ADVICE NEEDED SPOUSAL SPONSORSHIP

[AshleyAnne]

Thank you so much everyone!
You have all helped out a lot!

We talked to border control today and they sort of gave us a panic!
We were told that because we are married and I'm moving back to Canada (Uhaul full of stuff) that he would be turned down at the border if he traveled with me since we are applying inland. (No current application status, making him a visitor)

After a few hours of panicking we finally got a Canadian family member through the phone lines to immigration offices. They said that as long as we told them in full honesty exactly what we were doing and why we were doing it that although they will pull us aside for questioning that there should not be a single issue. We can expect to spend a couple hours in questioning, or just sail through. Technically he is moving with me, just his passport will say visitor, we will apply for an extension on his visitor only if we have to, we are just hoping to find work before that, although everyone is saying that its pretty well impossible. Haha
Does anyone have any suggestions? is there anything we should be doing? We've been living together for two years in Texas and I just can't bare the thought of not being able to live together anymore and I really don't want to apply for my green card in the USA. LOL.

 

[Ponga]

You should call CBSA (Canada Border Services) and see what they tell you, since that's who you will encounter at the border, not Citizenship and Immigration Canada (CIC).

It's one thing for a CIC phone rep to tell your family member that there should not be a single issue, but THEY are not the ones responsible for determining whether or not a person can enter Canada.

Good luck!

 

[Ponga]

Actually, the more I think about this, the more it seems like a very bad idea.

If you present yourselves to the Border Officer without having submitted a spousal sponsorship application, especially in a U-Haul, I think the chances are very good that your husband could in fact be denied entry.

I would seriously re-think this plan.

 

[AshleyAnne]

How else would we get across the border together? or will he just have to come separately?
We wanted to do an inland application so that he can work after the first part of the application was completed, and we could be together instead of separate countries.

 

[gambit13]

I would ask if you and your spouse are currently employed? I was in a similar situation where I frequently traveled across the border till my pr spousal sponsorship was completed. I was working in the states then and came up to toronto on weekends. The reason I ask is that my lawyer told me that the reason there would be any issue with cic would be on how you guys would support yourselves financially during that time and didn't intend to stay longer than needed. My lawyer then gave me an entry package and that was all I needed to come in.

 

[Ponga]

How else would we get across the border together? or will he just have to come separately?
We wanted to do an inland application so that he can work after the first part of the application was completed, and we could be together instead of separate countries.

His chances of entering Canada would be greatly improved if he's not with you in the U-Haul truck, THAT'S for sure! Having him come to `visit' you later would be the best plan, IMHO, or at least fly into Canada (with a fully refundable return ticket).

As I mentioned previously, the wait until he can work is probably about the same (estimated 10-12 months), so why not file an Outland application, if for no other reason than to complete the ENTIRE process, instead of just stage 1 (AIP) with an Inland application?

 

[AshleyAnne]

I'm a citizen of Canada, I am living in the states on a student visa and we wanted to return to my home for better opportunities and to eventually raise a family and settle.
We were wanting to do inland since it is faster and gives him the right to work after the first part, immigration isn't the problem, they say we can come on in and not to worry, but the border agency is saying depending on the borer gaurd he might be denied, weather i work or not.
What is your entry package?
It is starting to look like I'll have to move to the states temporarily and we will have to apply outland. Which we really didn't want to do. I just want to be home with my husband!

 

[Ponga]

Just curious about something...

Your second post (back in Dec 2011) indicated that you were married, but you stated in a post from this year, that you were married in March 2014.

Have you been researching this decision to sponsor your husband since 2011? If so, you should hopefully have a good idea of how things work.

 

[AshleyAnne]

His chances of entering Canada would be greatly improved if he's not with you in the U-Haul truck, THAT'S for sure! Having him come to `visit' you later would be the best plan, IMHO, or at least fly into Canada (with a fully refundable return ticket).

As I mentioned previously, the wait until he can work is probably about the same (estimated 10-12 months), so why not file an Outland application, if for no other reason than to complete the ENTIRE process, instead of just stage 1 (AIP) with an Inland application?

For outland the current wait time for him to get work would be until the whole thing is completed which they are saying would be around 24 months.
Versus inland he could work after 10.
We just wanted to be able to live together in Canada while waiting for this all, I would be working and supporting us.
If we apply inland and he flies in then he can't fly back out excluding emergencies.
Or would he just not use the round trip ticket?

 

[AshleyAnne]

Just curious about something...

Your second post (back in Dec 2011) indicated that you were married, but you stated in a post from this year, that you were married in March 2014.

Have you been researching this decision to sponsor your husband since 2011? If so, you should hopefully have a good idea of how things work.

We had only just started talking in 2011, I moved down to Texas to go to school in 2012 and we have been living together since that point, and I pretty much stopped looking at things then. I said we were married then just to get some answers, it was all hypothetical at that point.

Met October 2011
I moved in with him May 2012
Married March 2014

 

[Ponga]

For outland the current wait time for him to get work would be until the whole thing is completed which they are saying would be around 24 months.
Versus inland he could work after 10.
We just wanted to be able to live together in Canada while waiting for this all, I would be working and supporting us.
If we apply inland and he flies in then he can't fly back out excluding emergencies.
Or would he just not use the round trip ticket?

No. For an American, without any `issues' (such as criminal record, or inadmissibility issues) the entire process is done in Canada (CPP-Ottawa for stage 2) and most complete the ENTIRE process in ~ 12 months (+/-). For reasons unknown, CIC doesn't make that known to most people.

Even an emergency doesn't guarantee that he'd be allowed to return if you file an Inland application.

Typically the only real reason for an American to file Inland, is if they are in Canada and have lost their status and still want to remain with their spouse/partner, thus trapping themselves in Canada for at least a year and a half.

 

[AshleyAnne]

So you're saying OUTLAND is only about a year without any issues?
Because online it's saying that for the first portion of the application its 45-60 days and then the second part is sent to an American Visa office and current wait times are around 18-30 months, depending on the office.
We don't have any issues regarding background or medical. He was actually a cop until we decided we wanted to move.
I can't see our relationship being argued since we've been living together for two years full time.

 

[Ponga]

That's exactly what I'm trying to tell you!

Check some of the Outland threads and/or the spreadsheets to see how fast most Americans get through this ENTIRE mess.

 

[AshleyAnne]

Thank you so much.
I was 18 when we met and now that I've finally got old enough to be truly serious about this, its killing me having to wait to start my life with the love of my life.
I can't thank you enough for your help.
Thanks for your patience also.

 

[gambit13]

I'm a citizen of Canada, I am living in the states on a student visa and we wanted to return to my home for better opportunities and to eventually raise a family and settle.
We were wanting to do inland since it is faster and gives him the right to work after the first part, immigration isn't the problem, they say we can come on in and not to worry, but the border agency is saying depending on the borer gaurd he might be denied, weather i work or not.
What is your entry package?
It is starting to look like I'll have to move to the states temporarily and we will have to apply outland. Which we really didn't want to do. I just want to be home with my husband!

It does depend on the CIC officer who will be looking at your file. I have had those who gave me no issues and those who made a mountain out of the visit. At this point, I would say consult a lawyer who can give you better advice and the reason being for simple peace of mind and clarity on what you should do which would be better in the long run(spousal sponsorship and work permit for your husband). If your husbands american he has automatic six month visitor stay rights and you can renew this by just crossing the border. I would also be honest with immigration about everything and probably the officer in most instances will understand your situation and let you in. But talk to a lawyer, there are many in toronto and some offer free consults.

The entry package for me was a letter from my lawyers office that identified my status in canada, pending spousal sponsorship details and other details but i dont remember them all right now.