crossing border into canada to boyfriend troubles help!!

[karilin1]

So I'm an American living 3 hours from the border. I quit my job and planned on staying with my boyfriend in Canada for a month at a time and coming back to the US just for a weekend visit once a month. The CBP have been making this extremely difficult for us and the last time (oct 25, 2009) crossing into Canada I told her after 2 hrs of being interrogated that I planned on coming back to Canada on the 29th of November after I return on the 25th of November for thanksgiving. The lady basically laughed at my idea. So I'm assuming unless I obtain a job in the US I wont be able to spend anytime in Canada for awhile.

With my boyfriend and I living 6 hrs away and it being winter, we decided me moving back to Washington for awhile wouldn't be in our best interest. He has a full-time job and weekend visits would be nearly impossible with the weather.

I guess I'm basically asking how I can remain in Canada without having to go through all the stress of the border people. We are open to getting married. I'm 21 and I don't qualify for a work visa. After xmas I'd like to remain in Canada for 6 months with not so frequent visits to the US. If we did get married in Canada and lived in Canada what are the steps and fees?

 

[ImmEnforce]

Sounds like the Officers concerns are valid. They have suspicions that you will take up residence in Canada without proper authorization. This should not be considered a hassle or an interrogation. You are required by law to answer the questions truthfully. You do not have a right to enter Canada. You ask for the privilege and it may or may not be granted to you. You must maintain ties to the USA, employment, residence (etc) to satisfy an officer that you are only a visitor in Canada. If you are granted entry, generally you can stay for up to 6 months. But, if you establish yourself in Canada you can find yourself in violation of the Immigration act. As a visitor to Canada you can request an extension of your status. But, again you must prove that you are only a visitor and must leave by the end of your authorized stay.

If you married a Canadian then you can apply for Sponsorship (that is if your partner wishes to take on the liability). You can visit CIC's web site for more information.

 

[Zhu]

ImmEnforce: I was in the same situation as her a few years ago, when I was finishing my studies at home and was planning to immigrate to Canada with my partner. I would stay in Canada for two or three months at the time and sometimes would have a hard time crossing the border, sometimes not.

If she is not working illegally nor overstaying, she is not guilty of anything! ;-) I remember that being questioned was far from being a peasant experience... even though they are doing their job.


karilin1: in short, if you want to stay in Canada, you need to immigrate there. Even if the border officer let you in again for a while, the visitor status is what it is: you are a visitor and have no rights in Canada. I personally hated it and couldn't wait to be a permanent resident!

So if you have a serious relationship with your boyfriend (and you must be prepare to prove it), go through the sponsorship process. It takes a while though. Getting married doesn't grant you any immigration rights in Canada (unlike in the US I believe). It could only show that the relationship is serious, but you still have to go through the immigration process.

 

[YorkFactory]

Getting married doesn't grant you any immigration rights in Canada (unlike in the US I believe).

Being a foreigner married to a U.S. citizen grants you no special privileges, and can cause border guards to give you extra scrutiny because they seem to suspect everyone of trying to overstay their allowed visit in the U.S. I know someone who's trying to move to the U.S. to be with her husband, and rather than having her deal with the U.S. border guards, her husband visits her in Toronto.

 

[karilin1]

Thank you so much for the info!

I have another question if you're able to answer. So basically getting married will, most likely, make it more difficult. I understand the borders concerns and that is why I want to make it easier on them and me. I'm willing to immigrate to Canada, what is the first steps? We are planning to go to an immigration office today.

Thanks again for your input.

 

[ImmEnforce]

Being married to a Canadian will make it easier to enter and remain. Many officers will issue a visitor's record if you can prove the marriage and intent to submit a spousal application.

 

[Suin]

Being married to a Canadian will make it easier to enter and remain. Many officers will issue a visitor's record if you can prove the marriage and intent to submit a spousal application.

I don't agree, as most of the times it works just the opposite

 

[ImmEnforce]

Then we will have to agree to disagree. Because, I only deal with 100% honest, law abiding people. This advice is not intended for anyone else.

A US citizen who crosses a land border several times answering questions truthfully and respects the laws of Canada can show a genuine relationship that has progressed to marriage. This is the type off person who would benefit from a visitors record pending sponsorship.

A US citizen who shows up at the border with no crossing history or no previous evidence of compliance and states, " I am married to a Canadian let me in " would attract extra attention.

If you are not inadmissible? Why would the officer turn you around? Officers don't make the law they just enforce it.

 

[ImmOfficer]

Being married to a Canadian will make it easier to enter and remain. Many officers will issue a visitor's record if you can prove the marriage and intent to submit a spousal application.

I don't agree, as most of the times it works just the opposite

Only for those who hide things.

IE: Nice to see another one on here.

 

[Suin]

so why they in the visa offices explain their refusals for visitor's visa as a reason of having the sponsorship application in process?

 

[ImmEnforce]

You always must maintain or be able to prove that you are a visitor. The law allows for dual intent, you can be a visitor with the intent of seeking permanent residency. So if you are appling from overseas, you must be able to satisfy an officer that once you enter you will remain a visitor and leave Canada when your authorization ends. Depending on many differents factors this may be hard to do.

 

[rjessome]

ImmEnforce is right Suin. And comparing US citizens who probably have a history of crossing with overseas applicants is like comparing apples to oranges. In fact, the amount of scrutiny and attention applied to anyone from visa exempt country who don't require TRVs and who live in countries considered to be "parallel" to Canadian lifestyle is just bound to be significantly less.