@Kayaker You make a good case for applying outland. And how does one apply with dual intent? Is it just a matter of applying for permanent residence while applying for a tourist visa, or do we officially have to apply for it in some way?[/QUOTE]
There's no application for dual intent. And she cannot apply for a tourist visa because she is visa-exempt. It's just a matter of showing up at the border and getting in. Many people do this with no problem - most people do. Once in a blue moon someone gets unlucky, or someone says the wrong thing, and gets turned around. But the likelihood of that happening is actually quite small I believe.
So there's no way to guarantee that she'll be ok. But there are ways to make it more, or less likely, that she will be turned away at the border. Showing up with 8 suitcases at the border = more likely she'll be turned away. Answering questions vaguely at the border or unable to answer = more likely she'll be turned away or scrutinized more. Showing up with documents showing the PR application fees have been paid, the PR application has been sent, or better yet, approval of you as sponsor, and a clear plan on how to stay legal = less likely she'll be denied entry. So just do your homework and make it less likely that she'll be turned away. There's no need to freak out - as I said, the chances of being denied entry are small. So minimize your risks - that might mean bringing little luggage and having a return ticket. It might mean mailing the PR application first. Or it might mean having an application all ready to go and in her hand.
If she's turned away at the border, she'll have to go back home (or elsewhere, just not Canada) but nothing prevents her from trying to enter Canada again. (Unless they've caught her in an outright lie, or she's trying to smuggle something, or something nefarious like that...) But like I said, the chances of that happening are small, as long as she has a plan for staying in Canada legally, appears to know the rules, and demonstrates intent to abide by those rules.
Personal experience - I was asked until when I'm staying (gave a date 5 months later) but the border officer did not ask to see a return ticket. Asked where my husband lives, what his job is. Asked what funds I have for my stay. (Had $15000 CAD in cash, and said so.) That was it. I wasn't asked if I had applied for PR or was going to. (Even though I had already applied, and I had a printed email saying my husband was approved as sponsor. I was going to explain that I had every intention of leaving before my visitor status expired, because the last thing I wanted to do was jeopardize my on-going PR application. I never showed those documents nor did I have a chance to say all that. Everyone on this forum told me to answer all questions truthfully, but don't start talking about things I'm not asked about, or start showing documents I wasn't asked for. In other words, don't make it a bigger deal than the officer wants.) Later, going through customs (with my $15000 cash and two large suitcases) the customs officer asked what was in my suitcases (I started saying clothes, shoes, boots, scarves, makeup, hair curlers... he stopped me there. He also casually asked if I was "doing the 6-month thing" - visiting my husband for 6 months at a time, since I am visa exempt for 6 months. So I said I'd already applied for PR and was waiting for it to come through. Again, he didn't ask for documentation. Also, since my passport was already stamped I don't know if it was his job to screen me or if he had the authority to flag me in the system or something like that if I'd answered something suspicious. Anyway, that was it. And the only reason I had to go through customs was because I had $15000 on me - under $10000 you go through the green channel.)
A lot of people on this forum have been in the same situation as you guys and they've stressed out a ton. (Myself included.) If you search those threads, you'll see the OP later posting going through the airport was a breeze. So everybody stresses about it, but it's almost always fine. If you search you might find the odd person who was turned away at the border. You could read those threads to figure out why that might have happened. It's not like there's no rhyme or reason, so you'll start to get a sense of what your risks are.
By the way, Inland vs Outland application - when I applied, Outland was way shorter so it was a no-brainer. Inland processing times seem to have come down since then, but bear in mind that she is obliged to stay in Canada while it is being processed - so if there's any reason she might want to leave Canada during processing (visiting family, vacation, an emergency back home) that will cause you guys more stress, because leaving Canada is risky with an Inland application. (If she's gone for too long they might say she doesn't live in Canada, which makes her ineligible to apply Inland. Also, again, when she tries to re-enter Canada, there's no guarantee there either - if by any chance she's denied entry, that means her application is invalid because again, she doesn't live in Canada.) The benefit of an Inland application is that she can work while she's waiting. So if that's really important, apply Inland. If being together is the most important thing, she can apply Outland and not worry too much about visiting family back home.
