Visting my husband in the US

[shecan]

Reba,
I'm a canadian citizen and I want to visit my husband in Boston for 6 months. He is a greencard holder and has not processed the spouse visa because it takes a very long time. We have a 3 month old baby born in Canada. What are the chances that me and my child would not be allowed entry if the border officer knows that my husband is a resident of America?

There was a suggestion by a friend to go with just my child and simply say that i'm visting a friend to gain entry into the us. We are not very comfortable with that idea because once my husband becomes an US citizen, he would include me and my child and it might affect the process in the future if they knew that i had crossed the border without declaring my husband's status.

Would you please advise the best course of action for me? Our intention is to migrate legally to the US which means I do not want to overstay too.

Thanx

[lawsrlaws]

Two options:

One: Call the Port of Entry where you are going to cross and ask what their particular policy is for you to visit. The problem is that you need to have sufficient tie to Canada ie...a house, job, bills. If you do not have these, they will be wary. You don't have to leave your name if you don't want to. At my POE if you call, there is a good chance they will accomidate your request. (all ports vary)

two: The most common path. Lie. Just like your honest friend has advised you. This usually comes with the 75% chance you will get caught, charged with fraud, and removed from the USA for a 5 years. This would also entail you to get a waiver in the future before getting an Immigrant Visa.

It's your call. Choose wisely. The call is free.

[Steven]

What are the chances that me and my child would not be allowed entry if the border officer knows that my husband is a resident of America?

You need to have as much evidence of non-immigrant intent as you can. If you show up at the POE with your dog, your cat, six suitcases and say you're staying for six months with your LPR husband, expect to get denied.

If you show up with proof you intend to return, such as a return plane ticket, and you have something to show proof of funds to cover the trip, e.g. a current bank statement and proof of abode in Canada, e.g. utility bills, lease agreement, property title etc. then you've got a reasonable chance of being allowed entry.

The warning at the bottom of this webpage is worth reading: http://www.consular.canada.usembassy.go ... lative.asp

[Reba]

I wouldn't recommend lying EVER to US CBP. They'll eventually catch you in it and make your life miserable!

If you have ties to Canada (ie: own a home and pay mortgage, utility bills, etc etc) and have a job to get back to (are you on mat leave currently?) these will all help, but there is NO Guarantee.

What nationality is your husband? Is he also Canadian? Were you married before or after he rec'd his PR status? How did he get his green card?

[Steven]

As I mentioned before they definitely will catch you in a lie sooner or later because they keep those records for 75 years and I defy anyone to keep lying accurately about something they did decades ago. I can't even remember accurately how many times I've entered the US let alone what I said at the POE.

[shecan]

Hi,
Thanks a lot for your time.

I'm in my mat leave and have to join work in March 2010. However, theres no paper record to indicate that I should be joining work on such a date or month. How abt a letter from my employer?

We were married after he became LPR and he wud be applying for his citizenship this December. He got his greencard through work.

Thanks

[Steven]

So by April/May he would be a US citizen and could file an I-130 for you.

Yes, good idea to get a letter from your employer. Obviously it's July and March is more than six months away but even so it establishes non-immigrant intent.

You just need as much evidence that you reside in Canada and intend to leave as possible really, it's up to CBP to make a determination when you enter.