Forum	Title	Content	Member	Sex	Country	Date/Time
Canada	Blue Water Bridge	The Blue Water bridge connects 402 to I69 [towards Flint] The Ambassador bridge connects 401 to I94 [Detroit area] I got the two of them mixed up. So... has anyone had any problems at the Ambassador bridge? I think this one is more common than the BWB so maybe my hubby and I will take this one. The Ambassador Bridge is a very busy crossing and is known for being of bad temperment... If I were you I would use the tunnel if you want to go through in Detroit...	zyggy	Not Telling	Canada	2006-07-27 07:27:00
Canada	Moving question	Yes.. it is CBP Form 3299... With a copy of her visa and I-94...	zyggy	Not Telling	Canada	2006-08-24 13:26:00
Canada	Passport	A passport is an absolute must.. she has to get one and pronto...	zyggy	Not Telling	Canada	2006-08-28 14:06:00
Canada	Canadian Birth Certificate	If you have the short form and the letter from the provincial officials stating that the long form is not available for you, then that is okay... you made the effort to get the information. I would also bring your adoption decree that states the names of your adoptive parents as well. Edited by zyggy, 29 August 2006 - 12:20 PM.	zyggy	Not Telling	Canada	2006-08-29 12:19:00
Canada	DCF or CR1 Domicle	Yes i have filed US taxes every year even if i filed a zero when i wasn't working. I have no RRSP or anything and the money we get from the sale of our house will remain in Canada in our bank here. I'm not a Canadian citizen so i won't have to file taxes forever in Canada thankfully but I know my husband has to. We won't make much on the sale of our house because it hasn't been that long since we bought it. We might make $5000. Actually Canada isn't like the US... once you emigrate.. you never have to file another Canadian tax return again... until you go back...	zyggy	Not Telling	Canada	2006-08-30 07:43:00
Canada	DCF or CR1 Domicle	Tracy, I'm a U.S. citizen who lived in Canada for decades and became a Canadian citizen. When I decided to move back to the States, I sold my house in Toronto. After being in Jersey several months, I accepted a marriage proposal from my Canadian boyfriend. He's in Toronto now, waiting for Package 3. As an American, I've always been obliged to file tax returns in both countries. You know about this, right? So it was a surprise to find that I still have to file in Canada simply because my husband lives there! The other surprise was that my RRSP will shrink to roughly 1/3 its size after it's taxed on both sides of the border. There are tax implications for Americans returning from Canada and I hope you can sell your house and cut ties without getting wacked too hard! Jersey Girl.. 1) You do not have to liquidate your RRSP when you enter the US... You can just keep it there and let it continue to grow without paying a cent of US taxes. There is an IRS form where you report the amount that you have in the account each year.. you will be taxed on it when you eventually withdraw it. There are lots of people on here who still have their RRSP's and haven't touched them when they immigrated to the US... 2) You cannot be taxed twice on the same income. The US Canada tax treaty does not allow that... Edited by zyggy, 29 August 2006 - 08:56 AM.	zyggy	Not Telling	Canada	2006-08-29 08:56:00
Canada	Went for my medical in London Ontario	Thank goodness for you guys posting your experiences.. Dr. Seiden it will be for me when the time comes. Question though.... if they do get 'touchy feely', is it possible to ask for a nurse to come in the room? Has anyone ever done this? Or will they simply say that they are no longer comfortable examining you and tell you go away. I had a doctor do this in a clinic once, when I asked if it were possible to have a female doctor instead. The doctor I went to in Halifax made sure his female receptionist/assistant was in the room (on the other side of the curtain) when he did the physical exam part of the medical, presumably to ensure that he couldn't be accused of anything bad afterwards. People have to understand that this is a typical full scale medical, a peek or brief examination of genitalia is to be expected. What doctors are panel physicians/able to do visa medical exams in or near Ottawa? 1) WHy the size... 2) Why don't you check the Montreal Consulate in the Embassy Info on the top of the page... you may find some of your answers there... Regardless... you should hold tight on what you need to do until you get Packet 3 from Montreal... Expect it in about a month or so...	zyggy	Not Telling	Canada	2006-08-30 11:51:00
Canada	Hotel info Montreal?	If you like spartan accomodations, for a decent price, we stayed at the Tour Centre Ville directly across the street from the consulate. Their number is (514) 866-8861	zyggy	Not Telling	Canada	2006-08-30 07:41:00
Canada	Car to the US- Duty??	question...if you car isn't duty exempt, would they only collect duty at the border? or is it when you change over the registration? only asking as they didn't ask for anything relating to the car or my dogs when i crossed. (i keep telling the dogs to stay low as they are illegal ) k It is collected at the POE. If you didn't have the money, they would have had you place it in a bonded warehouse until you did have the money. ... However, in your case, they probably chose not to collect it... In the US, CBP's focus is security, not revenue collection.... so they let a lot of duty slide when it's a relatively small amount (less than $1,000 or so) and it's an individual paying... They would rather put their resources out in primary and secondary looking out for bad guys than having officers sitting in secondary filling out reams of paperwork to collect a few hundred bucks in duty... In Canada, it's a little more the opposite... Edited by zyggy, 29 August 2006 - 07:44 AM.	zyggy	Not Telling	Canada	2006-08-29 07:42:00
Canada	Renewing My Passport	The list of acceptable guarantors in the US includes the following Doctor Dentist Attorney Notary Public Pharmacist Police Officer, Judge or Magistrate Veterinarian Signing Officer of a Bank or Trust Company Edited by zyggy, 05 September 2006 - 03:50 PM.	zyggy	Not Telling	Canada	2006-09-05 15:49:00
Canada	I-864 need to be notarized?	The new I-864 does not need to be notarized... if it did, it could be done at the consulate as long as the sponsor was there. Edited by zyggy, 06 September 2006 - 11:30 AM.	zyggy	Not Telling	Canada	2006-09-06 11:29:00
Canada	Getting an RRSP out of Canada	You will have to report the RRSP withdrawl as income. However, you can 1) Claim the 25% witholding as a foreign tax credit with the IRS 2) File a Section 217 return with the CCRA to get a portion of the 25% back. So you should get a big chunk of what they took back... Beware, you can only take a portion of the 25% as a foreign tax credit each year, depending on your income and deductions.. so it may be worthwhile if you do take out your RRSP, to figure out the maximum foreign tax credit that you can get and then take out only that amount in yearly increments. Edited by zyggy, 06 September 2006 - 11:35 AM.	zyggy	Not Telling	Canada	2006-09-06 11:33:00
Canada	Government of Canada	I filed taxes right around the time I knew I was going to be leaving for the US and I just didn't check off the box for the GST and they never sent me anything.... It depends when you left... You have to be a resident of Canada the day the benefits are paid.. if your leaving Canada date is before those dates, then they will ask for the money back. If it's after the last payment date, then they won't ask for the money back...	zyggy	Not Telling	Canada	2006-09-08 09:14:00
Canada	Government of Canada	Even if you tell them you have moved, the CRA will not stop paying your GST and Child Tax Benefit. 1) This is one reason to keep your Canadian Bank Account Open until you have finished all of your business in Canada 2) Keep the payments in a separate account. Once you file your Leaving Canada Tax Return, they will send you a bill for the moneys due to them.	zyggy	Not Telling	Canada	2006-09-08 09:05:00
Canada	Passport/Visa Pictures	Canadian Specs is 2" wide and 2-3/4" long American Specs is 2" x 2" Edited by zyggy, 08 September 2006 - 09:18 AM.	zyggy	Not Telling	Canada	2006-09-08 09:17:00
Canada	Passport/Visa Pictures	The specs are the same now. When did the specs become the same? Dang, back in Jan when we filed, we went to a place in Ottawa and they goofed and shot hubby's pics as Canada size and not u.s. and we had to do a re-take. Is this recent news they are now all the same? The specs for Canadian and US Passport Pictures are definitely NOT the same...	zyggy	Not Telling	Canada	2006-09-08 09:00:00
Canada	Ex-spouse & children	Actually... if you apply for naturalization and they are under 18 and are perm residents, they automatically get US Citizenship due to your naturalization. So you never have to actually apply for it for the kids... And if you do not apply for permanent residency for the children as K-2's, they will be out-of-status. So you must apply for permanent residency for them if they are going to stay with you. My contract law is a little rusty, but I don't believe that such a clause could be enforceable as it would go against the intent of the rest of the contract, which is to permit the children to live with you.... Edited by zyggy, 07 September 2006 - 07:58 AM.	zyggy	Not Telling	Canada	2006-09-07 07:57:00
Canada	Post dated visa	Got our NOA2 yesterday..... in less than 27 days of submission!!! Of course I am ecstatic, but now I am worried that the process is going to go way faster than I thought and I'll get an interview much sooner than anticipated. My fiance is being deployed in January and doesn't get back to the US until next July, at which time I plan on moving down there to get married. But at this rate, I may get an interview before xmas and the visa will only be valid for 6 months..... Does anyone know if the Consulat will post date the visa for later seen the circumstance? I guess I could always drag my heels after receiving packet 3, and take my sweet time in returning it.....is there a time frame I have to get this sent back? We had a similar situation. A while back we had to put the brakes on our journey. This was about the time I received packet 3. I called them to inquire because at that time I didn't know how long I might need. They told me I had one year. So you should be fine. In the end we got packet 3 in April and I didn't return it until the end of July! There have been no problems so far because of the delay. Also, keep in mind you have six months to enter but you can get a four month extension. I also recently asked Montreal about this. They told me if I was concerned nearer the time of my interview to ask about an extension when I go for the interview. Hope this helps! Good luck!! There is no 4 month extension... Once the visa is issused, you have 6 months.. period. However, you can somewhat slow down the process yourself by taking you time in getting your documents from the Packet to them. They will not schedule the interview until you send them the checklist stating that you've got everything... Rememeber that Montrteal is taking about 4 months to even schedule an interview. It'll be at least a month so until you get Packet 3 from Montreal. - That takes you into October.. If you delay a month to send the checklist back, that takes you to November. $ Months from November is March... If the visa is issued then, you have plenty of time for July... So don't sweat it.. you have plenty of time to get what you want done...	zyggy	Not Telling	Canada	2006-09-08 09:09:00
Canada	My husband received packet three from Montreal	My husband received packet three in Canada. What parts of that packet do we return to the consulate to get our interview, and what parts do we keep and present at the interview? I'm not in Canada, so I can't look at the paperwork - and since I'm the one who's been dealing with all of this, the paperwork is confusing my husband. Can he fax and mail the checklist to the embassy? Does he need to return something else besides the checklist? Thanks! Green The DS-230 must be submitted immediately. Montreal will not schedule the interview until they get the Checklist. Montreal does not accept faxes.. everything must be mailed in..	zyggy	Not Telling	Canada	2006-09-11 14:23:00
Canada	Another vehicle import question	· Trucks....................................25% Hey Zyggy, Is this 25% for non NAFTA (foreign made) or for US/Canada manufacured as well? The duty only applies to vehicles that were manufactured outside the NAFTA area (US, Canada and Mexico) Also note that some pick-up trucks are still considered an Auto... ALso, importing a car is something you really should do yourself as there is additional paperwork that needs to be filled out for importing a vehicle. If you have someone else do it for you, you could run into problems. If I were you.. I would take the vehicle yourself, and have someone follow with your personal effects. Much easier bureaucracy wise... Also a CBP Officer may be less likely to assess the duty if the owner is standing there than if a proxy was standing there... Edited by zyggy, 12 September 2006 - 10:08 AM.	zyggy	Not Telling	Canada	2006-09-12 09:45:00
Canada	Another vehicle import question	As your truck was not manufactured in the US, it is subject to duty... Whether they choose to collect it is another matter... The following duties are based on market value... and usually you declare the market value... · Autos......................................2.5% · Trucks....................................25% · Motorcycles, mopeds up to 700 cc..……………Free 700 to 970 cc.……………2.4% over 970 cc……………...Free · Trailers………………………Free Duty rates are based on the market value of the vehicle and those rates are subject to change on an annual basis.	zyggy	Not Telling	Canada	2006-09-12 09:19:00
Canada	Best Point of Entry	On the contrary... the INA does allow the CBP to be the judge and jury on who is permitted into the US and who is not... there is no judicial review of their decision... at the POE, CBP is the sole arbiter of who is permitted entry into the US... As a former CBP officer, you may have thought you were treated unfairly.. I see that the officers were trying to see if you were telling the truth... The fact of that matter is that people lie all the time to meet their own ends. The reason there is a CBP is to keep people who do not belong in the US from being in the US.... aliens that have immigrant intent do not belong in the US... The fact that you had a relationship with a US Citizen made you more likely to have immigrant intent and therefore inadmissible.. The accusations that you speak of is a common interrogation tactic called misdirection... It's awful hard for people to keep a false story straight over a period of time... so they were trying to take bits of your story and apply it to your partner in a rapid fashion... if your stories were straight, the individual being interrogated would correct the officer to what is the correct set of circumstances... if your stories weren't straight, you would probably slip up... I'm sorry to say that what you percieve as being treated "unfairly" was in fact an interrogation by CBP and probably ICE. Interrogation by its very nature is a very unpleasant thing... which is why if someone is lying, it will eventually come out during the interrogation... peole aren't going to let their guard down and let the truth come out over a nice cup of coffee and a gentle conversation... the fact that they let you go meant that they were satisifed with your stated intentions... but looking at your other thread, it appears that their read on your intentions was not out of line... CBP was doing their job.. I'm sorry if it offended you for what you perceive to be a "minor" thing... but the next set of persons who go through the same thing may not have the best of intentions... You say that you are were a "law abiding citizen".... how was CBP to know that you weren't trying to smuggle your boyfriend into the US to live.. or work.. that basically you were lying to their face... Your looking at the whole scanario through the prism of your own set of circumstances and experiences... try stepping back and looking at it from the other side of the fence and get the entirety of the picture of what was going on... CBP sees thousands of people like you every day for only a few minutes at a time... they have a split second to decide who is a risk and who is not... CBP has one of the most difficult jobs in law enforcement... You should be glad that CBP is protecting the country from those who have no business being here... sorry that you got caught in the buzzsaw, but it's a necessary evil in the broader goal of protecting our country.. Edited by zyggy, 13 September 2006 - 08:37 AM.	zyggy	Not Telling	Canada	2006-09-13 08:00:00
Canada	CPIC	CPIC is all you need... if you are convicted of a sexual offense.. it will appear on CPIC..	zyggy	Not Telling	Canada	2006-09-12 09:20:00
Canada	Marrying on Visitor Visa (Ontario/Quebec Canada)	[quote name='evergreen' date='Sep 13 2006, 10:47 AM' post='442869'] Not knowing that AOS was an option, we opted for him to return to Canada - again, because we understood that Canadian visitors were allowed six months - and his six months were up. We never intended (and, to the best of my knowledge) never did anything illegal. We filed the I-130 and I-129 like everyone else, and waited our turn to be together again. {/quote] Incorrect.. Canadians are allowed to be given a term of authorized stay of as much as 6 months. The actual period of authorized stay given to that individual is up to the discretion of the CBP... The CBP gave your fiancee an authorized stay of only 3 weeks. Any stay longer than that is time out-of-status... Whether one accumulates out-of-stauts time that could generate a ban if an application to extend the period of authorized stay is pending is open to interpretation. If one has an application pending.. that time is still considered out-of-status, but you are permitted to remain in the US while the application is pending. If the application was denied, your fiancee would have been placed in removal proceedings or given the opportunity to leave voluntarily... How your circumstances play out due to the fact he left the US before the application is adjudicated is also open to interpretation... Long story short.. a lot of gray area.. not exactly the place you want to be for an expedient resolution to your situation Edited by zyggy, 13 September 2006 - 10:08 AM.	zyggy	Not Telling	Canada	2006-09-13 10:02:00
Canada	Montreal Embassy Form Change	Actually that info is for those persons getting a visa from the Non-Immigrant Visa unit. Since K visas get their visas from the Immigrant Visa Unit, that information does necessarily apply... I would cotinue to follow the directions and use the forms that are given in Packet 3. If this policy does apply to the Immigrant Visa Unit, they will include it in their instructions. zyggy.. how do you know it's from the non-immigrant unit? and how do you know that K visas are from the immigrant unit? i feel like a complete dumbass trying to make heads or tails of that site!!! help a poor girl out! Mo K visas, while technically are non-immigrant visas, are processed by the Immigrant Visa Unit at consulates since they lead to permanent residency. The rules on how each processes applications are different. Generally, and in this instance, the instructions that are out on the public website (on-line appointment times, forms to be filled out, etc.) are for those individuals who are dealing with the Non-Immigrant Visa Unit. Specific directions on how to fill out forms, appointment, etc. from the Immigrant VIsa Unit are given in the Packets from the Immigrant Visa Unit. Individuals who are dealing with the Non-Immigrant Visa unit do not get packets. They just fill out the forms and arrive at the Consulate at their scheduled time that they scheduled themselves on-line.	zyggy	Not Telling	Canada	2006-09-19 15:43:00
Canada	Montreal Embassy Form Change	Actually that info is for those persons getting a visa from the Non-Immigrant Visa unit. Since K visas get their visas from the Immigrant Visa Unit, that information does necessarily apply... I would cotinue to follow the directions and use the forms that are given in Packet 3. If this policy does apply to the Immigrant Visa Unit, they will include it in their instructions. Edited by zyggy, 18 September 2006 - 02:27 PM.	zyggy	Not Telling	Canada	2006-09-18 14:24:00
Canada	K3 Montreal Package 3	No part II.. it's for an immigrant visa only... and yes.. a DS-156K is only for a K1 visa... Edited by zyggy, 19 September 2006 - 09:58 AM.	zyggy	Not Telling	Canada	2006-09-19 09:58:00
Canada	Travelling with/without AP	If you leave the US without AP before you get your GC (only exception is K3), you won't get back into the US... period... and you'll have to start from scratch with an I-130. Friends don't let friends leave the US without AP... One correction needed. If the non-USC spouse is a H1-B holder, then it is OK to leave US without AP (so long as employed with same company). (admittedly, the original visa/status is not marriage-related in that case) Agreed Sriniv... but I don't think that's what she was getting at... heh.. good to see you around again my friend.. hope things are going well	zyggy	Not Telling	Canada	2006-09-19 10:00:00
Canada	Travelling with/without AP	If you leave the US without AP before you get your GC (only exception is K3), you won't get back into the US... period... and you'll have to start from scratch with an I-130. Friends don't let friends leave the US without AP... As to your second comment, what that means that the AP is not a guarantee of admission if one is inadmissible to the US for whatever reason. Committing a crime of moral turpitude or having a ban on reentry for overstay are two things that immediately come to mind. Edited by zyggy, 19 September 2006 - 09:56 AM.	zyggy	Not Telling	Canada	2006-09-19 09:55:00
Canada	Police Record - Canada	Yes.. the three month timeline is typical for the fingerprint check. If you want it done faster, you'll have to go to Canada in person and get a name based check from the RCMP...	zyggy	Not Telling	Canada	2006-09-21 07:45:00
Canada	Augh!!! Interview Friday, No W2!!!	If you read the I-864, a W-2 is required if you are submitting a copy of your tax return or are submitting a joint tax return and only wish to include your income. If you have tax transcripts, then a W-2 is not required.	zyggy	Not Telling	Canada	2006-09-25 08:52:00
Canada	Length of stay for Canadians	Nope.. not NAFTA.. NAFTA deals with trade of goods and services... regulations regarding visitors are not necessarily governed under NAFTA... Business visits ARE regulated by NAFTA... Personal visits are not... I found a NAFTA section that discusses business visits but do not see anything about personal visits. You may be right about all this, although NAFTA is not easily navigable and I am having a lot of trouble figuring out how it all works. I believe that the treaty that established the initial definition of visitors having free access between the two countries (and what I believe still controls it in regards to personal visits) as visitors is Jay's Treaty.. From what I remember, there have been subsequent conventions under Jay's Treaty between Canada and the US that have set an interpretation of a visitor as a person who spends less than 6 months in the US (and consequently in Canada)... someone can spend more time in the US as a visitor if they can prove to the US Government that they are still entitled to that status by showing evidence proving their intention in the US is still as a visitor and not as an immigrant. They do this by applying for an extension... You mean Jay's Treaty of 1794? I wonder why I still remember it. Although that treaty may still apply, I'm sure that it's been augmented by various rules and regulations. The question is, how in the world do we find these rules and regulations that have no doubt augmented it... that is, if NAFTA does not in fact apply to visitors. Shouldn't the FAM cover this at least briefly? I don't see anything in it on this subject. Chuckle... You probably still remember it because the US got screwed in terms of trade and free movement of shipping in the West Indes and gave into the British in regards to trading with enemies of Great Britain even if the US was a neutral. A point that the Jeffersonian faction took exception with being that they were allied with France... It only passed because Washington forced it through due to his assessment on the realpolitik in regards how the US could survive the retribution from Great Britain if it rejected the treaty... Even though Jay was weak in regards to trade (which he probably had to be... it's not like the US was in a great position of strength at the time), he won in regards to the free movement of people between British North America and property rights for US Citizens and British Subjects in both jurisdictions although at the time this provision probably favored the British as well... I agree that this area is quite nebulous and getting the cites are hard to come by due to various buried agreements and conventions that are but a footnote to history... The FAM doesn't cover it because the State Department aren't concerned with giving visas to Canadians because they are the only class of people that are permitted to visit the US without a visa due to Jay's Treaty. The AFM doesn't cover it because it doesn't deal with adjudication of petitions. They only people who really have to deal with it is CBP... and I don't think the CBP Immigration Inspector Field Manual (It's probably something different now) has been released to the public... I'll keep looking, but it'll be a long, hard slog... Edited by zyggy, 25 September 2006 - 03:30 PM.	zyggy	Not Telling	Canada	2006-09-25 15:12:00
Canada	Length of stay for Canadians	Nope.. not NAFTA.. NAFTA deals with trade of goods and services... regulations regarding visitors are not necessarily governed under NAFTA... Business visits ARE regulated by NAFTA... Personal visits are not... I believe that the treaty that established the initial definition of visitors having free access between the two countries (and what I believe still controls it in regards to personal visits) as visitors is Jay's Treaty.. From what I remember, there have been subsequent conventions under Jay's Treaty between Canada and the US that have set an interpretation of a visitor as a person who spends less than 6 months in the US (and consequently in Canada)... someone can spend more time in the US as a visitor if they can prove to the US Government that they are still entitled to that status by showing evidence proving their intention in the US is still as a visitor and not as an immigrant. They do this by applying for an extension... It is one thing to do this in the US.. it is quite another to stay in the US for 6 months, go back to Canada and subsequently try to reenter the US without a significant amount of time in your home country. As you stated, this would be done on a case-by-case basis. Based on that inspection, the CBP would then decide whether to give the alien another 6 months, give a shorter authorized period of stay that better fits their intentions, or not admit them at all... Edited by zyggy, 25 September 2006 - 02:52 PM.	zyggy	Not Telling	Canada	2006-09-25 14:47:00
Canada	Length of stay for Canadians	the information is found on the CBP.com website Canadian citizens generally are not required to have a visa or a passport and may visit the U.S. for up to 6 months. However, Canadians must be able to prove their identity and citizenship to enter the United States. CBP will accept either a birth certificate, citizenship certificate or passport as proof of citizenship. If the Canadian citizen does not have any of these because they were lost or stolen, we emphasize that the burden of proof is on the traveler to prove that they are Candian citizens. Copies of correspondence requesting a replacement of documents, etc. might be accepted, but it is up to the CBP officer to determine whether or not such paperwork meets that burden of proof. Canadians coming as a Treaty Trader (and family), Fiances/Fiancees (and their children)and spouses and children of legal permanent residents are required to have a visa to enter the U.S. Right, but where does it say that the aggregate length of the visits to the US cannot exceed 6 months in a given year? Yes, but if you did that, it would be relatively hard to prove that you didn't have a greater tie to the US wouldn't it... If you're spending more than 6 months a year in the US, it would be assumed that your greater tie was to the US than to Canada... Sure, although it would depend on the reasons that you need to be in the US for that long. In any event, that question is presumably dealt with by the CBP at the time the alien enters the country. If CBP grants a Canadian a 6 month stay, the Canadian then leaves for a few weeks, comes back and is again granted a 6 month stay, there does not seem to be a problem under the law. In other words, there is no statute or a regulation that limits the aggregate length of stay under the tourist visa to 6 months in any calendar year, correct? Actually the deal between the US and Canada is covered by treaty... I'll have to look it up...	zyggy	Not Telling	Canada	2006-09-25 13:40:00
Canada	Length of stay for Canadians	Thanks, Evergreen. Would you mind posting a link to the source of the above quote. Judging by the above, it sounds like you are allowed to spend more than 6 months in the US per year as long as your specific facts and circumstances do not cause CBP to think that you are a de facto US resident. Extending stay requires submission of an I539, if memory serves and processing of that can take from 30-90 days. So, it'd be something that would have to be submitted well in advance of the expiry date, I'd imagine. Agreed, but that's not the question, however (I didn't phrase it correctly). The question was whether there is a limit of 6 months per stay or per year, whichever comes first. From what I've read at this point, it appears that there is NO such 6 month limit per year. In other words, as long as CBP is satisfied that the person is not becoming a de facto US resident and grants 6 month stays every time, there does not seem to be a problem under the law with a Canadian citizen entering the country as a visitor for 6 months, leaving for a week, then coming back as a visitor for another 6 months. Yes, but if you did that, it would be relatively hard to prove that you didn't have a greater tie to the US wouldn't it... If you're spending more than 6 months a year in the US, it would be assumed that your greater tie was to the US than to Canada... Edited by zyggy, 25 September 2006 - 11:55 AM.	zyggy	Not Telling	Canada	2006-09-25 11:54:00
Canada	Work Visa in US then marry a USC	There is one problem... a TN is not available to those who have immigrant intent (which you've already tipped them off that you have by filing the I-129F petition) If you were to make a misrepresentation to the CBP in the coruse of getting the TN status, it could come back to haunt you. (Witholding information when a question is asked is also considered a material misrepresentation) However, the scanario that you describe... if a Canadian got a TN for work.. met someone while they were in the US, got married.. then yes, it would be appropriate for them to file the I-130 and I-485 for AOS in the US. In this case, there was no immigrant intent on the part of the alien when the status was given... the immigrant intent happened only after the alien was already in the US... Edited by zyggy, 27 September 2006 - 08:36 AM.	zyggy	Not Telling	Canada	2006-09-27 08:28:00
Canada	Other options?	Sorry Cherry.. I know about those two options... I was talking about permanent residency.. as he is not a citizen, she could not become a PR through him by marriage (like most people on here, unless he was to marry her and got a work related GC)... I should have been more clear as this is not a topic that is usually discussed on here (but know you have extensive knowledge of due to your own experiences)... Thanks Zyg	zyggy	Not Telling	Canada	2006-09-28 07:35:00
Canada	Other options?	Mo... I agree with you in the sense that the OP would have no way of adjusting to get legal immigrant status since the OP is not a citizen.. it doesn't stop her from shacking up for a period of time that is not permitted under her duration of stay... e.g by staying inside of the US for more time than outside of the US, basically living here without the proper status... her travel patterns would give the appearance of immigrant intent... If I saw it on the screen, it would make me do a double take... that's what I'm worried about... that her tie to her TN bf will compel her to stay for a lengthly period of time (or make a material misrepresentation to acheive that goal) and bring the attention of CBP when she enters and perhaps other agencies... hate to see her lie to gain entry and find herself with a permanent ban... Edited by zyggy, 27 September 2006 - 12:41 PM.	zyggy	Not Telling	Canada	2006-09-27 12:40:00
Canada	Anyone try traveling to the US while DCF is in process?	the kids enter the United States as Canadian citizens because that is what they are..... And see, this is where I'm totally confused. I understand that they're US citizens by birth (which I quite honestly didn't understand until recently), but the US recognizes dual citizenship. They don't give up their Canadian citizenship when they claim their US citizenship, so I'm not sure why they cannot enter as Canadian citizens. Maybe by being US citizens also they MUST enter as such...? Funny thing is I never would have known ANY of this if we hadn't started the immigration process for my husband. What would have happened if, say, a few years from now when my kids are a little older, we were traveling to the States on holiday. Would they seriously have prevented them from entering because we never filed for documentation of their citizenship? This just isn't one of those things most folks know to do. I actually thought that they would have to apply for their US citizenship because they were born on foreign soil and had prepared I-130s for each of them to submit along with my husband's. Yeeesh. This is where you have been misinformed... The US does NOT recognize dual citizenship in that if you are a citizen, the US only recognizes you as a US Citizen and does not acknowledge your other citizenships. They recognize dual citizenship in the fact that they cannot control how another country recognizes their own citizens. But the US only recognizes you as a US Citizen if you are a US Citizen. if you are a US Citizen, then you MUST enter as a US Citizen. There are only two types of entries .. as an alien and as a US Citizen. A US Citizen cannot enter the US as an alien, period. Most CBP officers understand that most people don't know what it takes to get their children registered and such until some point in time that they actually need to get the proof... But as I said, the first time they recognize it, they'll tell you to register the birth at the consulate. They will likely make a notation of that on their system. If you haven't acted on the suggestion the next time that you visit, they'll be a little harder on you. All I'm trying to do is save you some potential grief. What you've gone through is much like those individuals who keep on going over the border to visit their fiancees without knowing about the immigrant intent provision of the law. You never know if the next time is the time when you are going to get in trouble. Just trying to save you some potential headache at the border. Edited by zyggy, 21 March 2006 - 08:39 AM.	zyggy	Not Telling	Canada	2006-03-21 08:35:00
Canada	Anyone try traveling to the US while DCF is in process?	All US Citizens must enter the US as US Citizens as the US does not recognize the other citizenship. For small children (younger than 2 or 3) it may not be much of a deal, but if the children get any older, a CBP officer may go into a tizzy over it. The first time they'll probably give you a warning and tell you to get it. If you don't have it the second time, they probably won't let you in until you do it. Get the Consular Record of Birth done as fast as you can, preferably before you leave for the US. I'd hate to see you have to fly back home because of it. The child IS a US Citizen.. you just don't have the evidence that it is... Ok... but if this is just a 10-day holiday, why would they not allow them in just as visitors, like any other Canadians who are there for vacation? Because their mom is a USC? There's no way we'll get the records of birth done before we leave - we may get to the Consulate to file, but I'm not sure what processing times are and we're leaving next Thursday. And... another question... should we make it known that we've filed an I-130? Will this come up when they scan my passport? I want this to go as easily as possible... if there is anything I can say (or not say) to further that, I'd love to know it in advance. They are US Citizens and must be admitted to the US as US Citizens.... They cannot be admitted as alien "visitors"... sorry, that's the way it works... You are either a US Citizen or an Alien. You cannot be both. If you're a USC, then you cannot be an alien and therefore be admitted to the US as such. Yes.. if their mom (or dad) is a USC, they will reasonably assume they are USC's. The processing time for a consular record of birth is pretty fast... they may do it for you when you're there, like the I-130 or have you pick it up later in the day... Like I said, if the children are relatively young, they probably will be lenient on it and let you know that you do indeed need to file for it. If you don't do what they say the second time, there could be problems. But I'm of the opinion that if you have the ability to take care of a potential problem before hand, then you should take the steps to do it. If you have the necessary items to file for the Consular Report of Birth, you should do it before you leave. They probably won't know about the I-130 because you did it through consular processing, unlike if you did it through USCIS where they would know. All you have to say is that you live with your USC spouse in Canada. That in itself will take away the Immigrant intent aspect of things. In addition, you should go through the CBP immigration checkpoint as a family. That is, your USC spouse should downgrade themselves to the Non-USC line and go through with you. If it does come up, just tell them that you're going through the Immigrant Visa process and are awaiting your interview in Montreal. Edited by zyggy, 20 March 2006 - 04:12 PM.	zyggy	Not Telling	Canada	2006-03-20 16:08:00