Can a Canadian citizen cross the land border with his spouse from USA to Canada (Spouse has no green card or US citizenship).

[mhdsi78]

Hi,

I am a Canadian citizen and I live in Canada. My fiancee lives in the US with no green card or citizenship, she has an outstanding asylum file sine 2015.

we are planning to get married soon, and I was wondering if I can cross the Canadian land border with her as she will be a spouse of a Canadian citizen. I don't want to wait for a sponsorship application while she is in the US. I am willing to do the sponsorship application while she is here in Canada after she cross the border with me.

Please let me know if this is an option and if the Canadian customs will allow me to get her into Canada if I provided the marriage certificate on the border.

Many thanks,
Mhd

 

[bluecanuck]

Hi,

I am a Canadian citizen and I live in Canada. My fiancee lives in the US with no green card or citizenship, she has an outstanding asylum file sine 2015.

we are planning to get married soon, and I was wondering if I can cross the Canadian land border with her as she will be a spouse of a Canadian citizen. I don't want to wait for a sponsorship application while she is in the US. I am willing to do the sponsorship application while she is here in Canada after she cross the border with me.

Please let me know if this is an option and if the Canadian customs will allow me to get her into Canada if I provided the marriage certificate on the border.

Many thanks,
Mhd

Hello,

Yes, she can cross. You need to present the marriage certificate at border.

 

[scylla]

Hi,

I am a Canadian citizen and I live in Canada. My fiancee lives in the US with no green card or citizenship, she has an outstanding asylum file sine 2015.

we are planning to get married soon, and I was wondering if I can cross the Canadian land border with her as she will be a spouse of a Canadian citizen. I don't want to wait for a sponsorship application while she is in the US. I am willing to do the sponsorship application while she is here in Canada after she cross the border with me.

Please let me know if this is an option and if the Canadian customs will allow me to get her into Canada if I provided the marriage certificate on the border.

Many thanks,
Mhd

There's insufficient information in your post to answer your question.

She can enter as long as she has a visa that allows her to do so. What passport does she hold? Does she hold a valid TRV to Canada?

 

[mhdsi78]

There's insufficient information in your post to answer your question.

She can enter as long as she has a visa that allows her to do so. What passport does she hold? Does she hold a valid TRV to Canada?

Hi,
She doesn't have a visa to Canada. She has a Syrian passport, and she lives in the US under an asylum case pending for decision.

 

[scylla]

Hi,
She doesn't have a visa to Canada. She has a Syrian passport, and she lives in the US under an asylum case pending for decision.

She would need to get a TRV to be able to enter Canada.

Once you are married, she will fall under a travel exemption and be able to enter Canada despite the travel ban currently in place. However she still needs to have a visa that allows her to enter Canada. In her case she would need a valid TRV to be allowed in.

 

[mhdsi78]

She would need to get a TRV to be able to enter Canada.

Once you are married, she will fall under a travel exemption and be able to enter Canada despite the travel ban currently in place. However she still needs to have a visa that allows her to enter Canada. In her case she would need a valid TRV to be allowed in.

Thanks for your reply, do you think the will be approved for TRV visa given that she has no status in the US, and she is married to Canadian citizen and willing to live here? I.e. usually TRV will be granted when the intention is a visit only, but in her case it is clear that she is willing to stay in Canada given that she can't go back to the US once she leave it.

 

[scylla]

Thanks for your reply, do you think the will be approved for TRV visa given that she has no status in the US, and she is married to Canadian citizen and willing to live here? I.e. usually TRV will be granted when the intention is a visit only, but in her case it is clear that she is willing to stay in Canada given that she can't go back to the US once she leave it.

The chances are likely very low. However you can certainly try. Normally I would say the chances would be zero given her status in the U.S. and the refugee claim. However now with COVID-19, it's possible there's some small chance an officer will approve. You lose nothing by trying once you are married.

Having said that, since the refusal chances are high, you should plan for the very real possibility that you will have to sponsor her outland.

 

[mhdsi78]

Thank you, but I know there is a Canada-U.S. safe third country agreement that says that when a person has a Canadian citizen family member, he or she can apply for asylum in Canada even with the existence of a US asylum application. Therefore, if I drove to the Canadian land border with her, and I told the customs that she is my wife and she is seeking asylum. Are they able to deny her from entering Canada?
This is the link to what I am referring to:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html

Thanks,
Mhdsi

 

[mhdsi78]

Hello,

Yes, she can cross. You need to present the marriage certificate at the border.

Are you sure that all that she needs is a marriage certificate even if she has no Canadian visa? She only has a Syrian passport, and she is waiting for an asylum application decision in the U.S. and I am willing to be with her when entering the land border.

Thanks,

 

[scylla]

Thank you, but I know there is a Canada-U.S. safe third country agreement that says that when a person has a Canadian citizen family member, he or she can apply for asylum in Canada even with the existence of a US asylum application. Therefore, if I drove to the Canadian land border with her, and I told the customs that she is my wife and she is seeking asylum. Are they able to deny her from entering Canada?
This is the link to what I am referring to:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html

Thanks,
Mhdsi

She can apply for asylum in Canada. And yes, if you are married, she falls under the exemption for the safe third party agreement and will be allowed into Canada if she is seeking asylum.

I personally am not sure this is the recommended path I would take if I were in your shoes. This may significantly complicate your spousal sponsorship application and make it more likely that IRCC will be concerned this is a marriage of convenience and she's looking for any way possible to gain status in North America. First an asylum claim in the U.S., then an asylum claim in Canada, then sponsorship by you... This makes for a pretty messy profile. Ultimately up to you and appreciate the situation is complicated and difficult.

 

[scylla]

Are you sure that all that she needs is a marriage certificate even if she has no Canadian visa? She only has a Syrian passport, and she is waiting for an asylum application decision in the U.S. and I am willing to be with her when entering the land border.

Thanks,

Again, if she wants to enter as a visitor only, then no this is not enough. She needs to be in possession of a valid document that allows her to enter Canada as a visitor - which is a TRV.

 

[mhdsi78]

She can apply for asylum in Canada. And yes, if you are married, she falls under the exemption for the safe third party agreement and will be allowed into Canada if she is seeking asylum.

I personally am not sure this is the recommended path I would take if I were in your shoes. This may significantly complicate your spousal sponsorship application and make it more likely that IRCC will be concerned this is a marriage of convenience and she's looking for any way possible to gain status in North America. First an asylum claim in the U.S., then an asylum claim in Canada, then sponsorship by you... This makes for a pretty messy profile. Ultimately up to you and appreciate the situation is complicated and difficult.

Oh, got you, thanks for the clarification.

Do you know how long it will take for a sponsorship application to be processed with the COVID situation?

 

[scylla]

Oh, got you, thanks for the clarification.

Do you know how long it will take for a sponsorship application to be processed with the COVID situation?

I would ballpark it at 16 -18 months right now. However if she goes ahead with the refugee claim in Canada, then I would tack on another 6-12 months on top of that. Just my opinion of course. Ultimately impossible to tell. Also, hopefully processing will start speeding up and we'll get back down to around the 12 month mark for normal cases.

As an aside, please ensure your fiance understands what the implications will be of leaving the U.S. She may face a 10 year ban from the country as soon as she leaves.

 

[mhdsi78]

Hi Scylla,

Any reason for the 10 years ban? I.e. if she is legally eligible to apply for asylum in Canada and the USA, then, what is the reason for the ban if she closed her file once she entered Canada.

Thanks,
Moe

 

[scylla]

Hi Scylla,

Any reason for the 10 years ban? I.e. if she is legally eligible to apply for asylum in Canada and the USA, then, what is the reason for the ban if she closed her file once she entered Canada.

Thanks,
Moe

I don't know for certainly if and what the ban will be. She will be abandoning a refugee claim in the U.S. I don't believe the U.S. just lets this pass. I believe this will impact future entries.

She needs to research this through U.S. immigration sites and forums. You won't find this information here.