Entering Canada with American wife

[Paynter]

I am a Canadian citizen, my wife is American. My wife and I experienced issues entering Canada last spring now that she is my wife (now a family member and no longer a visitor). They issued her a visitor visa with a expiry date which we turned in on exiting Canada/entering the US to winter in the south. We were told that as a Canadian, I should apply to sponsor her as a Permanent Resident (I started the process). Conversely, I applied for a US Green Card.

But we both wish to retain our relative residencies (she in the US and me in Canada) for any number of reasons, in particular, tax treatment. Did we need to apply for the PR and GC?

 

[rhcohen2014]

do you intend to live together at all? in order for her to move to CAnada, stay long term, and work in canada, she needs to be sponsored as a pr. in order to maintain the status, she needs to live with you for 2 out of 5 years. I don't believe this actually has to be in canada. on the flip side, i don't think you can hold a green card in the US if you don't actually maintain a primary residence there. you may want to start browsing the family sponsorship forum, as people tend to respond quicker there and there could be a lot of information already written on this subject.

I would think if she intends to visit you long term in Canada, getting PR status will make it easier. CBSA will find it odd if you don't apply, and can refuse her entry if she tries to stay for a good amount of time. If you are just doing quick, short trips to see each other, then it may not be necessary, and you may want to consider getting nexus passes to cross the border quicker.

 

[scylla]

Your wife is still just a visitor. This has not changed by virtue of marrying you. As a visitor she is only allowed to visit Canada but not live here. As a visitor she can also be refused entry into Canada and obviously won't be permitted to work or qualify for provincial health care.

Since she already had some issues entering Canada previously, chances are higher this may happen again.

Where are you spending the majority of your time? If it's Canada then she should get a pr card. If its the US then you should get a green card. Continuing to do what you do today puts one or both of you at risk for being refused entry into your partner's country. Neither country is happy when visitors try to live there without proper authorization.

 

[Paynter]

Thanks for the prompt replies.

To clarify, my wife and I are both retired. She owns a home/car in Florida and I own a home/car in Ontario. We have chosen to spend the winter months in Florida and the summers in Canada. She pays income taxes in Florida. I pay income taxes in Canada.

We see no reason to change that arrangement if we don't have to. We thought that we needed to apply for PR and GC in order to avoid checking in and out with the authorities each time we enter/exit respective countries. We also travel somewhat outside of either country.

Suggestions?

 

[scylla]

As visitors there's really no way of avoiding the checking in and checking out with the authorities when you enter/exit your partner's country. You should definitely each apply for Nexus cards to make your crossings faster/easier. But a Nexus card certainly doesn't guarantee entry.

 

[Paynter]

We already have Nexus cards.

I am just not confident that we will be able to still keep our separate residencies. I get the feeling that as a married couple we have to select one country to be our country of residency. Is that correct or can we keep our separate resident statuses?

 

[Regina]

I get the feeling that as a married couple we have to select one country to be our country of residency.

You are correct.

Then there should not be any problems because you have a reason to stay in USA or Canada (houses in both countries). Like you will have to spend 183 days in your "country of residence" and 182 days a year in another country.
However, there are questions about taxes and keeping PR status.... You know what? If I am you- I would go to A LAWYER.

 

[steaky]

However, there are questions about taxes and keeping PR status.... You know what? If I am you- I would go to A LAWYER.

Accountant would be more useful than a lawyer in this case. As a green card holder, you might also need report your income to the US, in addition. If you and your spouse would be only staying for 6 months in each other's country, why bother to get GC or PR?