Applied Inland for my American wife, travel back to USA in meantime?

[torontomike]

Hey everyone. I am a Canadian citizen who married an American citizen who is living here with me in Toronto. We have been waiting on our inland sponsorship/PR/OWP application submitted in June 2013. I have read that is "not advised" to travel during the inland application process, but this is a very long stretch already that she hasn't seen her family.

She wants us to go attend a family function in the US in February. How risky is it that we go? Any thoughts?

 

[Rob_TO]

Hey everyone. I am a Canadian citizen who married an American citizen who is living here with me in Toronto. We have been waiting on our inland sponsorship/PR/OWP application submitted in June 2013. I have read that is "not advised" to travel during the inland application process, but this is a very long stretch already that she hasn't seen her family.

She wants us to go attend a family function in the US in February. How risky is it that we go? Any thoughts?

The risk is that for any reason she is denied entry back into Canada, the inland app is cancelled and you must start again from scratch.

If she wanted to travel to and from US during processing, you should have applied outland, which is the preferred and quicker method for most US residents anyways.

 

[torontomike]

What would be the potential grounds for her being denied? She has no criminal record and we are legitimately married in Ontario.

 

[clearly]

They may deny her because they think she will overstay if her permanent resident visa is denied.

 

[torontomike]

Well since she is married to me it would seem that the only way to conduct a marriage would her being here or me going there… I don't understand the criteria that border services people use to evaluate this and they wouldn't enlighten me.

Btw, is this the case even after we get the Stage 1 approval in principle? Or does the situation change at that point?

 

[Rob_TO]

Well since she is married to me it would seem that the only way to conduct a marriage would her being here or me going there... I don't understand the criteria that border services people use to evaluate this and they wouldn't enlighten me.

Btw, is this the case even after we get the Stage 1 approval in principle? Or does the situation change at that point?

That's the problem... you never know what kind of border agent you will get. Could be an easy going one, or could be a hard ass who gives you lots of problems. They can refuse for any reason they think is valid. Though in most cases you should be ok if you are well prepared.

As far as i know the stipulation applies during entire processing, stage 1 and 2.

 

[Ponga]

Legitimately married does not grant her the right to legitimately live in Canada. If the BO suspects that she is living, and not `visiting' you in Canada, that could prevent her from coming `home'.

It might be worthwhile to investigate the chances of crossing at a land border as opposed to an airport. Maybe a land crossing is easier because she wouldn't need to show a return ticket back to the US when she returns from visiting her family???

I feel your pain...believe me!

 

[April Fajardo]

Hey everyone. I am a Canadian citizen who married an American citizen who is living here with me in Toronto. We have been waiting on our inland sponsorship/PR/OWP application submitted in June 2013. I have read that is "not advised" to travel during the inland application process, but this is a very long stretch already that she hasn't seen her family.

She wants us to go attend a family function in the US in February. How risky is it that we go? Any thoughts?

I applied inland and came here to Canada in Aug 2012, I have not seen my family since. Its one downside of applying inland, you cant leave the country.

 

[BobbyJo]

Hey everyone. I am a Canadian citizen who married an American citizen who is living here with me in Toronto. We have been waiting on our inland sponsorship/PR/OWP application submitted in June 2013. I have read that is "not advised" to travel during the inland application process, but this is a very long stretch already that she hasn't seen her family.

She wants us to go attend a family function in the US in February. How risky is it that we go? Any thoughts?

Hi torontomike,

If you decide to go, I recommend flying as opposed to driving. I have travelled with my American husband several times (by plane) from Toronto and although he is questionned at length when we returned to the airport, at least he was back in Canada. The agent would usually void his current visitor's visa and issue another for 30 days. The next day we would renew the visitor's visa online and he was fine for another 6 months.

The one time that he drove by himself to the US to visit his ill mother, he was refused entry back into Canada. He tried another border crossing and explained the circmstances to the agent and was eventually granted entry. At the time we were living together and he was here as a visitor, but we had not yet applied for PR.

Be sure to carry a copy of the email from CIC acknowledging receipt of your application, a copy of the fees receipt and any other documentation to show that your PR application is being processed.


Hope this helps, good luck!

 

[torontomike]

She does have a temporary resident (i.e., visitor) visa extension from before, I don't know if that changes anything in the mix. It seems ridiculous considering the type of uniquely close relationship we have with the United States that we would not be able to go back and forth across the border for a short trip.

 

[torontomike]

And what about when she has an Open Work Permit after Stage 1 approval in principle, we still shouldn't travel for a short trip?

 

[Ponga]

Perhaps her TRV (which you stated has been extended), combined with the fact that you're married and can provide proof of the sponsorship application (UCI number, copy of receipt, etc.) will `help', but as far as I know nothing will guarantee that she would not be denied, without having her PR card.

It truly is a roll of the dice...it appears.

 

[torontomike]

This is becoming a hazard for my marriage… she gets very disenchanted not being able to take a short trip to visit, never mind the weather!

 

[Ponga]

This is becoming a hazard for my marriage... she gets very disenchanted not being able to take a short trip to visit, never mind the weather!

Uh...hopefully you are joking, right?!?!

She has to understand that this is the rule (although not an absolute) that an Inland applicant must remain in Canada for the duration of the `ride'. If she wanted to be able to leave and/or come and go, she (and you too, of course) should have filed an Outland application.

I totally agree that it's hard to understand the logic of basically holding someone captive while this process plays out, but...I guess they have their reasons. Hopefully, she can [somehow] focus on the big picture, at which time this will all be worth it!

 

[scylla]

She does have a temporary resident (i.e., visitor) visa extension from before, I don't know if that changes anything in the mix. It seems ridiculous considering the type of uniquely close relationship we have with the United States that we would not be able to go back and forth across the border for a short trip.

The extension is only valid so long as she remains in Canada. As soon as she leaves, the extension is lost. When she re-enters, it will be handled as a new visit.

Unfortunately the issues you are facing are the result of the immigration process you have selected. As others have said, if someone wishes to travel out of the country during the process, outland is really the right choice.