Opinions on this workaround...

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Cous7New Member
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Posts: 4
Joined: 8 Nov 2009

Opinions on this workaround...

Post Sun Nov 08, 2009 9:11 am

Hi All, hoping to get some advice on this. I am a Canadian and trying to find a way to be with my partner who lives in the US. I have decided to spend more time with her there however I NEED to work and pull in a little income for some personal expenses. I have exhausted all means of getting a temp work visa as I do not qualify under any of the NAFTA professions - I beleive this is just not an option.

I have now thought of a way but would like to see if there are any drawbacks to this idea. I have figured that if I can work here in Canada at my job for 10 days straight, then that will suffice in what I need for the month. The rest of the days of the month I go and stay there with her. So basically, work for the first 10 days of every month, then go over and stay with her for the rest. Back and forth.

Are there are concerns that I could have with border crossing?
Are there any legallies that I may be missing in the equation here?

This seems like a great temp option so that I we can be together more and not just on the weekends every other week.

Feedback?
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agnelsonCanuckAbroad VIP
Posts: 3263
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Joined: 26 Aug 2009

Re: Opinions on this workaround...

Post Sun Nov 08, 2009 3:08 pm

You can do whatever you want while in canada, and since you will be living in canada, you can enter US as a visitor as often as you wish.

The border may or may not grant you co-habitting status, but wiuth your ties in canada who cares?

Just be sure to count your days to keep your Pov health care.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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Reba

Re: Opinions on this workaround...

Post Mon Nov 09, 2009 5:14 am

After backing and forthing a couple or few times, they may deny you entry based on susupicion that you're trying to become "defacto immigrant" without proper paperwork. They'll get to know you and they will recognise you after a couple of trips.
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Cous7New Member
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Posts: 4
Joined: 8 Nov 2009

Re: Opinions on this workaround...

Post Mon Nov 09, 2009 7:01 am

Thanks Reba - but how come I have no problem now going on the weekends? I visit probably two of the four weekends a month. Could I not just be some rich kid that travels to the US a lot? I could be "seeing friends" or what not, no?

What is a "defacto immigrant" exactly? Is there any way around this that you can think of?
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agnelsonCanuckAbroad VIP
Posts: 3263
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Joined: 26 Aug 2009

Re: Opinions on this workaround...

Post Mon Nov 09, 2009 7:59 am

"but how come I have no problem now going on the weekends? I visit probably two of the four weekends a month"

That because when they interview you, and this is what you tell them, and the believe and trust you. It makes sense for someone to go to US on weekends, since they work during the week. You fit the typical visitor profile.

As Reba, said, when you start to exhibit a pattern that breaks with the weekend visitor mold, they will likely start asking for more specifics as to who you are visiting, what you source of income is, what is your Cdn living arrangement.
I gave you the way around it: Have lots of ties in canada, and be ready to document the the days you spend in ech country.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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Cous7New Member
Topic author
Posts: 4
Joined: 8 Nov 2009

Re: Opinions on this workaround...

Post Mon Nov 09, 2009 9:43 am

Good point.

Can I ask what you mean exactly by having lots of "ties"? Can I only be in the US for a certain number of days a year?

Also, do you think by just being honest and letting them know that I work in Canada for ten days of the month and then visit my partner for the other days? Does that seem too un-realistic? Is there any actual problem with that?

Thanks for feedback btw...
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Opinions on this workaround...

Post Mon Nov 09, 2009 10:04 am

Ties: lease, phone bill, job, family, utliities.

limit on days: NO, but the more you stay the more difficult to prove that the ties above mean that much to you.

being honest: yes, they are trained in detecting lies.

Problem: each CBP officer is different.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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Reba

Re: Opinions on this workaround...

Post Tue Nov 10, 2009 5:00 am

Problem: having US citizen partner in the states. CBP *always* considers that a stronger tie to the US than pretty much any tie you may have to Canada. However, if you have a full time job (which you can verify), a home you're paying a mortgage or lease on (which you can verify) plus other financial obligations (utility, phones, etc) that you are unlikely to abandon, then those are "ties to home country".

If you don't have those things, then after a couple of 2 week visits, you're going to be extra scrutinized.
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Opinions on this workaround...

Post Tue Nov 10, 2009 6:44 am

... and now cous7 you have come up against the Catch-22 that your same-sex relationship will likely NEVER lead to legal immigration into US (it took 25 years to allow HIVpos's to be admitted, to give you some idea), and yet you will be suspected of having intentions to immigrate EACH time you cross into US.

:roll:
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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Cous7New Member
Topic author
Posts: 4
Joined: 8 Nov 2009

Re: Opinions on this workaround...

Post Tue Nov 10, 2009 11:45 am

Ok well what if Im not going to stay with my partner...but my "friend". Can US Border Patrol prove that my "friend" is anything more? I will have a part-time job, be renting an apt, and actually have no intention on moving to the US. Perhaps one day if any laws change but its mostly easier for her to come here.

Could I not just be some rich kid who likes to visit friends in the US...A LOT?

Im trying to make this work here!

Thanks again to all.
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