that help?

 

[evcalyptos]

Thank you very much for your kind help, I do appreciate it.

Honestly speaking, I don't have particular intention to marry to my boy friend at this time, what I want is to visit him for a while and go back to Canada. He came to Canada to visit me in Jan. and he is quite busy in summer. But I do plan to marry him by the end of this year.

What I concern about is if I cross the border this time and denied again, I am afraid it will cause a big trouble for my K1 visa application in future, as I already have one time denial entry to the states last year, I don't want to make it even worse by twice....

I take a look at K1 visa application, it has some questions asking "If you have been refused to enter to USA before...?", I don't know if it will cause any problems for my visa application. If it does not have a big deal, then I would like to apply for K1 visa, if it does, I don't know what I should do....

First, a refused entry does not hurt your chance for a K-1.The reason for refusal is suspicion of immigrant intent. A K-1 is the appropriate visa for immigrant intent.

If you plan on marrying at the end of the year, this is probably the time to file for a K-1; they take 6-8 months to complete and then are valid to use for the 6 months after issue.

You and your BF can review:
How Do I Bring My Fiancé(e) to the United States?
http://uscis.gov/graphics/howdoi/fiance.htm

Application Procedures: Bringing a Fiancé(e) to Live in the United States
http://uscis.gov/graphics/howdoi/fianceapp.htm

He begins by filing the peition I-129f. If you want to visit while waiting for the petition, it is not against the law. Go to the border with plenty of evidence of your ties to home to show if asked. There is NEVER a guarantee of entry at the border, so there is no way to tell you 100% that you will be let in on any particular visit.

 

[rainysky]

K1 visa

Thanks again, it is very helpful.

I am wondering if my boy friend can file K1 visa for me, as he just got his divorce paper (settled down his divorce) after a long time separation with his wife. It is said he can't be married again until 6 months later, is that true?

If it is true, can he file K1 visa now as he will not be married until I get K1 visa and go to the states to have marriage within 90 days, at that time, it is over 6 months.

Appreciate your advice, thanks.

First, a refused entry does not hurt your chance for a K-1.The reason for refusal is suspicion of immigrant intent. A K-1 is the appropriate visa for immigrant intent.

If you plan on marrying at the end of the year, this is probably the time to file for a K-1; they take 6-8 months to complete and then are valid to use for the 6 months after issue.

You and your BF can review:
How Do I Bring My Fiancé(e) to the United States?
http://uscis.gov/graphics/howdoi/fiance.htm

Application Procedures: Bringing a Fiancé(e) to Live in the United States
http://uscis.gov/graphics/howdoi/fianceapp.htm

He begins by filing the peition I-129f. If you want to visit while waiting for the petition, it is not against the law. Go to the border with plenty of evidence of your ties to home to show if asked. There is NEVER a guarantee of entry at the border, so there is no way to tell you 100% that you will be let in on any particular visit.

 

[evcalyptos]

Thanks again, it is very helpful.

I am wondering if my boy friend can file K1 visa for me, as he just got his divorce paper (settled down his divorce) after a long time separation with his wife. It is said he can't be married again until 6 months later, is that true?

If it is true, can he file K1 visa now as he will not be married until I get K1 visa and go to the states to have marriage within 90 days, at that time, it is over 6 months.

Appreciate your advice, thanks.

I have no idea about divorce rules for various states; there is a forum on this website for it where you might check..
To file the I-129f, I believe you BOTH must be 'free to marry'. That includes him submitting a copy of his final divorce decree. You might ask him to clarify with his divorce attorney 'when' exactly he is free to marry.

Perhaps starting your own thread here on the subject, or reading the boards at visajourney may be of help.

 

[rainysky]

K1 / K3 visa

Thank you, just one more question, which visa is faster and better to apply, K1 or K3? We don't mind marriage happend in US or Canada, we plan to live in the states after marriage currently, but may move back later.

Thanks for your great help.

 

[evcalyptos]

Thank you, just one more question, which visa is faster and better to apply, K1 or K3? We don't mind marriage happend in US or Canada, we plan to live in the states after marriage currently, but may move back later.

Thanks for your great help.

K-1 is definitely faster than a K-3 as of today. That could change at any time, but USCIS made a 'promise' to start adjudicating petitions within six months, and they seem to be keeping to it. Used to be that married couples had to wait 3 YEARS to get their file looked at. Not so anymore.

If you go K-1, you get here, marry w/in 90 days and Adjust Status which can take 30 days to 3 years, depending on where in the US you live.

The traditional spousal visa is actually NOT the K-3, but the CR-1/IR-1. If you marry now and follow this route, expect 8-12 months before you can move to the US. When you do move with that visa, you get your Green Card immediately. Depending on your circumstances, this can be a huge benefit over 'got to get there this minute'. You live nearby in a country that is easy to visit/visit from and you might benefit by marrying in a civil ceremony now, starting your paperwork and moving in 8-12 months with the Immigrant Visa.

You are eligible to apply for citizenship after 3 years as a PR, which will give you freedom to live between both countries. You may be a dual citz with Canada; you don't give up your Canadian pp. You will find that sponsoring your husband to Canada is as complicated, if not more so, than you coming to the US, btw.

There is a lot involved with making your decision; I understand better and better why a consultation with an immigration attorney is a GOOD idea.