Chances of Border Crossing on US outland application.

[Americanlove]

Hello, I am a canadian and have been living with my american wife in Texas for 6 months, we have decided to move to canada and i want to file an outland sponsorship as soon as possible and then drive across the border with her in october, I have already got a job offer and can stay with family in alberta. We dont want to be separated and i am worried that the border agents will not let my wife into the country because they think she will stay. Does anyone have any suggestions? are we better to enter on a visitor visa first and then file from in canada or file now and tell the agent she will be staying with me in canada as her papers are processed?

Thanks!

 

[simb]

applying outland is faster
and have seen a case who are about to apply outland and got visitor record for 2years
and seen one case where one was about to apply and cbsa said "how dare they tried to enter canada without applying for their pr"
so the decision is entirely yours what you want to do enter canada with your wife before applying or after applying.

i think after applying is better. you can show them the receipts and aor everything that your file is with the immigration Mississauga.
both of the case your wife have to show strong ties to usa that she will return

 

[CharlieD10]

Try to put your application together before you leave. If you can send it off first, that would be even better. Have proof of submission close to you, such as the copy of the airwaybill, copy of the receipt for the fees, and your copy of the application.

Your wife should not pack as if she is moving in, remember she is going to be a visitor until she is approved for the PR. You might get a nice border officer who doesn't really care, or you might get one who wants to do everything by the book. It's the luck of the draw and it is always best to err on the side of caution.

 

[Americanlove]

The problem is going to show strong ties for my wife in America, they only ties she has is me. No family and will have quit her job before we leave.

My main questions is, is it better to cross as visitors and then file, or file and bring all the papers and proof to the border in the hopes that they will not want to split us up and leave my wife homeless and on the street at the border.

Thanks everyone for your help.

 

[CharlieD10]

File the application first if you can, if not then prepare as much of it and bring it with you. It demonstrates that you are aware of the process involved in having her remain permanently and have invested in the process (fees, time to put the application together) already, so obviously you're not wanting to bring her there without due regard to her status as a visitor until she is a PR.

Filing before means you have one less thing to do in all the whirl of settling in when you arrive in Canada. You can sort yourselves out, secure in the knowledge that your wife's file is in line to be processed already, and you can focus on settling into the new job and home etc. Leaving the application until you get to Canada means that on top of everything else you have to deal with as far as re-settling (for you) and settling (for her), you need to finish the application and submit it. It is too easy to get caught up in the daily minutiae of life and forget you need to deal with her status until it becomes a sword hanging over your heads.

 

[simb]

if this is the only question you have
then file the application first and then cross the border

 

[Americanlove]

The only reason I have considered not applying first is that they will denie her entry into the country because they believe that she is planning on staying longer then the 6 months she is alowed. Just can't have her turned back at the border and our lives changed forever being separated or me giving up my job in Canada.

 

[simb]

if you think like that. then what your wife will say at the port that why is she going to canada ? and the main reason is she is married to a canadian i mean you. they will think that its her dual intent and can stop her
rest its upto u

 

[CharlieD10]

The only reason I have considered not applying first is that they will denie her entry into the country because they believe that she is planning on staying longer then the 6 months she is alowed. Just can't have her turned back at the border and our lives changed forever being separated or me giving up my job in Canada.

It's called "dual intent", arriving in Canada as a visitor when your ultimate goal is to remain permanently. Your wife has a huge advantage in that she is visa-exempt, therefore dual intent works in her favour. It would be harder if she needed a visa, but since she doesn't and she has no prior history with being refused entry or excluded or being allowed in for less than the 6 months, so she should be fine.

As said before, having the application prepared and/or submitted and not showing up at the border with everything including the kitchen sink will go a long ways towards demonstrating you understand all that is involved and want to do things properly.

 

[Americanlove]

What ties is she going to need in America? She will have some friends down here but no family and will have quit her job.

Do I need to file the medical and FBI clearance with the Outland application? I have looked at getting her medical done and it is double the cost to have it done down here than in Canada.

 

[simb]

do the medical and then file the application as they can give you approval or aor but they will ask for medical so that they can go ahead with the application.
fbi clearance ..you can attach that once file goes to VO i.e. Ottawa. i mean once you get your wife's uci number and file number. that way you can send the fbi clearance report afterwards
well. usually a person has to show strong ties back to his country which can be return ticket, employment letter, bank account, rental agreement. but you say you want her to move permanently with you to canada before she gets pr. so. i really dont have any idea how and what she should show.

What ties is she going to need in America? She will have some friends down here but no family and will have quit her job.

Do I need to file the medical and FBI clearance with the Outland application? I have looked at getting her medical done and it is double the cost to have it done down here than in Canada.

 

[scottandlisag]

We're currently going thru this process. My husband "moved" to Ontario last October. It's very important to show that she still has ties to the USA, job, address, etc. Believe me, been there done that. My husband was lucky to get a multiple entry visitor permit, we spoke with a very nice Border Officer

My husband has returned to the USA in June, due to the inability of working. Unless you can get a sponsorship thru a company and LMO (Labour Market Opinion) it's impossible to work. He will be returning in October and hopefully ride out the rest of the process.

We just received a letter from CIC, they have sent his application to a visa office abroad. I'm not sure if that means Ottawa or LA, but non the less it's in motion

Lisa

 

[Americanlove]

She may have some ties in america, but we will be leaving our apartment and she will be leaving her job. Is it possible that they will let her in with few ties?

 

[scottandlisag]

We said he had taken a vacation leave and he used a friends address. It's not the best solution but again we had a REALLY nice Officer, who saw that we were honest and it was a real relationship...

 

[simb]

it really depends on the officer you get and your luck