Can I live with my husband while finishing up Outland application?

[CrazyCatLady]

I keep seeing multiple people say they are living with their spouse while the paperwork is being processed. We are doing outland and my husband is sponsoring me but we've just found out that we need to send in my FBI Clearance form ( I didn't know I could send it in with my original October 2014 application, long story) and that their office is taking 14+weeks at the moment.

Could I just move in with him now and wait out the rest of the paperwork? Or would that change it from outland to inland and take longer? We want to do whats best but don't know what to do :/

Is there an alternative we don't know of? Any advice appreciated as always

 

[KelseyTVS]

You can live with him in Canada while it processes, as long as you maintain legal status. You're American right? When you enter Canada you'll have 6 month visitor status. If your application will take longer than that, you can apply to extend your visitor status online. When crossing the border, you need to appear as just a visitor, so don't show up with everything you own! You won't be able to work on visitor status. If you need to work, there are some work permit options.

 

[Rob_TO]

You can "visit" him in Canada while your outland app processes. This is what the majority of US applicants applying outland do. You can continually extend your visitor status indefinitely once you're in Canada until PR app is completed.

Be careful not to use the words "moving" or "living" with CBSA when you cross the border, and make sure you don't drive a truck full of your personal belongings either. Until you get PR you are just a visitor, so need to act like one to CBSA and not give them the impression you never intend to leave.

 

[CrazyCatLady]

You can live with him in Canada while it processes, as long as you maintain legal status. You're American right? When you enter Canada you'll have 6 month visitor status. If your application will take longer than that, you can apply to extend your visitor status online. You just won't be able to work on visitor status. If you need to work, there are some work permit options. When crossing the border, you need to appear as just a visitor, so don't show up with everything you own!

REALLY?! That would be Christmas in June for us!!! Could I take my cat?

 

[CrazyCatLady]

You can "visit" him in Canada while your outland app processes. This is what the majority of US applicants applying outland do. You can continually extend your visitor status indefinitely once you're in Canada until PR app is completed.

Be careful not to use the words "moving" or "living" with CBSA when you cross the border, and make sure you don't drive a truck full of your personal belongings either. Until you get PR you are just a visitor, so need to act like one to CBSA and not give them the impression you never intend to leave.

Ok great, thank you! What if they ask me when I am coming back to USA since I'm 'visiting'?

 

[bigredmoose]

There would be no change to the application if you did this, except you'd probably want to update your mailing address with the CIC.

Here's the tricky part though. You can't just move to Canada. You're only allowed to visit. If you turn up at the border with all your worldly goods, no job or home to go back to, you can expect trouble. What you can do is tell the border guards that you have an application in process (bring the receipt or whatever documents you have as proof) and that you intend to wait out the rest of the app in Canada with your spouse. You must make it very, very clear that you understand the rules. Basically that you will not work or study and that you apply to extend your visitor status if necessary. Furthermore, if that extension is denied (really unlikely) you will leave Canada without being asked. To that point, it's essential to show that if need be, you have a place to stay in the US.

It's still a risk though. The border guards could still deny you entry and worse, hit you with an exclusion order. You don't want that. In my opinion, given the speed at which US apps are handled, I would not risk it.

Oh, and should you be flying in, do not buy a one way ticket. The airline can refuse to let you board because you have no status in the destination country, so if you get denied, they have to take you back for free. Plus, it shows the border guards you really have no intention of leaving. The thing to do is pay more but get a refundable ticket.

 

[KelseyTVS]

Bringing your cat might give the impression that you plan to live in Canada permanently. It's important when crossing the border to convince them that you're only there temporarily. Some people will buy a return plane ticket as proof and refund it once they get to Canada. I guess if you can prove to them that you're just visiting but the cat needs to come too!

 

[bigredmoose]

I wouldn't worry about the cat too much. Tons of people cross the CAN/USA border for vacations with their pets in tow. Just make sure you've got whatever paperwork is required sorted out first.

 

[Rob_TO]

Ok great, thank you! What if they ask me when I am coming back to USA since I'm 'visiting'?

Usually a US citizen will be given 6 months of visitor status at the border by CBSA. So you should be prepared to go back to USA after 6 months maximum, if your request for visitor status extension after that 6 months is up is denied. So you should bring any ties you have to the US that would convince CBSA you would leave i.e. if you own any property, have any financial accts, etc etc. Also if flying, have a round-trip ticket.

That being said, CBSA is known to be pretty easy on "visitors" with a PR app in progress. So make sure to also carry proof of the app (payment receipt, sponsor approval, etc). Tell them you want to wait out the process in Canada but will follow the immigration rules around your visitor status while waiting for PR.

 

[CrazyCatLady]

There would be no change to the application if you did this, except you'd probably want to update your mailing address with the CIC.

Here's the tricky part though. You can't just move to Canada. You're only allowed to visit. If you turn up at the border with all your worldly goods, no job or home to go back to, you can expect trouble. What you can do is tell the border guards that you have an application in process (bring the receipt or whatever documents you have as proof) and that you intend to wait out the rest of the app in Canada with your spouse. You must make it very, very clear that you understand the rules. Basically that you will not work or study and that you apply to extend your visitor status if necessary. Furthermore, if that extension is denied (really unlikely) you will leave Canada without being asked. To that point, it's essential to show that if need be, you have a place to stay in the US.

It's still a risk though. The border guards could still deny you entry and worse, hit you with an exclusion order. You don't want that. In my opinion, given the speed at which US apps are handled, I would not risk it.

Oh, and should you be flying in, do not buy a one way ticket. The airline can refuse to let you board because you have no status in the destination country, so if you get denied, they have to take you back for free. Plus, it shows the border guards you really have no intention of leaving. The thing to do is pay more but get a refundable ticket.

I have no intention of showing up with all my stuff. Do they reject people a lot?!

 

[CrazyCatLady]

Bringing your cat might give the impression that you plan to live in Canada permanently. It's important when crossing the border to convince them that you're only there temporarily. Some people will buy a return plane ticket as proof and refund it once they get to Canada. I guess if you can prove to them that you're just visiting but the cat needs to come too!

I wouldn't worry about the cat too much. Tons of people cross the CAN/USA border for vacations with their pets in tow. Just make sure you've got whatever paperwork is required sorted out first.

She is my baby and attached to me like velcro so she truly does need to come with me lol. Good to hear thats normal! Thank you both!

 

[CrazyCatLady]

Usually a US citizen will be given 6 months of visitor status at the border by CBSA. So you should be prepared to go back to USA after 6 months maximum, if your request for visitor status extension after that 6 months is up is denied. So you should bring any ties you have to the US that would convince CBSA you would leave i.e. if you own any property, have any financial accts, etc etc. Also if flying, have a round-trip ticket.

That being said, CBSA is known to be pretty easy on "visitors" with a PR app in progress. So make sure to also carry proof of the app (payment receipt, sponsor approval, etc). Tell them you want to wait out the process in Canada but will follow the immigration rules around your visitor status while waiting for PR.

Good to know, thank you so much!

 

[keesio]

I have no intention of showing up with all my stuff. Do they reject people a lot?!

If you don't show up in a U-Haul with all your stuff and you don't have any other issues that would prevent entry (criminal record, history of being denied entry, etc) AND you use the proper terminology when talking to CBSA ("I would like to VISIT my husband"), then the odds of rejection are very low for Americans. CBSA is quite used to this scenario and (usually) don't give people a hard time.

 

[CrazyCatLady]

If you don't show up in a U-Haul with all your stuff and you don't have any other issues that would prevent entry (criminal record, history of being denied entry, etc) AND you use the proper terminology when talking to CBSA ("I would like to VISIT my husband"), then the odds of rejection are very low for Americans. CBSA is quite used to this scenario and (usually) don't give people a hard time.

It will be just my suitcase and kitty in tow Thank you so much! I will make sure I use the right phrasing

 

[KelseyTVS]

They also don't tend to scrutinize Americans too much. My partner flies from California to Alberta a few times a year to visit me, sometimes with just a one way ticket because sometimes it's cheaper to buy two one ways than a round trip. She's never been questioned by customs, never been asked when she is leaving. Usually she just says she's visiting a partner and they leave it at that. Never hurts to be cautious though!