Question:
There seems to be a question about whether or not this can be done due
to visa restrictions entering the US, since we will not have ongoing
tickets to leave the country. Although we have no intention of staying
in the US longer than the 10 days or so to visit family and travel up
north, is there anything we can do to prevent any potential issues with
immigration, short of buying a plane ticket that won't get used? And if
we do have to buy a useless ticket, is it just my husband who would need
one, or would I need one as well (as a Canadian)? I suppose what might
add some doubt to the immigration officers of our intentions would be
that we're travelling with 2 trunks full of belongings (everything we're
taking with us) when we enter the US...
Answer:
I am not sure that you will be moving to canada from US permanently or
just land and then go back to Uk.
If you are doing just landing in Canada and will go back to Uk to finish
up the stuff and then plan to come back to Canada for good in future
then in this case once you arrive at US immigration, show them your
Husband Canadian Immigrant visa and tell them your plan and also show
them your return tickets to UK from Canada,Its simple to tell the
officer that you are going to Canada via road.
If you are settling in canada for good this time and not going back to
UK, Explain this to US immigration and show them your husband immigrant
visa and your intended travel plan. you should be ok.
Remember the only thing is to convice the officer at POE tht you have
further travel plans etc.
That's true for Canadian citizens and U.S. visa holders, however as far
as I am aware, a return/onward ticket is *compulsory* for those using
the visa waiver scheme, if arriving in the U.S. by air or sea.
In May, we'll be flying direct from the UK to Canada to land officially,
then return to the UK.
In October, my husband will have landed Permanent Residency status in
Canada, so we will be entering the US with no intention of returning
to the UK.
You, as a Canadian do not need to worry. Your husband will still have
to enter the US under the visa waiver program and this normally
requires an onward ticket unless entering at a land crossing.
You could purchase a fully refundable one way airline ticket for your
husband. You would simply not use the ticket and after you arrive in
Canada, submit it for a refund.
Would having a hire car booked from, for example, Buffalo to Mississauga
be enough to satisfy them, do you think?
i think you'll be fine
Just make sure you have plenty of evidence to prove your leaving the usa
via Canada, ( I visit the US a few times a year and have no problems )
And make sure you hand your i94 (Visa wavier green form) to the
Canadian Customs guy when you enter canada.
Welcome to Canada!!!
Just wanted to add that we have used the VWP dozens of times over the
years and never, ever were we asked to show our tickets. On some of
these occasions we had tons of luggage because we were coming over for
the full 90 days. Never questioned. But of course that was just our
experience, and your mileage may vary, as they say.
Many people have taken the inexpensive route only to find out later that
it would have been far less of a hassle up front to ship the stuff
rather than try to explain it away at the port of entry.
Others, including me, successfully sold most of their belongings prior
to moving so as to specifically avoid this scenario.
Just out of curiosity where in Canada are moving to when you come back?
We decided to do it this way to incorporate a bit
of a vacation into the emigration (it'll be stressful enough as it is!),
and it's cheaper to take a cruise and bring a couple of trunks of
belongings onto the cruise ship than to fly and pay to ship it across!
What we don't want to happen is stepping off the ship in Florida and
being told that we can't enter the country...I can completely understand
that it might look suspicious, two people from England landing in
Florida with all of their belongings, but we really are intending to
leave! My parents have offered to get a signed affadavit stating that
they will pick us up in Florida and dump us over the border in Canada,
but I don't think that will really help much!
If you read the rules for the U.S. visa waiver scheme, this is
not enough.
Sorry, but the visa waiver is not designed to cater for those planning
to fly into the U.S. and then drive out (you can do it the other way
around, however).
You'll have to look at your travel plans again, alternatively your
husband will need a U.S. B2 tourist visa. Consular officers are
normally reluctant to issue B2 visas to those eligible for the visa
waiver program, and the fact he plans to emigrate (even to Canada) may
not work in his favour. In some cases, visa refusals can prevent
future use of the visa waiver program.
Maybe he could book a ticket to fly onwards to Canada while you drive?
That would be ok. As a Canadian PR, they ought to accept an onward
ticket terminating in Canada as acceptable for the visa waiver, however
this is a grey area.
OK, the idea of buying a plane ticket and not using it is entirely
possible, and if it makes it easier then we're certainly willing to do
it. The information about the visa waiver program at the US Embassy
site is just confusing me further, unfortunately. The following
website:
http://www.usembassy.org.uk/cons_new/visa/niv/vwp.html
states that the following requirements must be met:
If entering the US by Air or Sea
Holding a return or onward ticket. If traveling on an electronic ticket,
a copy of the itinerary must be carried for presentation to U.S.
immigration at the port of entry. Note: Travelers with onward tickets
terminating in Mexico, Canada, Bermuda or the Caribbean Islands must be
legal permanent residents of these areas;
Now this is entirely what we've been told here, and that's fine, I
believe it, but further down the same page it states:
Transit under the Visa Waiver Program
Travelers who qualify for visa free travel under the Visa Waiver Program
are eligible to transit the United States. Application for entry is made
on the arrival/departure form I-94W provided by the airline or shipping
company. Travelers transiting the United States to take up residence in
Mexico, Canada, Bermuda or the Caribbean Islands must be legal permanent
residents of these areas.
Is this section separate (i.e. you can transit the US without requiring
an ongoing ticket), or is this a continuation, i.e. if you transit the
US you must still have an ongoing ticket, however to transit to Canada
to become a resident you must be a legal PR already?
