Border Crossing Help! common law

[Mholland93]

So my Canadian girlfriend has been "living" with me here in the states for about 5 months now and we plan to drive up to Canada in a month where I plan to "live" with her for 6 months so I can apply to be a PR through the common law sponsorship.
We are really worried about crossing the border as we will have our belongings with us (mostly just clothes, no furniture or anything.) Neither of us has crossed the border by land before so we don't know what to expect and we've heard many horror stories of people crossing, and given our situation we are pretty worried.

What is the typical experience and questions that are asked?
Obviously we can't tell them I'm planning to live there for 6 months etc so what exactly do we say??

any advice or experiences anyone has had would be greatly appreciated!!

 

[Decoy24601]

I already answered your thread here:

http://www.canadavisa.com/canada-immigration-discussion-board/canadianamerican-common-law-sponsorship-questions-t432006.0.html;msg5286327#msg5286327

 

[Mholland93]

Thanks for answering! I was just looking for a little more information on the actual crossing of the border

 

[Decoy24601]

They will probably ask about your ties to the U.S. (If you have a job there, if you study there, if you have an apartment or property, etc). They will ask about your intentions for your visit in Canada usually too (which is when you would say you are "visiting" your girlfriend). If they ask more specific questions, be honest.


Honestly, since you don't have a P.R. application and are both dating, not married, you will probably face a lot more scrutiny. I tried to do something very similar and was refused entry. If you don't have any ties to the U.S., you will probably face issues (especially if you don't have enough funds for a 6 month stay).

As for my own personal experience, I did successfully gain entry when asking to stay for 3 months, but I had ties to the U.S. I had plans to attend a University after those three months and had proof of that. During that visit, I found out I wouldn't be able to attend that university after all, even after being accepted and paying deposits for housing. I left after 2 months to visit family and try to establish ties in the U.S, and was refused entry when trying to return because I no longer had ties. At this time I was not married (which the CBSA officer had an issue with) and did not have a PR application in process. I was questioned for hours and she said that it was normal and I wasn't being singled out. She even went as far as looking up the online forum my (then) boyfriend and I had met on and asking me specifically where on the site. She said I was free to return when I had sufficient proof of ties to the U.S. and was working.

 

[Mholland93]

I am planning on bringing a copy of my apt lease which isn't up until November and getting a letter from my employer saying i'm still working there (even though i won't be, obviously) and I'm also going to be taking a couple online classes at the college here so do you think that would be enough? We're honestly thinking about her just flying and me driving at this point.

 

[Decoy24601]

There's a good chance that will be enough, but it does come down to the individual CBSA officer unfortunately. It's hard to say one way or another. Also, having both of you travel separately to Canada wouldn't increase your chances at all. In fact, I'd say it's probably better that she's there with you. Also, the online classes won't really help your case because those can be done anywhere. The employment letter and your lease are your strongest proof of ties.

 

[Mholland93]

Yeah it's hard to plan given that it comes down to if the officer is in a good mood or not basically.
We're just thinking that it looks way more suspicious that she's stayed in the USA for 6 months and then we're driving up together so if we go separately they aren't going to know we're together and I can say I am visiting my girlfriend or family (i do have family that lives in canada)

 

[Aquakitty]

They will probably ask about your ties to the U.S. (If you have a job there, if you study there, if you have an apartment or property, etc). They will ask about your intentions for your visit in Canada usually too (which is when you would say you are "visiting" your girlfriend). If they ask more specific questions, be honest.


Honestly, since you don't have a P.R. application and are both dating, not married, you will probably face a lot more scrutiny. I tried to do something very similar and was refused entry. If you don't have any ties to the U.S., you will probably face issues (especially if you don't have enough funds for a 6 month stay).

As for my own personal experience, I did successfully gain entry when asking to stay for 3 months, but I had ties to the U.S. I had plans to attend a University after those three months and had proof of that. During that visit, I found out I wouldn't be able to attend that university after all, even after being accepted and paying deposits for housing. I left after 2 months to visit family and try to establish ties in the U.S, and was refused entry when trying to return because I no longer had ties. At this time I was not married (which the CBSA officer had an issue with) and did not have a PR application in process. I was questioned for hours and she said that it was normal and I wasn't being singled out. She even went as far as looking up the online forum my (then) boyfriend and I had met on and asking me specifically where on the site. She said I was free to return when I had sufficient proof of ties to the U.S. and was working.

Were you alone or with your s/o? This tends to makes a big difference.


To the OP, you are much better off driving together over travelling separately, imo. There are 2 ways people usually go about this. Tell the full story, that you want to stay for X months and ask for a visitor record. The safer way (in my opinion) is explain you are both back visiting your G/F's family for a couple weeks, then you're going back to school/work or whatever you usually do. If your plans "change" after, that's ok. Just bring stuff for a normal long visit, don't bring furniture and whatnot.

Just don't go through a tiny border crossing. They seem to be much more suspicious at the smaller crossings.

 

[Decoy24601]

Were you alone or with your s/o? This tends to makes a big difference.

His mother was driving me up when I got the voluntary withdrawal, but he wasn't there (he had work), which is why I suggested that the OP shouldn't travel separately from his girlfriend when trying to enter Canada. If anything, travelling separately will look more suspicious.

 

[Aquakitty]

His mother was driving me up when I got the voluntary withdrawal, but he wasn't there (he had work), which is why I suggested that the OP shouldn't travel separately from his girlfriend when trying to enter Canada. If anything, travelling separately will look more suspicious.

Yea I agree. The time my (now) husband got denied, he was also alone. Every other time I was with him and we made it through. We had some issues with him in secondary but it was really no big deal in hindsight. It sure is scary at the time though.

 

[Decoy24601]

Yea I agree. The time my (now) husband got denied, he was also alone. Every other time I was with him and we made it through. We had some issues with him in secondary but it was really no big deal in hindsight. It sure is scary at the time though.

It as definitely scary and it didn't help that the particular CBSA officer dealing with me was very rude. I don't expect them to be warm and friendly, but I think she crossed the line into being just plain unprofessional. The first time I came, when I asked for 3 months, I traveled alone, but I guess the officer was fairly unconcerned because of my ties to the U.S. Because I was flying in from fairly far away, it wasn't odd that I was travelling alone. Since the OP has been living with his girlfriend in the U.S., it would be odd if they traveled to Canada separately.

 

[Mholland93]

First of all thanks so much for replying! Just wondering why it would be better to travel together (although we obviously would prefer to) when if we go separately its going to be two different agents in two different places so how are they going to know that we are together?? We would both have our own stories (me going to visit and she's returning from a visit)

 

[Decoy24601]

It's because the CBSA officer, when you say you are visiting your girlfriend and when they find out that you have been living together and she is returning to Canada, they will ask "Well, where is she?" at some point. Trust me, they'll ask enough questions to get the whole story. If you end up saying that your girlfriend is flying in, they will probably think "why didn't she just come with you? It would be much cheaper". Even to me, there's not much point in wasting the money on a plane ticket when she could easily cross by car with you and I'm sure the CBSA officer will connect the dots and probably think the same thing. If your girlfriend is with you, she'll also be there to "vouch" for you, so to speak. She may have been only "visiting" you in the U.S., but that was for 6 months. They're going to wonder why you didn't just try to come to Canada together if you're coming from the same place. The CBSA officer doesn't have to contact the port of entry where your girlfriend will be at to find it suspicious or question you. Trust me, it's going to seem very odd to the CBSA officer that you're travelling separately.

 

[Cal978]

So my Canadian girlfriend has been "living" with me here in the states for about 5 months now and we plan to drive up to Canada in a month where I plan to "live" with her for 6 months so I can apply to be a PR through the common law sponsorship.
We are really worried about crossing the border as we will have our belongings with us (mostly just clothes, no furniture or anything.) Neither of us has crossed the border by land before so we don't know what to expect and we've heard many horror stories of people crossing, and given our situation we are pretty worried.

What is the typical experience and questions that are asked?
Obviously we can't tell them I'm planning to live there for 6 months etc so what exactly do we say??

any advice or experiences anyone has had would be greatly appreciated!!

There is probably no such thing as a"typical" experience as they vary based on the situation and the border patrol officer.

I'm basing my comments on my personal experiences crossing the border at airport as well as by land.

I have never been denied entry but I have been questioned extensively both at the airport and a land crossing. Always alone except for a time when I flew to a US border city where my partner picked me up by car, I had a small carry on size roller suitcase and that was it. At the land crossing I was issued a visitor record after being separated from my partner after we were both asked to exit the car and come into the office where the officer questioned me, she did some things on the computer and made some phone calls. She finally issued me a visitor record after about 30-45 minutes, stating it was a document showing that I had been warned that I was not to work or go to school while on my 10 day visit and that I must leave Canada after the 10 days that was reflected on my return plane ticket.

You should consider how it might look to the officer that you and your Canadian gf have been cohabitating in the US for 5 months. You going to Canada with her and belongings looks more like continued cohabitation than a "visit". Consider what belongings you will be bringing. Are they her personal belongings vs. yours vs. "ours". Is it possible to store some of those things with family and friends until your PR is confirmed? Is it possible for girlfriend to return alone and get settled a bit and you come to "visit" a week or two after with less belongings? Continuous cohabitation for 12 consecutive months can have some short spans of separation. Consider a back up plan, a place to live in the US, if for whatever reasons they give you a difficult time or issue a visitor record stating that you leave a certain date, there are no guaranteed ways to ensure entry,as it is at the officers' discretion.

Lastly have you considered telling the officer that you are planning to stay 6 months if possible and that you are prepared to support yourself financially and prepared to leave and go back to the US when your visitor status expires? Let them know that you are aware that during that time your status will be as "visitor" and that you will not work nor go to school. Be prepared to show proof of your financial means to support yourself. Because this situation is so common, chances are they will assume your plans are to establish common law and to apply for PR as soon as they learn the nature of the relationship, your nationalities and of your past cohabitation. The goal is for you to convince them that you have the personal financial means to support your "visit" and that you will follow immigration rules once in Canada by not working nor going to school and either leaving after your visitor status expires or applying for an extension to stay as a visitor.


Best of luck!

 

[Cal978]

@Mholland93,

It seems others with more knowledge feel the separate travel is not a good idea.

:-[ sorry