Applying for a Visitor's Record

[ankk]

Hi,

I am from the US and my wife is from Toronto. I came here in January as a visitor but during my stay we decided to get married. Now we are going to start the sponsorship process but my 6 months visiting status will end in July. We decided that I would stay here during the sponsorship process so I need to extend my visitor's status and by applying for a Visitor's Record.

I would like to return to the states to visit my family before starting the sponsorship process and was wondering if it would be possible to leave Canada to visit my family in the US. Then once in the US apply for a Visitor's Record to be able to re-enter Canada for another 6 months.

Also how long after we are married should we wait to begin the sponsorship process?

Any information on this will be greatly appreciated.

Thank You!

 

[rhcohen2014]

you do not need a visitor's record to enter canada as a us citizen. You simply go to the border and enter as you normally would. Since you are applying OUTLAND because you are a US citizen, you can travel back and forth as often as you want (unless told otherwise by the border agents - CBSA). Once you enter, and you know you will stay longer than 6 months, THEN that's when you apply for an extension. Since your current visit ends in July, it may be too late to apply for an extension anyway. typically it's recommended to apply at least 30 days prior to your visit ending. extensions can be applied online or through mail, NOT at the border. Since you already plan to return to the US, it doesn't seem logical to apply for one now anyway.

If you plan to leave after this stay, and return again, once you get to the border, the agents will determine how long you can stay. At this point, they MAY write up a visitor record and put a date you must return to the states by. I believe visitor records are only issued by border agents, and i don't see why anyone would go out of their way to get one issued. From my experience, they issue these when they want to make sure you will leave when you say you will, and all it does is put you on CBSA's radar. most people try to stay under the radar when crossing. Once you are in, you are in, so there's no need to have something written up in their system about your trip.

What you need with you when you cross the border is significant proof you have something to go back to in the states. This means a lease/mortgage/deed and/or work contract/recent paystub. Belongings and family don't count in the eyes of the border agents (CBSA). Your marriage certificate is also important to carry, as well as any proof of your intentions to apply for PR. Even paying some fees ahead of time shows the border agents you know the rules. Remember you can not "live" or "move" there, you can only "visit" your wife.

You don't have to wait until after visiting your family to send in your application. You can send in your application any time after you get your marriage certificate and all supporting documents ready. An applicant can send it from their home country or from within Canada (it's actually much cheaper from within Canada). I also suggest getting the medical done in canada as I learned afterward it's far cheaper than getting it done in the states.

So basically, when you leave canada and come back, and you intend to stay for the duration of the application process, that's when you apply for an extension to be there long term. Remember every entry is separate, so if you have to go back and forth during your extension, it's not a guarantee they will honor it because technically it's not guarantee for reentry.

 

[ankk]

Thanks for the quick response...

Our main fear is that I will not be allowed back into Canada which is why we were going to get the Visitor's Record. We are just waiting on the marriage certificate and my fingerprints from the FBI to come back to begin the sponsorship process (I already had the medical exam done in Canada). We can provide proof that she has the funds to support me during my stay but I don't have any real ties to the US. Again our fear is that I won't be allowed back in and we don't want to spend anytime apart. So we are just not sure what the best option is....any advice?

 

[rhcohen2014]

there's no way to apply for a visitor record, as they are given out at the border by border agents when they want to track a person's visit upon entry (in my experience at least). i'm not exactly sure what you think a visitor record is and why it would help you go back and forth?

the only option is to go to the border, ask to enter and show proof of ties to the us and your pr paperwork. my advice is to go there and be prepared. how long you get to stay is determined by the border agent. If you don't currently have ties to the US, then you need to get some. REmember, you are not allowed to "live" in canada, only visit. So it's your job to convince the border agents you know this, and have somewhere to go back to. If you enter canada after sending in your application, they will check the system to be sure it's been received before letting you in.

Even if you apply for an extension now and go back to the states, there is no guarantee you'll be able to get back in. Having approval to be there until a future date may help, or it may not. no one can really tell you how successful you will be because it's dependant on your situation and the border agent you deal with. Really, the only way to know for sure is to be prepared, and go to the border.

 

[ankk]

Here is where you can apply for a Visitor's Record...

http://www.cic.gc.ca/english/visit/extend/visa.asp

The reason I wanted to get a Visitor's Record before I go back to Canada is to make sure I will not be turned away at the border

 

[JessNess]

there's no way to apply for a visitor record, as they are given out at the border by border agents when they want to track a person's visit upon entry (in my experience at least). i'm not exactly sure what you think a visitor record is and why it would help you go back and forth?

the only option is to go to the border, ask to enter and show proof of ties to the us and your pr paperwork. my advice is to go there and be prepared. how long you get to stay is determined by the border agent. If you don't currently have ties to the US, then you need to get some. REmember, you are not allowed to "live" in canada, only visit. So it's your job to convince the border agents you know this, and have somewhere to go back to. If you enter canada after sending in your application, they will check the system to be sure it's been received before letting you in.

Even if you apply for an extension now and go back to the states, there is no guarantee you'll be able to get back in. Having approval to be there until a future date may help, or it may not. no one can really tell you how successful you will be because it's dependant on your situation and the border agent you deal with. Really, the only way to know for sure is to be prepared, and go to the border.

This is 100% accurate. I got a visitor record when I crossed into Alberta and it was issued at the land border. It was issued on April 1, 2014 and valid for 6 months. It clearly says in all capital letters "NOT VALID FOR RE-ENTRY" I had to go back home to California in May to get eye surgery and when I flew back into Canada, I thought they would not honor my visitors record because I left Canada. However, as I am having an anxiety attack going to the counter, the guy saw that I just left for a few days and honored the visitors record and waived me through. I am pretty sure he did this because: a) the visitors record clearly states "I have a PR application filed with my husband" and b) I left near the beginning of the visitors record and he was probably too lazy to issue a new one. I was shocked that he honored it. He probably would have made me go to secondary to get a new one if I had left after 4 months and tried to re-enter. He just looked at me and asked how long I was staying, I said I have to leave again to go to Utah for a wedding in September. He said "as long as you're out by September 31, you're good" I was like COOLTHANKSBYE

 

[JessNess]

Here is where you can apply for a Visitor's Record...

http://www.cic.gc.ca/english/visit/extend/visa.asp

The reason I wanted to get a Visitor's Record before I go back to Canada is to make sure I will not be turned away at the border

This is an application to EXTEND your stay, not apply for a new one. You can only get a new one AT A BORDER. And there's nothing you can do to make 100% sure you will be allowed into Canada. It's up to the border agent to determine this. You can increase your chances of being successful by bringing strong proof of ties to the US.

 

[ankk]

Thank you for clearing that up for me.

What do you suggest that I come to the border with so that the chances of them denying me are low?

 

[rhcohen2014]

a lease/mortgage/deed and/or work contract/recent paystub. Belongings and family don't count in the eyes of the border agents (CBSA). Your marriage certificate is also important to carry, as well as any proof of your intentions to apply for PR. Even paying some fees ahead of time and bringing receipts.

 

[rhcohen2014]

Here is where you can apply for a Visitor's Record...

http://www.cic.gc.ca/english/visit/extend/visa.asp

The reason I wanted to get a Visitor's Record before I go back to Canada is to make sure I will not be turned away at the border

a visitor's record doesn't ensure you won't be turned away at the border. really, nothing can as the decision lies in the hand of the border agent you are dealing with that day. a visitor record is not the same as applying to extend your stay.

 

[JessNess]

Ok first off, you're already married to a Canadian, so don't show up with lots of luggage. Minimal is best to prove you're not "moving" yet. If they think you're moving because you have lots of stuff, you're not getting in. If they look through your stuff and find things like a toaster or photo albums, those are not normal tourist items and they will think you're trying to move. Also, they can and might go through your phone, so delete any texts or emails that might indicate anything other than visiting.

You should bring with you:

-Marriage certificate (to prove you're married)
-Receipt of PR application fee paid (this shows them you're serious about applying for PR)
-Lease/mortgage from a place in the USA (you need to prove that you have a home to go back to)
-Letter from employer in the US (its optimal to prove that you have a job in the US and you will have to go home to work)
-Copy of your PR package (or at least some of it to prove you're going to apply)

I know you want to stay in Canada for the duration of the process, so at the border you should tell them if they ask you. You should be honest and say "I am visiting my spouse while we gather PR paperwork and send it off" This will likely cause them to issue you a visitor record and on the record they will type "Intends on applying for PR, Married to XXX XXXX" It is very important though that you realize that you're still just a "visitor" and you need to really show them you have ties to the USA which will force you to go home eventually (such as a job or property ownership).

Be honest and nice, they appreciate honesty most of all Good luck!

 

[rhcohen2014]

^^^^^^^^^^^ Excellent advice^^^^^^^^^^^

 

[ankk]

Would it help if we start to PR process before trying to re-enter Canada? In the states I was working on movie sets as a set dresser so when I came here I just stopped taking jobs its not like I had an employer to go back to also because I worked like this I never had a place of my own so I'm not sure how I would show ties to the States.

 

[rhcohen2014]

it really doesn't matter if you send in your application before or after you enter if you are carrying everything from your pr package, including receipts. if they see you intend to apply, they are happy. if they see your application is in process, they are happy. as long as it's one or the other.

do you have family who owns property who would write a lease for you?

as for work, if you are freelance, that is completely normal. perhaps bringing proof of the last payment you received would be helpful? they may ask when was the last time you worked, and they may not. it's really hard to say because what they ask me can be different than what they would ask you.

the best you can do is understand, and be prepared to let them know you understand, you are only a visitor, you are prepared to go back to the us at the end of your stay, and you have no interest in taking/looking for work while you are there.

 

[canuck_in_uk]

Would it help if we start to PR process before trying to re-enter Canada? In the states I was working on movie sets as a set dresser so when I came here I just stopped taking jobs its not like I had an employer to go back to also because I worked like this I never had a place of my own so I'm not sure how I would show ties to the States.

Yes, there are people on this forum who have had issues when they couldn't show ties but they are not the majority. The people that have issues have generally gone back and forth from Canada many times and are already under scrutiny by CBSA.

rhcohen2014, you had already received an Exclusion Order prior to applying for PR. You are red-flagged in CBSA's system and would of course face a much higher burden of proof than those who have not been excluded.

JessNess, you had crossed the border about a dozen times already and the Border Officer caught you in a lie about your intention to stay in Canada for good at that point.


Generally, if the applicant is from a visa-exempt country like the US, once a sponsorship app is submitted, there is very little chance of it being refused. The CBSA officers know that, so if the person is truthful and has not already been red-flagged in their system, they generally grant entry without issue.

My partner and I moved from the UK to Canada while our app was processing. My partner had cut all UK ties: no job, no lease, closed the bank account, sold all of his stuff, etc. The border officer didn't ask a thing about ties. He didn't even ask for a return ticket. The officer asked how much money we had (didn't even ask for proof), told my partner not to work and sent us on our way.