How to enter country for inland.

[jimjam26]

So my wife (Canadian) and I (USA) want to apply for inland sponsorship. We got married in April, but decided that it was best at that time for me to return home and work a little bit more to save up some money. So I'm currently in the US.

I plan on going to visit her sometime next month, and we're planning to apply inland after I arrive. Should I mention this at the border when crossing? I've been searching these forums, and I've seen some conflicting info on this matter. I know you're not supposed to cross as a visitor with the intention of staying. But I've also read on here that a lot of people do that and it works out just fine. But I've also heard of people being denied entry.

How do I go about doing this without causing myself any trouble? Should we send the forms in first so that they are in the system? What do I mention to the officer as I enter? We are married and are trying to plan a life together. We just want to be together sooner.

The previous times I visited, the plan was that she would move to the US. I usually just mentioned this to the officer and they had no problems with me visiting. But since my last visit to Canada, we've changed plans to me moving over there. I'm not sure what how to approach this.

The best advice I've seen is to just go for a visit, have return tickets, plan to leave, and then decide if you want to stay after you arrive. What does everyone here think?

 

[spousalsponsee]

Why don't you just apply outland?

If you'd applied in April when you got married, you'd be half way through the process by now.

 

[jimjam26]

Why don't you just apply outland?

If you'd applied in April when you got married, you'd be half way through the process by now.

That doesn't really answer my question.

At the time we got married, our plan was for her to come to the US. Due to various reasons (some personal, some political, some educational) we've changed our plans since then. We've already considered the options, and we want to be together during the process.

 

[scylla]

Have a return ticket when you arrive for a few weeks out (which you just won't plan on using). Bring one suitcase - don't pack like you're moving. Make sure you bring evidence to show ties to the US (e.g. property ownership, employment, etc.). Chances are you'll get in no problem.

 

[Rob_TO]

and we want to be together during the process.

Keep in mind that you can easily stay in Canada as a visitor with an OUTLAND PR app in process. For US citizens, most outland apps are processed very quickly, in many cases in around the same time it would take to just get the OWP with an inland app.

 

[bafonso]

Keep in mind that you can easily stay in Canada as a visitor with an OUTLAND PR app in process. For US citizens, most outland apps are processed very quickly, in many cases in around the same time it would take to just get the OWP with an inland app.

What do you say to the person at the border? I'm staying here indefinitely while I wait for my PR ? You can't do that. Btw, average times appear to be 12mo for US, Canada and at least another country, I just checked.

 

[jimjam26]

Keep in mind that you can easily stay in Canada as a visitor with an OUTLAND PR app in process. For US citizens, most outland apps are processed very quickly, in many cases in around the same time it would take to just get the OWP with an inland app.

I've heard this. But if you're staying INLAND wouldn't you have to apply INLAND?

As far as I know, if I were to visit and apply OUTLAND, then I must leave the country after 6 months, regardless. And from what I've read, inland and outland are being processed about the same rate - which is 12 months. I don't really see a benefit to that, when I could apply inland, apply for OWP, be able to work, wake up next to my wife every day, while waiting for the process.

 

[spousalsponsee]

That doesn't really answer my question.

At the time we got married, our plan was for her to come to the US. Due to various reasons (some personal, some political, some educational) we've changed our plans since then. We've already considered the options, and we want to be together during the process.

I don't think you understand the question you're asking, then.

Your concerns relate to how to cross the border to file an inland sponsorship (which has in one recent famous case resulted in an American getting an exclusion order because their sole intent on crossing the border was to become a PR of Canada). I asked why you hadn't filed an outland application. Not only would it avoid those concerns, had you done so, you'd be a good half way done by now.

I've heard this. But if you're staying INLAND wouldn't you have to apply INLAND?

As far as I know, if I were to visit and apply OUTLAND, then I must leave the country after 6 months, regardless. And from what I've read, inland and outland are being processed about the same rate - which is 12 months. I don't really see a benefit to that, when I could apply inland, apply for OWP, be able to work, wake up next to my wife every day, while waiting for the process.

Your understanding of the process is flawed, which is leading to your problems. You can apply outland wherever you are in the world - including in Canada. You can only apply inland if you are in Canada.

As an American, you will normally be granted up to six months at the border. If your application takes longer than this - which itself is fairly unlikely if you file outland - you can apply online to extend it (or just recross the border, at the risk of being refused).

You appear to have read the CIC processing targets (12 months for any visa office anywhere). These have no connection to real processing times, as they are a new target created in December 2016. US applications outland typically take 3-6 months. Inland historically took two years. There is some indication this is coming down as part of the new process.

The benefit of applying outland is that you will almost certainly get a much faster process, you can legitimately cross the border with dual intent and wake up with your wife every day.

 

[spousalsponsee]

What do you say to the person at the border? I'm staying here indefinitely while I wait for my PR ? You can't do that. Btw, average times appear to be 12mo for US, Canada and at least another country, I just checked.

You are visiting your spouse while waiting. Dual intent is permissible in Canada. (However, the sole intent of crossing to apply for PR is not).

Target times are 12 months across the board. Average processing times are substantially different.

 

[scylla]

I've heard this. But if you're staying INLAND wouldn't you have to apply INLAND?

As far as I know, if I were to visit and apply OUTLAND, then I must leave the country after 6 months, regardless. And from what I've read, inland and outland are being processed about the same rate - which is 12 months. I don't really see a benefit to that, when I could apply inland, apply for OWP, be able to work, wake up next to my wife every day, while waiting for the process.

No and no.

I sponsored my husband (American) outland while he was visiting Canada (effectively living here as a visitor). There's no need to leave after six months. You just have to apply to extend your status (if processing hasn't already been completed). Most Americans go the outland route regardless of whether they are in Canada or outside of Canada. If you apply outland, it's quite possible you may have PR within four months (i.e. the time it takes just to get a work permit inland).

 

[bafonso]

You are visiting your spouse while waiting. Dual intent is permissible in Canada. (However, the sole intent of crossing to apply for PR is not).

Target times are 12 months across the board. Average processing times are substantially different.

Yes, I hope they are generous w/ the double intent, that is my goal. Interestingly, target times were smaller for my country of origin at a point in the past...

 

[jimjam26]

I asked why you hadn't filed an outland application. Not only would it avoid those concerns, had you done so, you'd be a good half way done by now.

I already answered this: we did not have plans for me to immigrate to Canada in April. The plan was for her to come to the US. For various reasons, this plan changed and we've been discussing over the last week for me coming to Canada instead.

The benefit of applying outland is that you will almost certainly get a much faster process, you can legitimately cross the border with dual intent and wake up with your wife every day.

This is the first time I've heard of "dual intent." Thank you. That's a much more straightforward answer.

No and no.

I sponsored my husband (American) outland while he was visiting Canada (effectively living here as a visitor). There's no need to leave after six months. You just have to apply to extend your status (if processing hasn't already been completed). Most Americans go the outland route regardless of whether they are in Canada or outside of Canada. If you apply outland, it's quite possible you may have PR within four months (i.e. the time it takes just to get a work permit inland).

This is so confusing. Why is it called outland if it doesn't matter where you are when you apply? Then what's the difference between inland and outland?

I thought I understood the difference. If outland is generally the superior option, then I guess we'll go with that.

 

[jeff198901]

I already answered this: we did not have plans for me to immigrate to Canada in April. The plan was for her to come to the US. For various reasons, this plan changed and we've been discussing over the last week for me coming to Canada instead.



This is the first time I've heard of "dual intent." Thank you. That's a much more straightforward answer.



This is so confusing. Why is it called outland if it doesn't matter where you are when you apply? Then what's the difference between inland and outland?

I thought I understood the difference. If outland is generally the superior option, then I guess we'll go with that.

i sponsored my wife Outland on march 29. She is from Delaware. She was here from feb 26 - April 13. She came back to Canada April 26 and has been here ever since. It's much better to apply Outland. You can go home and see your family and don't have to worry about your application being cancelled IF you are denied.

 

[Rob_TO]

What do you say to the person at the border? I'm staying here indefinitely while I wait for my PR ? You can't do that. Btw, average times appear to be 12mo for US, Canada and at least another country, I just checked.

Yes you can do that. Countless people have done exactly this, with no problems.

Many people submit an OUTLAND app while in their home country, and while it's processing come to Canada and just tell CBSA they have a PR app in process and want to wait it out in Canada. As long as you tell CBSA you'll abide by the visitor rules, they don't have any problem with it in vast majority of cases.

And IRCC doesn't post "average" times on their website. It even states right on the page:
We aim to process about 80 percent of spousal sponsorship applications that we get on or after December 7, 2016, within 12 months from the day we receive the application.

This means 80% of apps are done in 12 months or less... so majority are done in some time well less than 12 months. Again it's not an average, it's more a worst case as only 20% of all apps should actually see 12 months time or longer, usually those that have lots of red flags or other serious issues. You can read the visa-office specific threads on this forum, to see people's actual recent times which for US citizens is 3-6 months.

 

[Rob_TO]

Then what's the difference between inland and outland?

The basics:

INLAND
- Sponsor and applicant must be cohabiting inside Canada to submit an app
- Must stay cohabiting inside Canada for duration of app
- If applicant leaves Canada and is either a) denied re-entry or b) gone long enough that IRCC thinks they are no longer residing here, the app can be cancelled. As such it's advised not to leave Canada at all for duration of processing
- Can apply for OWP with app, which usually comes in 3-4 months. Also has valid status in Canada for duration of processing
- Any potential relationship interview location would be in Canada
- No appeal process

OUTLAND
- Can be anywhere in the world (including Canada) when app is submitted, and during processing time. So sponsor/applicant can come and go as they please from Canada during processing with no risk to app.
- Total processing time typically much quicker vs inland
- No OWP associated with an outland app. No status given with app, so need to extend visitor status as needed
- Any potential relationship interview location would be based on visa office processing app
- Can appeal if app is rejected