Had a terrifying experience. I need to know if this was handled correctly or if I should complain.

[PaperLantern]

Seriously, thank you Rob_TO you've calmed me down significantly. I just can't wait for this whole thing to be over, you know? I just want to get the sponsorship and move on.

I'll talk to my wife. She won't have school in the summer so maybe she can stop working for the summer too. If not, maybe her and I can arrange to stay a few days a week at her place in the USA. We hate being away from each other for even a night. It's the loneliest feeling in the world. Do you think it would be ok if I spent some time in the USA with her or would that be suspicious too?

 

[Aelin]

Seriously, thank you Rob_TO you've calmed me down significantly. I just can't wait for this whole thing to be over, you know? I just want to get the sponsorship and move on.

I'll talk to my wife. She won't have school in the summer so maybe she can stop working for the summer too. If not, maybe her and I can arrange to stay a few days a week at her place in the USA. We hate being away from each other for even a night. It's the loneliest feeling in the world. Do you think it would be ok if I spent some time in the USA with her or would that be suspicious too?

I totally empathize with where you’re coming from since I was in a similar scenario - my American husband worked for an American company, but also spent nights with me in Canada. A CBSA officer eventually denied him access to Canada since he didn’t have enough ties to the states, so after that he was forced to move back and we were separated for a while. We were devastated at the time, but after a lot of reflection, we realized the officer was right... he WAS living in Canada, so the officer was totally in the right to deny him.

I understand that you hate being away from each other - we hated it. too. It's going to hurt a lot at first, but trust me, it gets better. We made it work by me visiting him in the states every weekend or so and talking to each other daily. I also had no problems at the border visiting him those times from either side, so I don't think it'll be a problem for you as well (bring proof of ties to Canada just in case though) . Stay positive - you've got this! Several months apart is only a minor blip in your lifetime together, and makes you stronger as a couple after you get through it.

 

[PaperLantern]

When he was denied access that one time he was never allowed to cross again? Or you guys just didn't want to risk it? I'm so devastated right now. My wife is actually here visiting me (we crossed no problem at our usual port) and I can't stop crying. It just feels like it's going to take so long! She needs to apply for rehabilitation, then sponsorship and can't do so until October.

Thank you for sharing your experiences, Aelin.

 

[Aelin]

When he was denied access that one time he was never allowed to cross again? Or you guys just didn't want to risk it? I'm so devastated right now. My wife is actually here visiting me (we crossed no problem at our usual port) and I can't stop crying. It just feels like it's going to take so long! She needs to apply for rehabilitation, then sponsorship and can't do so until October.

Thank you for sharing your experiences, Aelin.

After three or four months me going down to visit him in the states every other weekend, he tried to visit me again in Canada... and was successful! He had to go through secondary and show the officer all the ties he had in the States, but he made it through. After that, he'd visit me in Canada once every one or two months, having to go through secondary each time, until an officer he saw a couple of times remembered him and was nice enough to remove the condition in his file that would auto-call him to secondary. The intent of his last visit to Canada was to marry me (we were dating/engaged throughout this whole ordeal), and now he's here with me while we wait for our inland application to go through.

We were separated from each other for a year and a half and made it through okay, so don't worry - October is much closer than you think, and you'll get through it too!

 

[PaperLantern]

How does the inland application work? How was he able to stay with you while you waited for the application to go through?

 

[Aelin]

How does the inland application work? How was he able to stay with you while you waited for the application to go through?

Before his visitor permit expired (180 days after his latest visit to Canada), he applied to get his visitor permit extended for another year - we sent them our marriage license + all of the inland sponsorship fees upfront to show that we were serious about our intent to apply for his permanent residency. We then sent the inland spousal application a month later under implied status, along with an Open Work Permit that will allow him to work up here in a couple of months.

The biggest caveat to this is that he's basically stuck here in Canada - if he leaves for the states while the application is processing, he might not be able to get back to Canada, even with an open work permit etc as it's all at the discretion of the officer... and thus his application would be considered abandoned. This beats living apart from each other though for us

 

[PaperLantern]

This is all very interesting, Aelin! Thank you so much you've given me a bit of hope as I was in a very dark spot today. My wife and I spent the first year of our relationship 4.5 hours apart before she moved to where I was living (in the states at the time). Since then, we haven't been apart for more than a couple of nights. I'm going to make a folder of our documents (proof of employment, school, proof of bills and rent being paid in the USA, etc, proof that we are working on rehabilitation and sponsorship forms.) for her to bring with her and we will start spending more nights over at her place in the USA. Hopefully this will satisfy the border that she has significant ties. If not, we will have to be separate . Luckily we both live within walking distance of the border so it shouldn't be too bad. How long have you been waiting for your PR to process?

 

[KateDR]

Doesn't help you with your current situation but you might want to write to CBSA to complain about the treatment received last night. https://www.cbsa-asfc.gc.ca/contact/com-eng.html

 

[Aelin]

This is all very interesting, Aelin! Thank you so much you've given me a bit of hope as I was in a very dark spot today. My wife and I spent the first year of our relationship 4.5 hours apart before she moved to where I was living (in the states at the time). Since then, we haven't been apart for more than a couple of nights. I'm going to make a folder of our documents (proof of employment, school, proof of bills and rent being paid in the USA, etc, proof that we are working on rehabilitation and sponsorship forms.) for her to bring with her and we will start spending more nights over at her place in the USA. Hopefully this will satisfy the border that she has significant ties. If not, we will have to be separate . Luckily we both live within walking distance of the border so it shouldn't be too bad. How long have you been waiting for your PR to process?

No problem! I remember feeling devastated after the interaction with the CBSA officer, so I'm glad I was able to help someone facing the same situation It all worked out in the end for us, and it'll be the same way for you too, especially since you're both so close to the border. That makes things so much easier.

We submitted our application last month, so we still have a bunch of waiting to go.

 

[Alurra71]

The key here is that CBSA can't feel like she is 'living' in Canada. By going across the border EVERY DAY that is considered a day in Canada for residential purposes. So, according to the officer that denied her entry, she LIVES in Canada illegally. Yes, her TRP allows her to stay in Canada, but as pointed out, she is examined at each crossing to ensure the qualifications are met.

If she has a problem, it can be solved by her sleeping in the states 5 out of 7 days. You could go sleep at her house, she can return each weekend. Before I got married to my hubby, I crossed the border 2x a week. Tue night (7pm) left Weds morning (7am) to get back across the border for work. I would then come on Friday night (7pm) and leave on Sunday about (1pm). Didn't seem like a long time I was spending here, however, I got refused entry 1 week before our wedding (after doing this for months) because I was 'living' in Canada. I was 'resident' here for Tues/Weds/Fri/Sat/Sun even though I didn't even spend 72 hours total in the Country.

I hope this kind of helps you to understand how this particular officer 'calculated' her time spent in Canada and decided she was living her illegally. She is indeed 'living' in Canada even though she has no authorization to do so.

On another note, one way to 'assist' her crossing efforts would be to pay the fees for PR, print the receipt and keep it with her. This will also show that she fully understands that she needs to have PR to legally 'live' in Canada and also shows intentions to file for PR once able to.

Another question I had, is what charge does she have that makes her inadmissible? I would think theft under $50 is NOT a charge that would stop a PR application from happening nor require rehabilitation. I can't even think of any law in Canada that it would equate to that could potentially cause her jail time, let alone the amount of time required to be deemed inadmissible ...

 

[PaperLantern]

I've never been 100% sure that she was inadmissible but I had spoken to a lawyer on the phone who wanted me to hire him and he said she was. Apparently theft under $5,000 in Canada is a hybrid offense which would make her inadmissible. It upsets me so much because it was just a stupid thing she did as a teenager that she has never repeated and really regrets. You know?

If I pay the PR fees now, can I still wait until her rehabilitation to actually send in documents?

 

[DollyM]

What you are failing to realise is that the only people who have a right to enter Canada are Canadian citizens and permanent residents. Any visitors or temporary residents do not have the RIGHT to enter. The CBSA officers at the border can decide whether or not to admit any non-Canadian attempting to enter the country.

 

[DollyM]

It was almost 5 years ago. She is applying for rehabilitation and we are doing spousal sponsorship right after. She is able to apply for rehabilitation in October. I don't want to be apart from her until October I will literally die.

Oh for goodness sake! Stop being so dramatic here. You are not going to literally die if you have to be apart from your spouse for 4 months. You can visit her in the US, so it's not like she's on Mars. Many of us have been or will be separated from our spouses for a lot longer than 6 months, and unable to visit them for various reasons.

 

[zardoz]

I've never been 100% sure that she was inadmissible but I had spoken to a lawyer on the phone who wanted me to hire him and he said she was. Apparently theft under $5,000 in Canada is a hybrid offense which would make her inadmissible. It upsets me so much because it was just a stupid thing she did as a teenager that she has never repeated and really regrets. You know?

If I pay the PR fees now, can I still wait until her rehabilitation to actually send in documents?

There's no point in paying any fees at this point in time. I vaguely remember that if they are not "used" by a processing agency within a certain amount of time, they are automatically refunded.

 

[PaperLantern]

Oh for goodness sake! Stop being so dramatic here. You are not going to literally die if you have to be apart from your spouse for 4 months. You can visit her in the US, so it's not like she's on Mars. Many of us have been or will be separated from our spouses for a lot longer than 6 months, and unable to visit them for various reasons.

There's no reason to be rude.