crossing Canadian border with wife from US

[locrian]

Hello! First off, thank you all for the help you provide, there is so much great information on this forum! I've searched the board for issues similar to mine, but haven't found a satisfactory solution that covers my one extra factor: I'm going to have a uhaul full of my new wife's possessions when I cross the Canadian border. Here's my problem:

I am Canadian and I met a great girl from California online last year. We've had several visits back and forth without a problem and we're getting married in October in California. Our original plan was to file an outland application and once she has PR, move her here to Ontario. Recently she has been laid off and lost her place to live. She is living with a friend right now, but it's not a permanent arrangement.

I know that other people have had success bringing their spouse into Canada under a 6 month visitor status and filing an outland application for someone "visiting" in Canada. While I've read accounts of this, nobody has mentioned crossing into Canada as a visitor with a truckload of stuff.

We were hoping to drive to Canada with some of her belongings after we're married on October 10th. I understand that to the border agents, the uhaul full of her stuff will look like we're settling her illegally. So I think I have a few options:

-We could cross the border together at the same time and be upfront with border agents about everything. Hopefully they would understand my wife wanting to visit me and we could convince them we understand the limits of visitor status and of our intent to follow the law and submit our PR application. We'd claim her belongings as personally important items for a 4-5 month visit.

-We could cross together and tell them that she is just visiting (which she is) and NOT expose our marriage.

-We could cross individually at separate times and she could claim that she was just visiting friends or family in Canada. She does have friends and family here we can count on to back us up. We'd claim her belongings as personally important items for a 4-5 month visit.

-I could drive her belongings over the border, claim them as my own and fly her in separately.

-We could wait to bring her here as a visitor until we've submitted our outland application and received an acknowledgement. Maybe we could use our PR application as proof of us following the rules.

-By default, I could pay her rent and bills in California until she either finds a new job or the outland application goes through. =(


In order to prove to the border agents that we understand her visitor status and the proper immigration process, we can to bring these items to the border with us:

-marriage certificate proving spousal relationship
-completed (but not submitted yet) outland PR application package
-plane ticket for her back to California within 6 months
-how about a confirmed appointment in California from a dentist or doctor or something within 6 months?
-previous plane tickets and itineraries showing that we always leave when scheduled

Which is the best option here or is there a better way to do this? Is there anything else I can do to show our intent to follow the law and apply for PR properly?

I'm hoping that someone with some experience with border crossings of this kind can reply to me and shed some light on my situation. Thank you!

-Edwin

 

[RobsLuv]

OK, first thing I'm going to tell you to do is go to this page of the US2Canada website for information on how a Canadian citizen sponsor gets his spouse into Canada with documented visitor status to stay with him until the PR application is approved. That's a start. As far as the rest - your thread is a little complicated and I need to go back, while you're reading US2Canada, and get a better grip on your timing, etc., before I can answer. I will say this straight out, though, you try bringing a UHaul full of her stuff into Canada and you're gonna have problems you can't imagine and that you DON'T want to deal with - including the chance that they could refuse her entry and EVEN exclude her from Canada for up to two years (which means no PR until that time is up) to teach you both a lesson.

So, that was what was most important for you to know for starters - I'll be back with more.

 

[RobsLuv]

OK, your future wife will be in the exact same situation I was in after we got married - including being from California! I think the US2Canada info probably answered most of your questions about how to enter with her after your marriage - and what happens next. So - for the rest of it: first thing, not sure where you are in Canada, but my suggestion is that you rent a storage unit on the US side of the border closest to where you are in Canada and keep her stuff there while she waits for PR. (I left mine in California and came to Ontario and now it's going to be a bear to go get it.) Under no circumstances can she bring it into Canada with her - she might get away with a few things, but a UHaul will be turned around so quick it will make your head spin, and then she's "in the system" and you can count on being harassed everytime you get to the border for entry. And she can't import stuff "temporarily" unless she's documented on a work or study permit - and then they put this stipulation on it that none of it can be used by a Canadian citizen! There's also no sense in you paying duties on it when she'll be able to bring it in herself without paying duty once she's a PR. The outland process (which you'll definitely want to use, even while she is visiting you in Canada during processing) will be finalized in 5-10 months time.

If you have a question about a vehicle for her - because she has one in the States that she wants to bring into Canada - just ask and we'll get into that. Other than that, once you're married you can bring her to Canada with a certified copy of your marriage license from California, proof that you are going to file a sponsorship application (you can pay the PR fees ahead of time and use a copy of the receipt as your proof) and you should also be able to demonstrate that you can support her so they don't worry that she'll work illegally. (You'll need a letter of employment to submit with the PR application anyway, so get that ahead of your plan to bring her in and that will suffice for purposes of proving support). All of this supercedes the requirement for her to prove that she'll go home again in 6 months - as long as they're convinced that she's an eligible PR applicant (by your "proofs"), they'll document her on a Visitor Record that she can apply to extend from within Canada if it's due to expire before PR is granted. But she won't be able to work, go to school, or probably be eligible for healthcare benefits (depends on your Province) until after she has PR - and if she leaves Canada, the VR is not a re-entry permit and she'll have to go through the whole thing at the border again on re-entry . . . which means you should always be with her from the time you get married until she has PR if she has to cross that border.

 

[locrian]

!!! Thank you so much for your quick response! I know my initial post was a bit helter-skelter, but I had so many ideas I wanted to get out =D Your replies are SO helpful, I definitely understand the situation more now, thanks for taking the time.

So that's a negative on the truckload of belongings, understandable, thanks for making it clear. I guess there's a solid reason why I couldn't find any documented cases of people successfully doing that =D. Leaving it close to the border is a great idea! I'm in Toronto, so on our way here I think we'll detour to Chicago and leave her stuff with some of her family. Perfect, thanks for the solution!

If I understand you correctly, I am able to pay the PR fees ahead of submitting the application. I didn't even consider that would be possible! So I guess given everything you're suggesting, it would be best to:

-cross the border at the same time together
-tell the border agents outright that she is my wife coming to visit me while we submit a PR application
-provide a marriage certificate, receipt of paid PR application fees and a letter from my employer to prove I can support her
-apply for extended visitor status at the time we cross the border (suggested by us2canada.com)
-bring for her a suitcase full of clothes (and a couple boxes?) and no more
-NOT purchase an unneeded plane ticket back to California

I hope I understood your guidance properly and this plan will give us the greatest chance of successfully crossing the border. If it goes well, we'll end up with an extended Visitor Record covering us for the time it takes to get our PR approved. Please correct me if I've made any mistakes! =)

Two more issues though if you don't mind. First, we were planning on driving here in her truck and having it with us during her stay with me. She still owes money on it so it doesn't technically belong to her, but she's never missed a payment. I was under the impression that visitors were allowed to bring their vehicles with them for the duration of their stay. Could you elaborate on that?

The other issue is that she has two cute little pets, a cat and a rat that we cannot leave behind. Is this going to complicate our border crossing? I think it would be understandable that pets would need to be with their owners wherever they go and lots of people take their pets on vacation, but who knows what the CIC thinks.

Thanks again!

-Edwin

 

[RobsLuv]

Hi Again - OK, just one clarification on the plan . . . you don't really have to "apply" for extended visitor status - when you approach the border and introduce her as your US citizen wife, they'll write up a slip and send you inside to meet with the secondary officers. This isn't something to be intimidated about, it's just that the guys in the kiosks can't issue status - they're only letting people in or turning them around - the officers inside have the time to deal with more complicated stuff and that's what they're there for. So, you'll go inside and tell them again that this is your wife and that you're going to sponsor her for PR and that you'd like to be able to be together while waiting. The officer will ask you for the proof of your marriage, etc., and then will tell you that she needs a Visitor Record. You don't have to ask. You also don't ask for a specific period of time that she'll be allowed to stay - remember, getting the VR gives her the ability to apply from within Canada to extend whatever stay they give her - so just let them issue it for however long they think they want/need to and it'll be fine.

As far as the vehicle - she can bring it into Canada as a visitor and drive it here for awhile . . . but you might want to rethink that ultimately if she owes money on it because she won't be able to import it unless it's paid off. This is because US finance companies don't have the ability to collect debts across the border - so they won't let collateral for a loan leave the country permanently. If she does bring it to Ontario, just for the interim, or if you'll be paying it off, she will need to keep her California drivers' license so she can keep it registered and insured in California. If she tries to get an Ontario licence, she will have to give up her California license and that will trigger the loss of her insurance. She also needs to be sure her insurance company would cover an accident in Canada while she's here "on vacation" - DO NOT tell them she is anticipating moving to Canada. Also, if you're going to drive her vehicle while it's in Canada it's imperative that she add you to her insurance policy. My insurance company in California (CSAA) let me add my Canadian husband - but not all do. Just a note for later: if she hopes to pay it off and keep it, she won't be importing it until after she gets PR because then she doesn't have to pay duties on it.

Storage: family in Chicago is good - what I wish I had done was bring my stuff to New York. It's costing me $85/mo to store my stuff in California, the same size unit in Tonawanda is $43/mo. Oh well, at least you guys have time to plan things out a bit.

Pets: it's my understanding that the cat will not be a problem as long as it has a clean bill of health from a vet and a current rabies vaccine. I have no idea about the rat, though. You might want to call CBSA (Customs) and ask about bringing pets into Canada when someone comes on holiday - find out what they say about a rat. I have only ever heard about people bringing in cats and dogs - and one time someone had a flying squirrel that they weren't going to be able to bring because it is a protected species in Canada. Never heard about rats or anything else, though. Sorry.

 

[Leon]

You can find all about pet import at http://www.inspection.gc.ca/english/anima/imp/petani/petanie.shtml which is the Canadian food inspection agency. You can call them too, they are very nice.

 

[locrian]

Hey Leon, thanks for the link. It looks like I shouldn't have a problem bringing the pets across the border. Apparently rodents aren't inspected at all =D

Robsluv, thanks for the explanation! That detailed walkthrough of the border process is going to help ALOT when it finally get there. You're right, I should let them issue a visitor record for however long, I don't want the border agent to think I'm trying to tell him how to do his job.

We checked into the car and I'm on her insurance now, which IS covering her for driving in Canada. So she'll bring her car here as though she's just visiting with her car (which she is), then we'll import it after PR. She actually went ahead of me and talked with her car loan bank about exporting her car and apparently they've approved her to export it to Canada, but continue payments! We'll have to double check that one.

I've come across one snag though. Apparently after a wedding, it takes 7-10 days to get a "certified" copy of a marriage license in any California county. Which means we won't be able to bring it with us if we leave California a couple days after the wedding. Would the border agent possibly accept a photocopy of it? How about that and a signed letter from the Reverend who performs the ceremony explaining the situation and that she did indeed marry us legally? What are your thoughts?

Alternatively I could just suck it up and stay in California for an extra week (a little extra sun never hurt anybody =), but the time off work is going to be a killer.

-Edwin

 

[GK]

Regarding importing the car; make sure you get a letter from your bank stating they approve export of the car out of the US. When you export the car you will have to submitt the original title to US customs 72 hrs before exporting. Sicne you don't own the car and you don't have the title in your name, you will need documentation from the owner (the bank) that they allow you to export the car. Without export stamp from US customs you (may) have problems importing the car in Canada.

 

[PMM]

Hi

Regarding importing the car; make sure you get a letter from your bank stating they approve export of the car out of the US. When you export the car you will have to submitt the original title to US customs 72 hrs before exporting. Sicne you don't own the car and you don't have the title in your name, you will need documentation from the owner (the bank) that they allow you to export the car. Without export stamp from US customs you (may) have problems importing the car in Canada.

An addition, if extremely unlikely that the holder of the debt will allow you to export the car, as then they have no control if you stop making payments. They would be unable to seize the car easily.

PMM

 

[locrian]

made it here safely. thanks for the help! no border issues.

 

[BeShoo]

made it here safely. thanks for the help! no border issues.

Locrian, you can't imagine how excited I am to see that you made it successfully. I'm about to do the same thing as you with my (same-gender) "conjugal partner" from Florida, and it should work the same way.

We already thought about leaving his stuff in storage in Florida and just flying up together, but on reflection that seem like a very bad idea. So we've decided to store it in New York state close to where I live in Ottawa-Gatineau. Besides, it's half the price of units in Florida (well, actually, twice the space for the same price). Just like your wife, he recently lost his job and can't afford his apartment anymore. I really don't want to pay his rent there if he can live here with me till I get the PR ap processed. I'm happy. This sounds like a plan.

We've been gathering "evidence" for a PR ap, but it's not really put together in a form ready to submit yet. (Besides, there's no point till the FBI clearance comes through. The request for that will go in the mail tomorrow.)

 

[annabruce]

This looks like a brilliant plan for those individuals from visa-exempt countries. How about my wife who is from Russia (not visa exempt), currently studying in the USA on valid F-1 status? Can I use this same approach with her?

She plans a visit in March ( semester break ) and will need a visa. I don't anticipate a huge difficulty with her getting a visa. She has been awarded one before. With 4 months remaining in her degree, and good grades, she has strong reason to return to the USA to finish her degree. It is the next visit that will be a problem. I know that people crossing back and forth from the USA to Canada don't require a multiple entry visa; a single entry is sufficient. Can she take this visa that will be issued in March and submit herself to a border guard in the same way asking for an extended stay? Of course, this assumes that they issue the visa for a long enough term. The last time she was given six months, but only stayed for 3 weeks.

Thanks for your help.

 

[AllisonVSC]

Great tip about storing belongings close to the border. I arrived in Canada as a visitor in June (I put my belongings in storage before I left home), applied for PR in August, landed in November and finally returned with my belongings in a 2 day snow stormed uhaul roadtrip from South Carolina in early January. I am still in recovery but happily surrounded by (boxes of) my own things, especially my winter clothes!

 

[BeShoo]

For anyone who has received a Visitor Record at the border as described here, I have two questions:

1) Do you need a photo for this document? I'm assuming you don't.

2) Is it necessary to have private health insurance coverage on the person being sponsored? From looking at the manual, it seems that this might be an issue. I'm wondering if it's a critical factor.

 

[Karlshammar]

There's no requirement for any kind of private health insurance when it comes to spousal sponsorships.