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Crossing the border

Mouces

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Sep 22, 2012
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My Fiance and I are getting married in August. We are going to start filling out paper work now, but will not submit it until Nov. What should we say when crossing the border into Canada?

I am CAD, she is US, and we are getting married in the USA, then traveling to CAD a week later.
 

amikety

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You, being the Canadian, should tell the border agent you want her to visit you in Canada. It's best if you are making the requests.

If she's admissible in Canada in general, this shouldn't be a big deal. They may want to interview you or see proof you can support her, so paystubs are a good idea to have with you.
 

tuyen

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Mouces said:
My Fiance and I are getting married in August. We are going to start filling out paper work now, but will not submit it until Nov. What should we say when crossing the border into Canada?

I am CAD, she is US, and we are getting married in the USA, then traveling to CAD a week later.
If you're going to be entering Canada as a married couple, I would simply tell that to the border agent. Tell them you just got married (have your marriage certificates with you, as well as proof of citizenship from each of you), and say that you just got married a week ago and will be living in Canada and will be filing your sponsorship application as soon as you get home. Have your filled-out sponsorship application with you so you can show it to them in case they ask.

You shouldn't have any problems at the border for the simple fact that she's an American, you're a Canadian, and she would be allowed to enter Canada for 6 months anyway for whatever reason, regardless if you're married or not. Just make sure you have all of your paperwork with you, and everything should go smoothly.
 

amikety

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One note: Make sure you say she is "visiting" you NOT living with you. Living with tells the agent she doesn't plan to leave Canada and may overstay.
 

tuyen

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amikety said:
One note: Make sure you say she is "visiting" you NOT living with you. Living with tells the agent she doesn't plan to leave Canada and may overstay.
Yeah but does it really matter at that point? The border agent would know that if they're married, there's a pretty good chance that they want to live together as opposed to separately from now on, so there's no point in trying to mislead him. And besides, if they file an inland application, she's automatically allowed to overstay the 6 months until her application is processed anyway.
 

amikety

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OP hasn't stated intention to apply Inland or Outland.

Also, without the application, it's all hot air.

The advice I'm giving has been given over and over by Americans with significant experience crossing the border. You can use the search tool and search "American border crossing" or "American Visitor's Record" and see many stories from American spouses crossing the border.

Not to mention, if they cross the border a week after their wedding, they won't have a Marriage Certificate to show. I don't know of anyone that can provide a Marriage Cert in less than one week.
 

tuyen

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amikety said:
OP hasn't stated intention to apply Inland or Outland.

Also, without the application, it's all hot air.
Well, I was going on the assumption that it would be inland, just based on the way he said that they'll be getting married and then heading for Canada. There was no mention of her going back, so I extrapolated.

If she's planning to return to the U.S., then my advice about an inland application was premature.

amikety said:
Not to mention, if they cross the border a week after their wedding, they won't have a Marriage Certificate to show. I don't know of anyone that can provide a Marriage Cert in less than one week.
Depends on the jurisdiction. I'll be getting married in Italy, and we'll have our marriage certificate the same day.
 

scylla

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tuyen said:
Yeah but does it really matter at that point? The border agent would know that if they're married, there's a pretty good chance that they want to live together as opposed to separately from now on, so there's no point in trying to mislead him. And besides, if they file an inland application, she's automatically allowed to overstay the 6 months until her application is processed anyway.
Yes - I think it certainly matters. A few times a year we see people here (Americans) who accidentally or unknowingly say "living" and get slapped with a one year ban from entering Canada. Until someone is actually authorized to live in Canada they need to behave as a visitor.
 

blueangel371115

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I've always stated that I am visiting my fiance I work at_____ and length of stay with no trouble. One time, they joked about my many visits and asked when I was filing for my visa (seriously) :p. My fiance (boyfriend at the time) said "we're working on it". We were both straightforward and honest.
 

tuyen

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scylla said:
Yes - I think it certainly matters. A few times a year we see people here (Americans) who accidentally or unknowingly say "living" and get slapped with a one year ban from entering Canada.
If you're an American citizen, you're allowed to LIVE in Canada for a period of 6 months for whatever reason you choose. So whether you say "living" or "visiting", it's all semantics.
 

parker24

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tuyen said:
If you're an American citizen, you're allowed to LIVE in Canada for a period of 6 months for whatever reason you choose. So whether you say "living" or "visiting", it's all semantics.
No. If you say live, you can be banned. Plain and simple. And not many people want to put that on their "record". Plus they cannot legally live here, while they can VISIT, they cannot LIVE. You say the word LIVE and they will kick you out before you can say Bob's your uncle.
 

kafkaesque

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parker24 said:
No. If you say live, you can be banned. Plain and simple. And not many people want to put that on their "record". Plus they cannot legally live here, while they can VISIT, they cannot LIVE. You say the word LIVE and they will kick you out before you can say Bob's your uncle.
I really feel obligated to reiterate that. I was personally warned when driving across the border once to be sure I was just visiting and not living on an ongoing basis illegally. When I say warned, I mean they dismantled all my suitcases and tore apart my car making sure I wasn't bringing anything that looked like "moving".

Unless you are granted a status of legal residency (temporary or permanent) by the Canadian government, as a US citizen you do NOT have the right to live in Canada. You have the right to visit, without intention of staying, up to 6 months. This is why they ask at the border for a return plan, where you work in the US, etc.

Of course this doesn't mean that they don't realize if you are visiting while waiting for your PR to come through that you plan on staying someday. They're not stupid- but it also means if they get the idea you are moving for realsies, they can turn you back and ban your entry. Please don't risk it. Tell them you're visiting (which you are if you can't work or go to school, open a bank account, have health insurance, etc, let's be honest) and don't try to play "semantics". You play at that and you will regret it.
 

amikety

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Is the part about a bank account and healthcare generalize or is there a regulation behind it? I have both joint with my husband. I'm also on a Visitor's Record as opposed to passport stamp.
 

ivelinan

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kafkaesque said:
I really feel obligated to reiterate that. I was personally warned when driving across the border once to be sure I was just visiting and not living on an ongoing basis illegally. When I say warned, I mean they dismantled all my suitcases and tore apart my car making sure I wasn't bringing anything that looked like "moving".

Unless you are granted a status of legal residency (temporary or permanent) by the Canadian government, as a US citizen you do NOT have the right to live in Canada. You have the right to visit, without intention of staying, up to 6 months. This is why they ask at the border for a return plan, where you work in the US, etc.

Of course this doesn't mean that they don't realize if you are visiting while waiting for your PR to come through that you plan on staying someday. They're not stupid- but it also means if they get the idea you are moving for realsies, they can turn you back and ban your entry. Please don't risk it. Tell them you're visiting (which you are if you can't work or go to school, open a bank account, have health insurance, etc, let's be honest) and don't try to play "semantics". You play at that and you will regret it.
I have to agree 100% with kafkaesque here, and I wish that I had found this thread a long time ago b/c it would have saved me so much headach at the border. I have now crossed from US to Canada about 8 times since last fall, while waiting for my PR papers, and I have been harrassed (what I felt as harassing untill I got used to it) every time with crazu questions, which unknowingly I felt I did not even have to be asked since I am legally allowed to enter for any reason I feel like.

This is my experience at the border:

Going with a train, they only ask when you're returning to the US, where you live, what you do for a living, do you rent, own, etc. I discovered that it's very important to say you are coming for no more than 2 weeks b/c qutherwise they get suspicious and start asking ALL kinds of other crazy questions, mainly having ot do with how come you can be vacationing for so long, how will you support yourself during that time. And they are VERY serious about that part, so yes bank statements and pay stubs have been asked of me, although I did not have them on my of course.

On time, a few day after our wedding in the US, (we were SO lucky, we didn't know it at the time), we crossed with my husband's car, my mother and me, AND A UHAUL TRAILER with all my belongings. I was sure we are going to have some issues, but they just let us in no problem. And ew had not even filed for my papers at the time... now looking back, that was very very strange :)

One time, thiniking that we have absolutly nothing to worry about, we were at the borer 5 hours while they dismanteled our entire car ( I only had regular amounts of luggage then), but they went through EVERYTHING, called my firends in the US who own the house where my "permanent address" is (freaked the hell out of them), ask them all sorts of questions. They separated my husband and I in different intergoation rooms with metal chairs bolted to the concrete floor..... FREAKIGN OUT! for 5 hours, and then let us go through....

So, conclusion :) You are visiting for no more than 2 weeks, you have very convincing reasons to return, and a clean and clear explanation of how you wil suport yourself during that time. Even the fact that I now show them my "in progress" documents does not impress them in the slightest.
 

tuyen

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ivelinan said:
One time, thiniking that we have absolutly nothing to worry about, we were at the borer 5 hours while they dismanteled our entire car ( I only had regular amounts of luggage then), but they went through EVERYTHING, called my firends in the US who own the house where my "permanent address" is (freaked the hell out of them), ask them all sorts of questions. They separated my husband and I in different intergoation rooms with metal chairs bolted to the concrete floor..... FREAKIGN OUT! for 5 hours, and then let us go through....
Because you were lucky enough to end up with an a-hole for a border guard. It had nothing to do with anything you said or didn't say, and everything to do with the fact that he/she was in a pissy mood that day and decided to show what a big bad tough guy he was.

The exact same thing happened to my parents many years ago when we went over to the Buffalo area for some cross-border shopping. On the way back, my dad declared everything he paid for (down to the penny), and even showed the guy his receipts. But of course, being the ever-vigilant border guard that he was, he noticed my mom's coat hanging on the back of her passenger seat and was CONVINCED that she bought it down in the states and didn't declare it. Moron. My dad declared hundreds of dollars of stuff with all receipts, but my mom's $50 jacket he was keeping as a big secret to screw over the border guards? As I said - moron. So they took both my parents in, put them in separate rooms, asked them all kinds of idiotic questions, and in the end, guess what - they had to let them go because the moron's supervisor came over and asked what was going on. My dad showed him all his receipts, and the guy said "yeah but she doesn't have a receipt for her coat!" And the supervisor looks at him and says "did it ever occur to you that she didn't have a receipt because it was purchased years ago?" He then apologized to my parents for the delay and sent them on their way.

You can do everything RIGHT and still get hassled because of a moron.