US-Canada border crossing as Can PR but spouse was out of status in U.S?

E

Enquirer

Registered Users (C)
Hi everyone, I have a question, let me know what should be the solution in this case.

Here is the scenario:

If you are on H-1 visa but your spouse is out of status and you can't get her status changed because she was out of status (already in the U.S) before you got married. So now, if you get Canadian PR and you land in Canada but want to come back to U.S because the husband works in the U.S and he has a valid H-1 visa stamp on passport but wife doesn't have a valid visa.

Question 1: So, can she cross the border based on Canadian PR and can get visa at the border?

Question 2: Does she have to apply for a U.S visa or do they let you enter U.S for 30 or 60 days due to NAFTA and stuff?

Please let me know guys and the possible solutions or alternatives in this case.

Thanks in advance!
 
1) Canada PR cannot visit USA without Visa

2) if you are on H1B she should get an H4

3) if out of status , US consulate can send to her country of nationality for visa or give her . depends upon them
 
Can you land alone without spouse?

What if I land without my spouse? And let's say she can come in after few months or so. What's the Canadian policy on that?
 
How does your spouse coming later help her in getting a US visa . She still has to go to the US consulate to get it .

Please explain if I got it wrong !
 
"What if I land without my spouse? And let's say she can come in after few months or so. What's the Canadian policy on that?"


--- Principal applicant can land first in Canada or with dependents
Dependents cannot land first. If principal applicant lands first then dependents should land in Canada before visa or Landing document expires.
 
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