Does anyone have any advice for crossing the USA border? (J-2 visa)

March 27, 2024 1:45 PM

I am a Canadian citizen with a Canadian passport, as is my spouse. My spouse has been hired in the USA on a J-1 visa for a one-year role. I am travelling down to live with them for this year, and then we will return to Canada together. I am seeking advice for the process of actually crossing the border, and the possibilities of working my current remote job while I'm down there.

I currently work in a remote position for a company headquartered in Canada. I understand that I cannot legally continue to work at this role without an Employment Authorization Document (which I think is ridiculous, but whatever).

My spouse is travelling down two weeks before me. I will be crossing the border in my spouse's car, on which I am an insured operator, with my dog, who will have all the necessary cross-border papers. I will also have all of my spouse's proof of employment, J-1 visa information, our accommodation information, and so on, as well as my own J-2 information. I will be crossing with a carload of possessions - think hiking books, guitars, computers, some pots and pans. I will be informing the border guards that I will not be working while I am in America and that I am visiting my spouse.

Is there anything obvious or not-so-obvious that I should prepare for? Should my spouse and I make plans to cross together or will I be fine by myself?

Secondly, is there anyway around the Employment Authorization Document requirement? With mandatory waiting times and delays, if I were to apply for one it seems as if I may only get it with a month or two of time left in the USA. Is there any sort of gray area document or category as a Canadian citizen where I can work while I'm down there for the year?

posted by Cpt. The Mango to Travel & Transportation (6 answers total)

Best answer: It's not guaranteed, but you may experience increased scrutiny at the border because of concerns that you will overstay your visa. I would bring as much documentation as possible of ties back to Canada. E.g., do you own property there? Will you be leaving your Canadian job, or are you taking a leave of absence (latter is better for immigration purposes)? Is (the rest of) your family in Canada? Also, make sure you have copies of your spouse's paperwork if you travel without them, especially as your status is dependent on theirs.

If they ask you how you plan to support yourself, it's on your spouse's salary/your savings (as appropriate). Either way, bring documentation of that (offer letter, bank statements, etc.). Don't talk about working unless they ask. If they ask you whether you intend to work in the U.S., you should stress that you will consider doing so only after receiving the work authorization for which you are eligible as a J-2.

This may seem stupid as you've already submitted much of this kind of evidence to get the visa in the first place, but better to be prepared than to be hung up in secondary inspection for hours on end while your dog poops on the floor.

(Remember: no weed! Not a fragment, not a crumb! And no paraphernalia, either!)
posted by praemunire at 2:02 PM on March 27 [4 favorites]

Best answer: The advice I had for activating a visa is to do it in a major airport. I recommend you book a weekend round-trip to visit your spouse on the J2 visa so you can get your visa stamp. It is worth the price of airfare to sit in air conditioned comfort without your dog to get a visa stamp at a place that does complicated paperwork all of the time. Then when you return with your belongings, you’ll already have a valid I-94 and you’re just going to secondary about your stuff. If you are non-white or non-cis-het-male, get your spouse to cross with you.

Research your vehicle crossing points carefully. Near Vancouver, Aldergrove is superior to the truck crossing or Peace Arch if you’re going to secondary inspection. Your husband’s coworkers may have good advice on points in Ontario or Quebec if you’re crossing there.

Time of day matters. Southbound border crossings near Vancouver are pretty chill on weekday mornings. Don’t try Sunday afternoon.

Your employment options are limited on J2. You could get your own status, such as TN or L1, to facilitate remote work. If your company has a US and Canadian presence, the L1 is a great option. Both of those are adjudicated at the border, no wait and no cap.
posted by shock muppet at 2:53 PM on March 27 [4 favorites]

Best answer: Seconding what shock muppet said above - cross at a major airport where they deal with visas all the time.

I know somebody (Canadian) whose husband was working in the US for a few years. She wanted to work in the US so they could be together and found a place that was willing to sponsor and hire her (she works in health care). She applied, got the job, and when the visa arrived (in the mail as this was a while back) she wanted to activate it immediately so, against the advice of her lawyer, she crossed into the US at a small border in Alberta.

For whatever reason, the guy at customs refused her visa and sent her back to Canada and there was absolutely nothing she could do about it. Her lawyer had recommended she fly in to a major airport but she had been eager to get the process rolling, so... The border guard was in a tiny crossing, likely with little to no experience with visas.
posted by lulu68 at 5:01 PM on March 27 [1 favorite]

Best answer: At the land border crossing, they have a special animal cage outside where my pup shivered in the winter cold while they scrutinized and processed the visa. Still salty.

Well, at least she was in view. We put a bunch of blankets inside and stayed as much within her line of sight as we could.
posted by dum spiro spero at 6:25 PM on March 27 [1 favorite]

Best answer: Shock muppet’s advice on (essentially) a dry run is solid, and matches with my own personal experience. Get everything arranged at a time when you’re not travelling with All Your Shit.

Make everything as simple for the crossing guards as you can. Bite sized pieces. Documents for errrrything at the ready. Do everything you can to not be difficult.
posted by Capt. Renault at 7:56 PM on March 27 [1 favorite]

Best answer: Regarding the things you take: make sure you have proof of ownership before you take them across the border, otherwise you might be assessed duties on the way back (ask me how I know…).
posted by clicking the 'Post Comment' button at 5:51 PM on March 28 [1 favorite]