Dual citizen transferred to US, want to gf to live with me

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Re: Dual citizen transferred to US, want to gf to live with me

Postby skltor » Sun Sep 13, 2009 8:31 pm

By sponsorship I guess I meant more in terms of financial responsibility. I was going to provide proof (in the form of bank statements and pay stubs) that my gf would be supported during her stay as a visitor. I guess since it looks like we should be going through customs separately then having my financial information won't do anything.

So it sounds like my gf should not volunteer the information that she will be living with me; if she is asked directly, is she likely to get denied if she says 'yes'?

Also, if she is going through on her own can she still (should she) request an I-94 form?
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Re: Dual citizen transferred to US, want to gf to live with me

Postby Steven » Sun Sep 13, 2009 8:39 pm

I was going to provide proof (in the form of bank statements and pay stubs) that my gf would be supported during her stay as a visitor.


This is a basis for denial of entry - the visitor must be able to support themselves, she would need her own proof.

My advice on I-94s is that if you're visiting for a long time it can be a good idea to get one. The first reason why is that it helps convince CBP that you're going to leave because you have a piece of cardboard with the departure date stamped on it. The second reason why is that various people can ask to see the I-94 to prove you're legally in the US and they're ignorant of the fact that Canadian visitors don't need one. It comes up with banks, cops, things like that. The downside is that you must leave by the date stamped on the card.

Whether CBP will deny someone entry because they have a bf/gf in the US is entirely up to them. What they're trying to do is determine whether you have immigrant intent, that's something that indicates you have immigrant intent but it doesn't automatically lead to a denial of entry.
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Re: Dual citizen transferred to US, want to gf to live with me

Postby skltor » Sun Sep 13, 2009 8:58 pm

With the I-94 can my gf apply for an extension?

So it seems like the best thing for her to do is to travel by herself through customs, provide proof of her own finances, our rental agreement (her name is on the lease), and request an I-94. This sounds about right?
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Re: Dual citizen transferred to US, want to gf to live with me

Postby agnelson » Mon Sep 14, 2009 4:21 am

.. by rental agreement, you mean her appartment in Canada, right? Because without this, she won't be let in.
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Re: Dual citizen transferred to US, want to gf to live with me

Postby skltor » Mon Sep 14, 2009 10:28 am

Yes, it would be the agreement for our apartment in Canada.

Since she will likely only be in the states for a few weeks each visit between now and the new year, does it make more sense to wait to request the I-94 until the new year?
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Re: Dual citizen transferred to US, want to gf to live with me

Postby agnelson » Mon Sep 14, 2009 10:57 am

You typically don't "request" an I-94. Cdns don't get I-94s at the border for visitor status, and having one issued to her in B status is a sign that she is not trusted with being allowed to return to Canada of her own volition.

If you are asking is it better for her to avoid crossing the border all together at this point? Yes.

If she feels more comfortable having a date stamped B-2 I-94 in her possesion (to remind her not to overstay) than I guess she should get one everytime she comes down.
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Re: Dual citizen transferred to US, want to gf to live with me

Postby skltor » Tue Sep 15, 2009 2:20 pm

I definitely still want her to try crossing the border when we go down.

In regards to waiting to request the I-94 until the new year I was thinking that having the I-94 would make it easier for future border crossings after she returns to Canada for Christmas. Would she have to get a new I-94 each time she crosses the border?

From the sounds of it it seems the fewer border crossings, the better; so once she is in the states she should avoid trying to cross back and forth and then just apply for an extension before her 6 months are up.

Again, thanks everyone for your help. I realize that some of my questions are fairly basic understanding type questions so I appreciate everyone's patience and guidance.
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Re: Dual citizen transferred to US, want to gf to live with me

Postby agnelson » Tue Sep 15, 2009 5:36 pm

I-94 in B status is a one-use cared. It is handed back when you leave to Cdn offocer. Even if you keep it, it will not be honored on re-entry into US.

In actaulity, the more time she crosses the better; it gives better assurance that each time she enters, she leaves shortly thereafter -- not so much risk of overstay.
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