Crossing the border with american spouse without permanent residency

[jd1992]

I am a Canadian citizen and traveled to the US to get married. I have been here now as a visitor for 5 months with my wife who is an American citizen. We would now like to move back to Canada and apply for Permanent Residency once we get to Canada and save some money. We are a bit concerned about crossing the border. We read on the Government of Canada website that it is legal for a spouse to apply for PR while in Canada.

To stay in Canada as a permanent resident, you must leave the country and apply from outside Canada, except in the special cases listed below. To become a permanent resident, you must meet Canada's immigration requirements.

You can apply to become a permanent resident from inside Canada if you:

are a refugee or a protected person,
are a spouse or common-law partner of a Canadian citizen or permanent resident,
are a live-in caregiver,
hold a valid temporary residence permit or
are applying under the Canadian Experience Class.


We have read on the forums and also talked to an immigration lawyer that we might get trouble at the border. We are a bit confused however because it is legal to apply within Canada for a PR. Could someone possibly give us some advice as to how to guarantee my wife entree into Canada?

Thank you

 

[ayrazar]

You're gonna get a lot of people asking why you want to do inland instead of Outland, so I'll just go ahead and ask for that reasoning first

 

[jd1992]

Because we cannot afford to pay for the outland application right away since I have been out of work. I am returning to Canada to work to save up to pay for the inland application. While I am in Canada I want my wife to stay with me and not have to go back to the USA. We have been together for 6 years long distance and would like to be able to live together now. I have heard with the inland application my wife would be able to stay in Canada and actually would not be able to leave. I don't want her to just keep coming for visits I want her to be able to stay with me.

 

[Aquakitty]

Just to clarify, you want to apply OUTLAND. She can apply outland while living in Canada.

Now there is this thing called "dual intent" http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp. That means you can have a PR application going while still visiting. But, that means she has to satisfy the CBSA officer at the border that she isn't permanently "moving" to Canada before she has her PR.

If you go to the border with all your worldly possessions this will show her intent to stay permanently in Canada, and this is a no-no especially before you've submitted a PR application.

So, she can stay for up to 6 months as a visitor. But, at the 5 month mark, you'll need to renew her status.

You want to apply outland because it's much, much faster. Some Americans have their full PR in 4 months. The average is usually 6-9 months. An inland application takes up to 25 months.

 

[ayrazar]

I understand but you have to pay for an inland app too. She can come and stay as a visitor 6 months (say shes visiting you for awhile. Provide ties to her country), save up, pay for outland, apply to extend her visitor status another 6 months while she's here before her status expires, win.

Outland takes WAY less time, especially for US citizens. She can stay while it's processing, but she can't work. Even with inland, she couldn't work for the first ~4 months, so.. Do what works for you. Just make sure you know all the deets.

 

[jd1992]

Can we apply for outland within Canada?

 

[Aquakitty]

Can we apply for outland within Canada?

Yes, read what I wrote above ;D

 

[jd1992]

Would it be OK to tell the border officials that my wife intends to stay for 6 months as a visitor or would she be turned away?

 

[jd1992]

Yes, read what I wrote above ;D

Thanks!

 

[Aquakitty]

Would it be OK to tell the border officials that my wife intends to stay for 6 months as a visitor or would she be turned away?

That's perfectly fine, but like I said, make sure she doesn't show up with a moving van.

 

[iiiEllie]

Would it be OK to tell the border officials that my wife intends to stay for 6 months as a visitor or would she be turned away?

Depends on the mood of the agent. Some will be fine with it, some will want proof to ties back in the US.

 

[jd1992]

That's perfectly fine, but like I said, make sure she doesn't show up with a moving van.

Haha we are bringing only 2 suitcases. Are you sure they will be OK with her staying 6 months? I was reading on the forums that she could be turned away for that but that doesn't make sense to me since it is legal. Its a bit frustrating.

 

[Ponga]

Ok...here goes:

Do NOT submit an Inland application, unless both of the following applies:

1. Your wife needs to work in Canada ASAP (which would be ~ 4 months after the application and Open Work Permit has been received by CIC, at the very least).

2. She has no interest in leaving Canada at all for the next 2 years (+), while waiting for the process to end.

An Outland application is substantially faster for most Americans. Unless there are `red flags', such as questions regarding your relationship, criminality or other inadmissibility issues, they seem to complete the entire process in ~ 8-10 months. The Outland application can be submitted now, while you are both in the U.S., or can be submitted when you return to Canada...with or without your wife.

To answer your last question...there's no way to guarantee that she (or anyone) will be allowed to enter Canada, but unless she has a criminal record (or other inadmissibility concerns) she shouldn't have any real difficulty. Showing proof at the border (if questioned) that you have at least paid for the sponsorship application(s) will certainly help. She should also be prepared to show that she has strong ties back home (bank account, housing, job, etc.) because until her PR has been approved, she cannot legally live in Canada...she can only `visit' you in Canada. The border officer needs to know that if her PR is denied, she will leave Canada voluntarily. I suggest you read the information, here, on something called dual intent:
http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

When she seeks entry into Canada, she will have a dual intent...right?

You'll find a lot of help and a lot of people in your same situation around here. It's really not as ominous as it appears to get through the process.


Good luck!

 

[Ponga]

Geez...I see that I typed my previous post waaaaay toooo slooooow.

You've already been told what to do.

 

[ayrazar]

An American citizen can stay for 6 months as a visitor. HOWEVER they can turn you away, or give a visitor record for less time. You can still apply for an extension with a VR tho. And if by then you've applied, you'll be alright.

My advice is bring proof she has ties to the states. Anything you can think of.