Canadian Wife / US Citizen Husband - Immigration Question

1) I am a US Citizen residing in Kansas City. My wife is a Canadian residing in Quebec City. We were married in March 2007 in Hawaii. 2) We have a one month old son. He was granted his US Cit...

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jfloyd0268
New Member

Joined: 29 Apr 2008
Posts: 1
Location: Kansas City

Posted: Tue Apr 29, 2008 8:20 pm

1) I am a US Citizen residing in Kansas City. My wife is a Canadian residing in Quebec City. We were married in March 2007 in Hawaii.

2) We have a one month old son. He was granted his US Citizenship through the US Consulate in Quebec City.

3) I have filed the I-130 and we are waiting for it to be processed.

Given that information can you tell me?

Can my wife come into the USA as a visitor under the same rules as I have been going to Canada.basically can she come and stay for 6 months at a time, then return to Canada and come back until we get the I-130 approved.

She is living with my mother in-law and I have been coming up to Canada every week to be with her and my son. However we want to be at our home in the USA, but if she can come in as a visitor and just return when required it would sure be nice.

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 967
Location: North Carolina

Posted: Wed Apr 30, 2008 3:15 am

Technically, she is allowed to visit the US for up to 6 months, provided she can prove to US border patrol that she has ties to Canada and that she will not be staying illegally in the US. This is rather difficult for spouses of US citizens to do sometimes, especially if they have a child together. US border officers would consider any ties to the US stronger than her ties to Canada. Especially if she doesn't have a job, mortgage etc etc etc.

She could use the fact that you've petitioned for her already with the I-130 as ties to Canada, because she'll have to interview for that in Montreal, but even that doesn't always work.

I'm not saying its impossible, just expect to be grilled horribly at the border when she tries to cross. And don't bring boxes and boxes full of her personal belongings. Only bring what would look necessary for a short stay. And never lie to a border official. They can make your life miserable when they finally drag it out of you!
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