American Spouse Sponsorship

[chrisisinasia]

I'm a Canadian citizen and my wife is an American citizen. We both have a son who holds both a Canadian and U.S. passport, and he also has dual-citizenship. We are planning on moving back to Canada in January 2019 after living in Asia for the last five years. I hope to begin employment sometime in February or March. We would like to apply for my wife's PR shortly after we arrive -- however, we would also like to visit her family (who lives near Seattle, WA) in the summer. Is it legal for my wife to travel outside Canada while her PR application is still being processed? I'm aware that it is advised that you stay within Canada during the application process, but it that mandatory? Also, since the PR process will take 12-18 months to complete, will I need to apply for a visit extension after she's stayed in Canada for 6 months?

I also have a question about what to declare to border patrol upon arrival in Canada. Will they deny her access if we cross together and I state that we intend to apply for her PR inland? What sort of documents will I need to provide?

 

[PrincessCRV]

I'm a Canadian citizen and my wife is an American citizen. We both have a son who holds both a Canadian and U.S. passport, and he also has dual-citizenship. We are planning on moving back to Canada in January 2019 after living in Asia for the last five years. I hope to begin employment sometime in February or March. We would like to apply for my wife's PR shortly after we arrive -- however, we would also like to visit her family (who lives near Seattle, WA) in the summer. Is it legal for my wife to travel outside Canada while her PR application is still being processed? I'm aware that it is advised that you stay within Canada during the application process, but it that mandatory? Also, since the PR process will take 12-18 months to complete, will I need to apply for a visit extension after she's stayed in Canada for 6 months?

I also have a question about what to declare to border patrol upon arrival in Canada. Will they deny her access if we cross together and I state that we intend to apply for her PR inland? What sort of documents will I need to provide?

If you aren't planning to apply for an OWP for your wife, you may do better to apply outland. Anytime an applicant leaves Canada with an inland application in process, they risk not being let back into the country, which would result in the application being considered abandoned since she is no longer inland at that point. Outland applications are also being processed faster, especially in the case of Americans with no red flags. These outland US applications are currently taking about 6 months, or less in some cases. She could still come to Canada as a visitor and stay with you for 6 months, then request an extension if the case is still being processed. Regarding what to tell them on arrival, that is up to you. She could simply say she is visiting family or she could let them know of her dual intent. She would just have to convince them that she would return home if the application for PR is denied. This may be harder to do if she doesn't have strong ties to the US, as you haven't been living there for the last five years.

 

[chrisisinasia]

If you aren't planning to apply for an OWP for your wife, you may do better to apply outland. Anytime an applicant leaves Canada with an inland application in process, they risk not being let back into the country, which would result in the application being considered abandoned since she is no longer inland at that point. Outland applications are also being processed faster, especially in the case of Americans with no red flags. These outland US applications are currently taking about 6 months, or less in some cases. She could still come to Canada as a visitor and stay with you for 6 months, then request an extension if the case is still being processed. Regarding what to tell them on arrival, that is up to you. She could simply say she is visiting family or she could let them know of her dual intent. She would just have to convince them that she would return home if the application for PR is denied. This may be harder to do if she doesn't have strong ties to the US, as you haven't been living there for the last five years.

Thanks so much for your response! We don't plan on applying for an OWP for my wife, so it sounds an outland application would be the best option for us. She still has strong enough ties to the U.S., as she has family living in California who would be more than willing to host her if needed. What would you recommend as evidence that she would return home in case her PR application is denied? Would a pre-booked ticket out of Canada and back to the U.S. be sufficient?

 

[Almipo]

Thanks so much for your response! We don't plan on applying for an OWP for my wife, so it sounds an outland application would be the best option for us. She still has strong enough ties to the U.S., as she has family living in California who would be more than willing to host her if needed. What would you recommend as evidence that she would return home in case her PR application is denied? Would a pre-booked ticket out of Canada and back to the U.S. be sufficient?

As long as when she crosses she states that she is only visiting, there shouldnt’t be any issues and they won’t really ask for ties. She should state that she lives in America and have an address ready. Again, VISITING is the key word. If you cross with her they may ask, “so what’s the plan?” In this case, it’s safe to say that you plan on applying for PR while she continues to live in the states and once you begin your application, you can tell them it is in process.

Also, depending on where you are in Canada, if you’re close enough to a border, I have found it less problematic to cross in and then out again and say I’m only staying for 3 weeks or so. It seems like a lot of work but I’ve gotten minimal questioning this way.