Six month stay special situation

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bhemiNew Member
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Six month stay special situation

Post Fri Aug 19, 2011 10:03 am

My adopted child was born in the USA. We subsequently established a healthy and on-going relationship with one of her biological parents. We now have a whole new set of grandparents, aunts, cousins etc. I'm considering buying a place down there becasue we are traveling south 6-7 times a year and hotels are getting expensive. As a bonus my older son is attending college in the same town!

Question is this. My child has a valid US passport and we keep it up to date. She has every right to reside in the US as she is a citizen. However, she is a minor. If she wanted to do high school in the US could my wife spend September-June looking after her in our new condo? I would go back and forth because I would be running my business still. My wife wouldn't work and would still be covered by Canadian benefits. Is there a visa or permit that would let her stay 9 months a year?
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AGNCanuckAbroad VIP
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Re: Six month stay special situation

Post Fri Aug 19, 2011 11:43 am

Couple of points:
Your child's US citizenship does not give you any immigration benefit until they are 21.While your child has the right to live in US, you and your spouse do not. You have the responsibility of deciding where she will live, not her.
Your wife would not work in US simply because she would not be allowed to, not because of any choice on her or your part. If she left canada for more than 183 days in any 12-month period, she would lose her provincial health coverage in most cases.
Buying a place in US will not harm you in terms of being considered a Us resident. It will merely be like a cottage.

B2 visitor (which any CDn gets when crossing the border to visit) is still the only way to go down. You both would have no problem meeting the foreign residence requirement of B2. However, regular B2 entry is for six months at a time and repeated long entries will be prevented at border. there may be the possibility of extending the six months after initial entry, but these extensions are rarely granted, and this could only be done one time. Afterwards entry into US woul dalwys be scrutinized.

There is a relatively new "partner B2 or family B2" which while usually applying to common-law or same-sex spouse of a non-immigrant, but can be used by parents of non-immigrants, but for your spouse to use this the child would have to be a non-immigrant, not a US citizen. Partner B2 has the same residency requirements (which, as isaid, should not be a problem given the situation you describe), but allows for lengthy stays concurrent with the other family member's temporary status.
Perhaps your wife could apply for entry on the family b2, based on your son's non-immigrant status. You did not say what status he was in.

Otherwise, I would suggest that your and your spouse minimize your time in US to less than 183 days in any rolling 365 day period, by returning to canada as often and for as long as possible, perhaps leaving your daughter in the care of her relatives/brother for short durations, and/or having her come back to stay with you whenever possible.

You would need to keep meticulous records of your entries and exits, and always carry proof that your and your spouse live in canada full-time, and that you are not staying more than the allotted time. You would neeed this proof at the border, and for your provincial health system.
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CalGreenCardCanuckAbroad VIP
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Re: Six month stay special situation

Post Fri Aug 19, 2011 11:56 am

AGN wrote:Your child's US citizenship does not give you any immigration benefit until they are 21.While your child has the right to live in US, you and your spouse do not. You have the responsibility of deciding where she will live, not her.


Agree with all of AGN's points.

I would simply add an additional question: would there be any risk of the mother being accused of having immigrant intent? CBP might fear that the mother intends to simply stay in the condo until the daughter turns 21 and then ask the daughter to sponsor her.

In general I don't think that parents of US citizens face the same scrutiny for having "immigrant intent" that spouses do. In this case, though, I'm wondering if concerns would arise since so much of the family's planning seems to be centered on setting the daughter up to physically live in the USA.
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AGNCanuckAbroad VIP
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Re: Six month stay special situation

Post Fri Aug 19, 2011 12:03 pm

Given the fact that the child cannot sponsor, and the fact that the mother has a life and spouse in canada, I don't think the immig intent would be the stumbling block, depending of course on how close she was to 21. I'm guessing she is at least 6 years away. It would be the sheer amount of time being spent in US that might get her in hot water. The mother would in all likelihood be issued an I-94 (especially if granted partner b2), so she would not be under the radar.
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bhemiNew Member
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Re: Six month stay special situation

Post Fri Aug 19, 2011 1:23 pm

Thanks for all your thoughtful replies. My son is on a standard student visa attending USC where he is a junior. We are looking for some sort of visa that would let her stay beyond the limits of the standard B-2. I'm not interested in doing anything to jeopordize our ability to travel back and forth freely. We also have no intention of ever having her sponsor us in the US. I'm a happy Canadian with an American daughter.
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AGNCanuckAbroad VIP
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Re: Six month stay special situation

Post Fri Aug 19, 2011 1:33 pm

There isn't any other status, temporary or otherwise. I gave you your only option. you're lucky you have a son in school there, theregular B2 would be your only option, other than finding a professional job in US and moving there.

So, based on his F1, your spouse could try to get "family member B2", which would run the duration of his F1. It would be a stretch, but definitely doable.

She would still face the tax and healthcare issues.
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flames9CanuckAbroad VIP
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Location: Managua Nicaragua

Re: Six month stay special situation

Post Fri Aug 19, 2011 2:21 pm

And Yes this is WAYYYYY down the road and you said it wa snot something ur currently considering, but currently I believe it is quite a long wait for a family sponsored Greencard!! Nothing happens fast with family based immigration,lol
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lawsSenior Member
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Joined: 22 Jun 2011

Re: Six month stay special situation

Post Sat Aug 20, 2011 6:45 pm

"If she wanted to do high school in the US could my wife spend September-June looking after her in our new condo?"

As AGN stated, she would be on a visitors status and would have to maintain foreign residence, but, she would be allowed to care for her child while she is a minor. Only difficult part is talking to an experienced Officer that knows that part of the law.
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AGNCanuckAbroad VIP
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Re: Six month stay special situation

Post Mon Aug 22, 2011 8:20 am

Flames, parents of US citizen children are eligible for immediate green card (like spouses). At 21, she can immediately sponsor parents.
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flames9CanuckAbroad VIP
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Location: Managua Nicaragua

Re: Six month stay special situation

Post Mon Aug 22, 2011 9:25 am

Thast good to know!! But what is immediate?? With Spouses, one does not immedietly get a Green card, process for the CR-1/Ir-1 for Canucks is around a year or so. I'm now a USA citizen and if I wanted to sponsor my parents, my understanding it would still take awhile. But thats another question,lol My parents have no desire to move to the USA. And actually I'm much happier living in Nicaragua,lol Thanks
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