QUESTION:
Hi. I am a Canadian citizen who is planning to marry an American citizen.
My future wife's Ex-husband will not allow their daughter to cross the
border. So our plan is to live in the US. I have a good job in Canada, so we
would like to live close enough to the border so I could do this. WIll this
be a problem for me crossing the border? I will continue to work in Canada
and living in the US throughout my Fiance visa period, and application time
for perminent resident. I have heard from a few people that you must remain
in the US for an extended period of time. Is this true?
====================================
david ingram replies:
Be very careful:
If you go south on a Fiancée visa, you will be able to do the paperwork in
Vancouver. If you get married first, you will have to do the paperwork in
Montreal. The general rule is that you are not allowed to re-enter the US if
you leave while waiting for your actual resident alien card.
Another solution is for you to "absolutely" maintain a Canadian home and a
US home. You live in one and visit your wife and she comes up to visit you
in Canada on weekends when the child is visiting with her father. This has
the advantage of keeping your Canadian Medical plan alive because it will
die (even if you pay the premiums) if and when you cross the border to live
in the USA,
It is possible (in exceptional circumstances) to obtain an advance parole
which will give you the right to cross while waiting for your actual
resident alien card.
I am NOT the person to deal with this (but do send me your income tax
returns when the time comes)
You need to consult with a qualified US Immigration lawyer to make sure you
do it right.
If you are in the Vancouver Area, I could recommend:
David Andersson at (604) 608-0818 or
Terry Preshaw at (604) 689-8472 or (425) 259-1807
If you are anywhere else, you should likely contact Joe Grasmick at
jgrasmick at grasmick.com
Hope this helps:
============================================================
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US / Canada / Mexico tax, Immigration and working Visa Specialists
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