Business Travel between Canada & US while Green Card Processes

R

roble

New Member
I am in a strange situation. I am a Canadian citizen, but frequent traveler to the United States for both business and vacation. I currently cross the border about 25 times a year.

My American boyfriend and I are considering getting married, and me becoming a permanent resident. My concern is that my current job (which I will keep throughout the process) requires me to cross the border as a business visitor (B1) I am trying to determine if I can continue to do that while my green card application processes. As soon as I file the paperwork to apply for a green card, I presume I have shown immigrant intent - while it is processing can I still cross under non-immigrant B1 status? (I do not have a physical B1 visa - as a Canadian, I just apply for entry at the border every time I cross)

I appreciate your time considering my strangely unique circumstances. I just want to think ahead and do this the best way possible.
 
roble said:
I appreciate your time considering my strangely unique circumstances. I just want to think ahead and do this the best way possible.
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Your situation is far from unique. There are numerous Canadians who marry Americans every year but still need to cross the border due to personal or business reasons.

There is some risk of being refused entry due to immigrant intent, but you're Canadian (for US immigration purposes, Canadians get more lenient treatment than any other country) and you've already been to the US numerous times (presumably without ever overstaying) so the risk is low. And even if you're refused entry you can just try again the next day and a different officer might let you through. It's not as if you'd be sent back on a 10-hour $2000 flight.

There are things you can do to reduce the risk:

1. Avoid going through US immigration together, whether at the airport or driving across the border. Being seen together can invite questions like "are you married?" and follow-up questions to that which might not end well.

2. Get married in the US, and carry the marriage certificate or at least a copy of it whenever you try to enter the US. Then if you're hassled about the pending green card application, show the marriage certificate as evidence that you were already in the US when married but you left anyway, and you're going to leave again.

Based on your mention of wanting to keep your job in Canada throughout the green card process, I assume you are planning to pursue the green card through a US consulate in Canada, and would not file for adjustment of status in the US. If my assumption is wrong, you will have a different set of obstacles and strategies to consider.
 
travelling to canada

i am a permanent resident. want to travel to canada for a month. Do I apply for visa to canada?
 
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