Canadian waiting for PR approval in USA

[MNM2015]

Earlier this month we sent in our outland spousal sponsorship application. While we wait for it to be approved I am considering staying with my husband in the States as in our case it is likely easier for me to enter the States than him Canada. This is the opposite of what most people seem to be doing but hoping someone might have some insight on a few questions:

1) As I am a Canadian citizen I don't believe there are any issues with me being out of the country while it is in process. Do you think they will request proof of my intention to return to Canada if I wait to go after we receive sponsor approval? Or does that get looked at later in the process? I will have proof but would rather avoid the delay that comes with any information requests.

2) Does the USA have a similar option to extend your stay while in the country once your initial 6 months runs out?

3) I have always heard you shouldn't be out of Canada for more than 6 months in a year (calendar year or any 12 month period???) but not sure exactly why. I've heard it related to snowbirds and may be due to losing provincial health care or tax implications of being deemed a U.S. resident by spending more time in the USA than Canada. Can anyone clarify exactly what the issue is?

Thank you for any information anyone can provide.

 

[scylla]

1) Yes - you can be outside of Canada. If CIC realizes you have left the country for a longer period of time, it's possible they may ask you for proof you intent to return later on in the process.
2) Yes - you'll need to extend your stay. Unlikely Canada, the US takes a very hard line with overstays.
3) Yes - it's related to losing health care coverage. If you are outside of Canada for too long, you'll need to wait three months after you return before you will qualify for coverage again.

 

[Alurra71]

You can also get into a pickle with the US for tax purposes. Too many days spent 'residing' in the USA with your spouse could turn income tax world on its head. Remember the new entry/exit rules between Canada and the USA are now in full effect which means that either country can independently determine how many days you have spent in each country in real time. If you spend 183 days or more in the US you are now obligated to file a US tax return ...

Make sure you know the rules and stay within them. Nobody likes the USA poking their nose into tax business but being denied entry for tax evasion would suck even more I would think.

Just know the rules and limits and you'll be fine.

I'm not sure why you think it would be difficult for your spouse to come 'visit' with you while the application is being processed, but I'm sure you've both looked at the benefits/setbacks of each.

Best of luck!

 

[MNM2015]

Thank you both for replying. Very helpful.

You can also get into a pickle with the US for tax purposes. Too many days spent 'residing' in the USA with your spouse could turn income tax world on its head. Remember the new entry/exit rules between Canada and the USA are now in full effect which means that either country can independently determine how many days you have spent in each country in real time. If you spend 183 days or more in the US you are now obligated to file a US tax return ...

Does this mean you owe double tax (Canada and US)? Or do you just have to file a US return showing you already paid tax in Canada?

I'm not sure why you think it would be difficult for your spouse to come 'visit' with you while the application is being processed, but I'm sure you've both looked at the benefits/setbacks of each.

My husband was denied entry to Canada once before as they were worried he would stay so know he has been flagged in the system for secondary screening. I don't know how to satisfy them that he has enough ties to the States if he is coming to Canada for an extended period of time. He would have to quit his job and give up his apartment. I'm impressed so many have been able to do it. For us I don't think it's worth the chance of him being turned away and having to return without a job or place to live. But if anyone has any suggestions of what we could show as other ties I would certainly consider it as would prefer to wait together in Canada. Thanks again.

 

[Aquakitty]

He will have a much easier time entering Canada if he shows he has a PR app in process. What exactly led to him being denied entry? My husband was also denied at one point (flagged) which has been annoying and stressful over the years but he's not had a problem staying in Canada since.

 

[MNM2015]

It was a bunch of things like too much luggage and no proof of his job in the USA that made them concerned he would stay. He had no intention of staying longer than 2 weeks but in hindsight I can see how it may have looked and realize he needed to be more prepared with proof. Being interrogated for a couple of hours and then forced on a flight back without even seeing me has made him scared to try again (and I can't say I blame him after that).

 

[Aquakitty]

It was a bunch of things like too much luggage and no proof of his job in the USA that made them concerned he would stay. He had no intention of staying longer than 2 weeks but in hindsight I can see how it may have looked and realize he needed to be more prepared with proof. Being interrogated for a couple of hours and then forced on a flight back without even seeing me has made him scared to try again (and I can't say I blame him after that).

That's pretty harsh, they are generally more lenient when the spouse is travelling with. Still I'm quite surprised he was picked out like that on a plane flight. Did he not have a return ticket? That's what got my spouse in trouble back in the day.

 

[MNM2015]

I was quite surprised too, maybe caught them on a bad day. He did have a return ticket but I was not traveling with him. I was just waiting for him at the airport. We were not married at the time either. Do you think it would be worth trying again now that we are married and we have a PR application submitted? He will have even fewer ties this time if he is coming to wait out the processing though so that worries me. Thank you for your help.

 

[Decoy24601]

That's odd. The one time I flew in to visit my husband (back when we were long distance and wanted to meet in person for the first time) I had no issues. I told them I was spending three months with him in the summer and said I was enrolled in a university, so I'd have to go back at the end of that 3 months anyways. It was my first time flying internationally or going through customs at all and I'm pretty sure that was obvious to the CBSA officer. I didn't even have to go into secondary.

However, during my visit my university plans fell through after I had already paid deposits for housing etc, so after 2 months of being there I had to go back across the border and start looking for a job for a few days and scope out my options there. I wanted to finish my visit for the last month and went back across at a land border. That time I was grilled for hours and they gave me only three days to visit and seized my passport to make sure I would have to come back. When I did come back to that crossing, they gave me a voluntary withdrawal (because of lack of ties to the US).

After we got married I was able to successfully visit my husband. They started to grill us with questions, but then they asked if one of us is sponsoring the other for residency either in Canada or the US, and once we said we were gathering documents to submit my PR application the biggest concern they had was whether or not we were Ebola carriers. I did have to go into secondary, but they were more interested in scanning our checked bags. I traveled by train that time. I think the reason why I had to go in for a secondary at all that time is I was likely flagged in their system for a secondary screening.

There's always a risk that you'll catch a particularly grumpy officer, but I don't think that should stop him from trying again, especially if he'll have any documents he needs next time.

 

[MNM2015]

Thank you for sharing your story. Glad you weren't hassled too much after. It gives me hope that could be us too.

I'm sure if he was to come for a couple of weeks visit he would be able to enter as would bring proof of his job and lease and would be smarter about packing less. However we don't want just a short visit, as newlyweds with a baby we would like to start our life together while waiting for the approval as so many couples on this forum have done. My concern is being able to show ties once he has quit his job and given up his apartment to come to Canada for an extended time (hopefully forever ).

No one can say for sure if he will be allowed in with minimal US ties and a PR application filed so just depends if we want to risk it or not. Like my original post said I am considering just going to the States to be with him there while we wait. If anyone has any more ideas of US ties we could show to increase his chances I would appreciate it. Thanks everyone for your help.

 

[Alurra71]

Thank you for sharing your story. Glad you weren't hassled too much after. It gives me hope that could be us too.

I'm sure if he was to come for a couple of weeks visit he would be able to enter as would bring proof of his job and lease and would be smarter about packing less. However we don't want just a short visit, as newlyweds with a baby we would like to start our life together while waiting for the approval as so many couples on this forum have done. My concern is being able to show ties once he has quit his job and given up his apartment to come to Canada for an extended time (hopefully forever ).

No one can say for sure if he will be allowed in with minimal US ties and a PR application filed so just depends if we want to risk it or not. Like my original post said I am considering just going to the States to be with him there while we wait. If anyone has any more ideas of US ties we could show to increase his chances I would appreciate it. Thanks everyone for your help.

The odds are really in your favor that he would not be turned away. As a 'test' you could always fly down and then return with him. Have him be careful about the amount of 'luggage' he prepares to come back with. Buy a refundable return ticket for him. Bring a copy of your paid for PR application and a receipt. Also have him bring a copy of his FBI PCC. When you get to the entry point in Canada, advise the officer on duty that he would like to enter canada as a visitor and stay with you until his PR application has been finalized. Show them your receipt and his PCC. Make sure that he tells them he knows that he is not allowed to work until he is an official PR and bring some bank statements, if you have them, showing that you guys have enough money to support yourselves, while he doesn't work.

You are now married. The odds of them turning him away are so astronomically slim as to not be even worried about.

Two weeks before my husband and I were married, they also turned me around at the border. I didn't fly, I drove. Needless to say I was livid and upset and so just ready to give up. They also gave me the voluntary withdrawal to leave bit like they did with your hubby. I brought back the paperwork they requested the following week and was allowed entry without problem. The week after, hubby and I were married and we crossed together. They gave me a visitor record for 3 months in my passport and told me that once we filed our PR application to come back and see them. I did just that and they issued me a new visitor record good for a year.

Do whatever is most comforting for both of you. I can't guarantee he'll be allowed entry, but I'd be willing to put money on his ability to easily cross into the country with you.

This of course ALL hinges on him not being criminally inadmissible for ANY reason.

 

[keesio]

Does this mean you owe double tax (Canada and US)? Or do you just have to file a US return showing you already paid tax in Canada?

It's very complicated. You normally don't get double taxed since you can get credits for taxes paid to one country that you can apply to the other. But it is not as simple as showing you paid taxes in Canada. The US will want first dibs for taxable income for the time you were in the US. If you already paid Canadian taxes on it, then you pay US taxes and file for a credit from CRA. Some things that are taxable in one country are not in another country. It is tricky and an accountant who specializes on cross-border taxes is recommended.

 

[MNM2015]

Thank you so much for your reply Alurra71. I am feeling much more encouraged about waiting in Canada. I really appreciate the details you gave on what to provide and say. Also good to know that me traveling with him would be helpful. My husband and I will have to discuss and decide what to do. Thank you again for taking the time to help.

Thanks for the tax information keesio. Sounds like it gets quite complicated. If I decide to go to the States to wait I may have to try to keep it under 6 months or else get a tax professionals help. Hopefully our application is approved quickly so it's a nonissue. Do you know if it's 183 days in a calendar year or any 12 month period?

 

[keesio]

Thanks for the tax information keesio. Sounds like it gets quite complicated. If I decide to go to the States to wait I may have to try to keep it under 6 months or else get a tax professionals help. Hopefully our application is approved quickly so it's a nonissue. Do you know if it's 183 days in a calendar year or any 12 month period?

Yes try to keep it under 183 days in a Calendar year. It will make things a lot easier