Visiting Wife in US (Covid situation)

[IamBeingPatient]

Hey everyone

Im posting this here assuming that there are those here with my same predicament. I am on my work permit in Canada. I recently got married in January in India and my wife is a H1B holder in the US and works in Buffalo close to the US Canada border. After the wedding I came back to Canada and booked my H4 visa appointment at the US consulate in March to move to the US to be with my wife. But because of COVID, all appointments have been cancelled until further notice. I am stuck here in Canada unable to see my wife. I do have a B1 tourist visa. So heres my question. Can I visit my wife on a tourist visa hoping that they start visa appointments in Canada soon and stay with her till my appointment happens? Under the assumption that they start appointments before my 6 months are up as a tourist. So that I can just cross the border into Toronto and attend my appointment when that happens. Would the border officers deny entry if I tell them that Im here to visit my wife and that I plan on staying for 6 months or less. Can anyone please provide some info on this?

 

[DEEPCUR]

You just say you are visiting your wife, nothing more, nothing less. There won't be any issues on this as it is perfectly okay to visit someone in B2 visa. If asked for how long, just say 5 months or something little less than 6 months. If at all they ask why not H4, just say you will apply for one once consulates open.

 

[IamBeingPatient]

You just say you are visiting your wife, nothing more, nothing less. There won't be any issues on this as it is perfectly okay to visit someone in B2 visa. If asked for how long, just say 5 months or something little less than 6 months. If at all they ask why not H4, just say you will apply for one once consulates open.

So this wont be considered non-essential travel just because its a tourist visa and they would have no reason to deny entry, correct?

 

[harirajmohan]

Can I visit my wife on a tourist visa hoping that they start visa appointments in Canada soon and stay with her till my appointment happens? Under the assumption that they start appointments before my 6 months are up as a tourist. So that I can just cross the border into Toronto and attend my appointment when that happens. Would the border officers deny entry if I tell them that Im here to visit my wife and that I plan on staying for 6 months or less. Can anyone please provide some info on this?

No B1: You should not use B1 for visiting as a spouse of H visa holder. My colleague's wife(Canadian) was denied entry while seeking one week entry on B1 status just because the spouse was on H1 and cbp wanted her to get H4 status.

With B1: Even if you enter via B1(without telling cbp on real reason), how are you going to manage your work? Are you not planning to commute or travel frequently to work in Canada?
If you are quiting your job in Canada before going to US on B1, how would you come back to Canada when you are not working anymore?

Appointments: There were appointments for Jul to Sep to Dec for Toronto and Ottawa which were open for the last 2 months. I dont know why you did not book the appointments and now trying for B1 status.
If its urgent then there is appointment slot for Oct in Calgary.

 

[IamBeingPatient]

No B1: You should not use B1 for visiting as a spouse of H visa holder. My colleague's wife(Canadian) was denied entry while seeking one week entry on B1 status just because the spouse was on H1 and cbp wanted her to get H4 status.

With B1: Even if you enter via B1(without telling cbp on real reason), how are you going to manage your work? Are you not planning to commute or travel frequently to work in Canada?
If you are quiting your job in Canada before going to US on B1, how would you come back to Canada when you are not working anymore?

Appointments: There were appointments for Jul to Sep to Dec for Toronto and Ottawa which were open for the last 2 months. I dont know why you did not book the appointments and now trying for B1 status.
If its urgent then there is appointment slot for Oct in Calgary.

I have an open work permit. So I should be able to come back as long as thats valid right? And all the appointments I made were cancelled automatically by the consulate(2 appointments to be precise) They are only processing essential visas and I guess this isnt a priority for them right now? If I am able to request an expedited appointment I would. But I dont think I can for a H4 visa. Correct me if Im wrong.

 

[DEEPCUR]

No B1: You should not use B1 for visiting as a spouse of H visa holder. My colleague's wife(Canadian) was denied entry while seeking one week entry on B1 status just because the spouse was on H1 and cbp wanted her to get H4 status.

With B1: Even if you enter via B1(without telling cbp on real reason), how are you going to manage your work? Are you not planning to commute or travel frequently to work in Canada?
If you are quiting your job in Canada before going to US on B1, how would you come back to Canada when you are not working anymore?

Appointments: There were appointments for Jul to Sep to Dec for Toronto and Ottawa which were open for the last 2 months. I dont know why you did not book the appointments and now trying for B1 status.
If its urgent then there is appointment slot for Oct in Calgary.

consulates are closed all over the world. in Canada it would just show availability, but will be cancelled closer to your interview date.

 

[IamBeingPatient]

consulates are closed all over the world. in Canada it would just show availability, but will be cancelled closer to your interview date.

Yes I am hoping that they understand that consulates are not processing H4 visas as of now and that I can visit her on my tourist visa.

 

[harirajmohan]

consulates are closed all over the world. in Canada it would just show availability, but will be cancelled closer to your interview date.

We dont know if it will or will not. So for that we dont even schedule the appointment and miss the dates? Even if they cancel, do they plan to do it for long time, i dont think so and no one knows unless we get information from state dept which we cant get and what we can do is try.
Once they open there will not be appointments and it will take lot more than few months waiting period. By luck if they dont cancel then work gets done.

if its closed all over the world then why would just Canadian side alone allow to book appointments? There is some reason. At least there is a chance.

Yes I am hoping that they understand that consulates are not processing H4 visas as of now and that I can visit her on my tourist visa.

Rules dont change based on whether the consulates are closed or not. Just because i cant get stamping to enter the country, can i just enter the country without the visa? No.
You risk denial. Its up to you. I dont know any other cases where they let people on B1 while spouse is on long term visas but the case i know did not have good outcome. So think twice on it.

I have an open work permit. So I should be able to come back as long as thats valid right? And all the appointments I made were cancelled automatically by the consulate(2 appointments to be precise) They are only processing essential visas and I guess this isnt a priority for them right now? If I am able to request an expedited appointment I would. But I dont think I can for a H4 visa. Correct me if Im wrong.

Correct, you cant make this as an emergency appointment.

 

[IamBeingPatient]

We dont know if it will or will not. So for that we dont even schedule the appointment and miss the dates? Even if they cancel, do they plan to do it for long time, i dont think so and no one knows unless we get information from state dept which we cant get and what we can do is try.
Once they open there will not be appointments and it will take lot more than few months waiting period. By luck if they dont cancel then work gets done.

if its closed all over the world then why would just Canadian side alone allow to book appointments? There is some reason. At least there is a chance.


Rules dont change based on whether the consulates are closed or not. Just because i cant get stamping to enter the country, can i just enter the country without the visa? No.
You are denial. Its up to you. I dont know any other cases where they let people on B1 while spouse is on long term visas but the case i know did not have good outcome. So think twice on it.


Correct, you cant make this as an emergency appointment.

So my best bet is to wait till the appointment happens or either take a risk with my tourist visa?Anyone else have any other ideas?

 

[scylla]

So my best bet is to wait till the appointment happens or either take a risk with my tourist visa?Anyone else have any other ideas?

There really aren't any other options.

Right now the US/Canadian border is closed to non-essential travel. It will be up to border officials whether they view your travel purposes as essential or not. There's no way to guarantee entry into the US.Since you are only on a B1, they may say your travel is non-essential since you are only entering as a visitor.

 

[harirajmohan]

Getting denial at US port has long term consequences for future entries to the US, Canada and other countries. There is a possibility of getting banned for months/years. Denial record is kept permanent on file which pops up every time while seeking entry. Next time entry to US is another big headache.

I am not trying to scare anyone but this is the reality one needs to deal with(during aftermath).