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Nonresident, nonimmigrant US spousal visa?

Nonresident, nonimmigrant US spousal visa?

Old Oct 12th 2004, 9:58 am
  #1  
Courting Shadows
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Default Nonresident, nonimmigrant US spousal visa?

My SO and I are intending to marry in Canada, where we'll be applying
for my PR status from within. It is our intent to live there
permanantly, where eventually I'll be holding dual citizenship.

Now, I am from a border state, NY. Once my Canadian PR status is
confirmed, I'd naturally like to be able to cross back and forth with
my eventual-husband to visit friends and relations with the relative
ease I'm accustomed to. But I've read a number of horror stories about
spouses being denied re-entry by customs officials who take the
assumption that if a US Citizen enters the country with a spouse they
intend to take up residence.

Question is, is there some kind of visa we should apply for for my
husband as a nonresident married to a citizen that will prevent this
kind of scenario? I've been sifting through all the paperwork in
preperation, trying to understand all the requirements for both sides.
Getting him a green card would seem to be foolishly impractical, since
we would neither be living nor working stateside, and would still have
reentry issues. Time of course wouldnt be a huge deal, but I'd like to
be able to bring my husband to Christmas dinner at Mom's without
having to worry about this sort of thing!
 
Old Oct 12th 2004, 1:21 pm
  #2  
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Default Re: Nonresident, nonimmigrant US spousal visa?

I thought that as a Canadian, he didn't need a visa to enter the States. He may apply for a visitor's visa, which may or may not be given to him. But there is no spousal visa that allows a spouse of a US citizen to travel to the States without intending to immigrate.
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Old Oct 12th 2004, 1:29 pm
  #3  
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Default Re: Nonresident, nonimmigrant US spousal visa?

Originally Posted by Courting Shadows
Question is, is there some kind of visa we should apply for for my husband as a nonresident married to a citizen that will prevent this kind of scenario?
Nope! If your husband is a Canadian citizen, he doesn't need a visa to enter the US, therefore there is no such type of visa available. The trick in all this, is to convince the border guards that you live in Canada and have ties there and are intending to return.

Ian
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Old Oct 12th 2004, 2:16 pm
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Default Re: Nonresident, nonimmigrant US spousal visa?

Originally Posted by Courting Shadows
Question is, is there some kind of visa we should apply for for my
husband as a nonresident married to a citizen that will prevent this
kind of scenario?
I started out by looking for the exact same kind of visa. Conclusion: it does not exist.

I would assume you would do the same as any other USC living abroad; cross with evidence of your residence and ties abroad like any other visitor, but +25% (OK, I just made up that number).
In other words, carry ample proof of your joint ties abroad (including your PR docs) showing that he in no way intends to immigrate on that visit. And time your trips with enough border time built in, just in case.
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Old Oct 13th 2004, 12:11 am
  #5  
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Default Re: Nonresident, nonimmigrant US spousal visa?

    > My SO and I are intending to marry in Canada, where we'll be applying
    > for my PR status from within. It is our intent to live there
    > permanantly, where eventually I'll be holding dual citizenship.
    >
    > Now, I am from a border state, NY. Once my Canadian PR status is
    > confirmed, I'd naturally like to be able to cross back and forth with
    > my eventual-husband to visit friends and relations with the relative
    > ease I'm accustomed to. But I've read a number of horror stories about
    > spouses being denied re-entry by customs officials who take the
    > assumption that if a US Citizen enters the country with a spouse they
    > intend to take up residence.
    >
    > Question is, is there some kind of visa we should apply for for my
    > husband as a nonresident married to a citizen that will prevent this
    > kind of scenario? I've been sifting through all the paperwork in
    > preperation, trying to understand all the requirements for both sides.
    > Getting him a green card would seem to be foolishly impractical, since
    > we would neither be living nor working stateside, and would still have
    > reentry issues. Time of course wouldnt be a huge deal, but I'd like to
    > be able to bring my husband to Christmas dinner at Mom's without
    > having to worry about this sort of thing!

Canadians are not issued visitor visas, so there's no visa that he could
get to prove that he doesn't intend to immigrate. You will have to bring
evidence with you each time, showing that you and your husband make
your home in Canada. That could include proof of your permanent
residency in Canada, a lease showing you rent a home (a deed showing
that you own a home would be even better). A letter from his and your
employers would also be helpful. It will get easier as time passes.
If after several years you can show that you've been living in Canada
they are more likely to believe you .

Stephen Gallagher
 

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