Friend sponsoring New Wife

[rhcohen2014]

I have a one year extension on my visitor status and have been told that I can use it to get in and out of the country anytime I want. This was told to us by our consultant and it was told to me by a boarder patrol person as well when they placed it in my Passport the day I got the extension.

this is the first i've ever heard this being a possibility. an extension doesn't allow someone to freely cross the border, as all entries are separate, and i've been told extension say right on them "not valid for reentry". the question isn't so much if you left and returned to the US, as there wouldn't be a problem for a US citizen to do this. The question is HAVE YOU ACTUALLY RETURNED TO CANADA and proven this to be true? It sounds like you are not in canada at the moment with an inland application in process. This is what is confusing and doesn't make sense because everything you write about your own case is the complete opposite of everything everyone here knows to be true about the process. whenever i ask specific questions about your case, they are not even acknowledged and complete answers are not given. To me this seems questionable.

Please answer this question. ARE YOU CURRENTLY IN CANADA OR NOT? If you are, did you experience difficulty crossing back into Canada because you have an INLAND application? if you are not, WHEN DO YOU INTEND TO RETURN? Would love to hear your experience about crossing the border so we can all have better insight into the inland process. Many people stay in canada during inland applications because it is believed that if you leave, it puts the application at risk. If you are saying this is NOT your experience, i think it's important for others to know this!

Again, what you were told about wait times is WRONG. Applying inland does NOT ensure you are able to work "faster". Generally speaking, US outland applicants wait the same amount of time to legally work as inland applicants. For the most part, the outland applicant has already LANDED and become PR, while the inland applicant is still waiting for overall approval. To me, it seems better to have a shorter OVERALL process and land within 1 year, than have to wait about that time only to be issued a work permit and still be waiting to become PR. That's just me though.

 

[Rob_TO]

It is an inland application so that I can work sooner, according to what we were told.

Based on current processing times, inland apps are taking 11 months for stage 1 approval so that is when you can work.
An outland app through CPC-Ottawa is taking around 8-10 months totay to get full PR and SIN, so you can usually work even quicker, and even have your whole PR status done.
Again if your consultant told you to file inland because it was "quicker", then your consultant is very very bad and you should not be using them.

I have a one year extension on my visitor status and have been told that I can use it to get in and out of the country anytime I want. This was told to us by our consultant and it was told to me by a boarder patrol person as well when they placed it in my Passport the day I got the extension.

You are NEVER guaranteed re-entry back to Canada, no matter what kind of status you have. The risk in leaving Canada with an inland app in progress is that you are refused entry for any reason, the inland app is cancelled. Of course chances of US citizens being refused entry are very small, but each time you try is still a risk.

 

[rhcohen2014]

You are NEVER guaranteed re-entry back to Canada, no matter what kind of status you have. The risk in leaving Canada with an inland app in progress is that you are refused entry for any reason, the inland app is cancelled. Of course chances of US citizens being refused entry are very small, but each time you try is still a risk.

US citizens are denied entry often, though statistically it may not look like a lot. Especially if CBSA sees the person has spent a majority of their time in canada with only short stints in the US and don't appear to be following the rules correctly (which would be my concern for this OP). These are major red flags, even with an application in process. While CBSA may eventually allow them to enter, more likely than not, it's not going to be long term. There's one particular poster who has written about her husband being limited to only 3 days a week because he didn't extend his visit in time and they live in border towns. I've personally been told our six months is calendar year, not per visit. So it really depends on the border agent you meet that day. the OP may just be the type of person border agents are more lenient toward.

 

[Rob_TO]

US citizens are denied entry. Especially if they have seen the person has spent a majority of their time in canada with only short stints in the US, don't appear to be following the rules correctly (which would be my concern for this OP). These are major red flags, even with an application in process. While CBSA may eventually allow them to enter, more likely than not, it's not going to be long term. There's one particular poster who has written about her husband being limited to only 3 days a week because he didn't extend his visit in time and they live in border towns. I've personally been told our six months is calendar year, not per visit. So it really depends on the border agent you meet that day.

In the majority of cases US citizens have no problems if they only cross the border a couple times in any given year. It's usually the ones that are going back and forth on a weekly basis or something, that run into problems. Yes there are always stories of people having a hard time, but compared to the sheer volume of people who have no problem at all... overall it's a pretty small chance of being denied.

 

[CMLR]

I am currently living in Canada and have left the country with the extension stapled in my passport. I was with my husband when leaving and coming back and we had really no questions asked of us when coming in. Yes we came in through a main boarder crossing so it is not because of the agents being less trained or anything. (We actually had more questions asked of us when leaving Canada which seemed strange to me) When I got my extension the boarder agent who gave it to me, after I had applied for it, wrote on it not only the date it is good until but that "During this time a PR will be submitted" He told me I could go back and forth and that the extension document would make it easy for me to do so without question as to where I belong. (I assume not without any questions asked but that he meant that I would not have issues re-entering) He did tell me I would have no problems coming and going. I will be testing this again, I guess, in a couple weeks as I have plans to visit a friend this time without my husband coming along. We live on Vancouver Island BC and I will be taking a ferry to Washington State.

 

[ABCml]

Then on the context of the entire relationship, he will be refused after the interview, as CIC usually asks "What will you do should I refuse this application?" The worst possible answer, aside from "I don't know", is "I refuse to live anywhere but Canada"

...just curious, what's this based on - direct experience, or do you know of actual cases from which to give this advice?

 

[rhcohen2014]

I am currently living in Canada and have left the country with the extension stapled in my passport. I was with my husband when leaving and coming back and we had really no questions asked of us when coming in. Yes we came in through a main boarder crossing so it is not because of the agents being less trained or anything. (We actually had more questions asked of us when leaving Canada which seemed strange to me) When I got my extension the boarder agent who gave it to me, after I had applied for it, wrote on it not only the date it is good until but that "During this time a PR will be submitted" He told me I could go back and forth and that the extension document would make it easy for me to do so without question as to where I belong. (I assume not without any questions asked but that he meant that I would not have issues re-entering) He did tell me I would have no problems coming and going. I will be testing this again, I guess, in a couple weeks as I have plans to visit a friend this time without my husband coming along. We live on Vancouver Island BC and I will be taking a ferry to Washington State.

very interesting. there have been other posters mentioned being told extensions can not be applied at the border, can only be applied through mail or online. so again this just shows it really all does depend what officer you get. keep us updated on your future crossings for sure, because essentially everything in your story seems to be the opposite of how the process is "suppose" to be.

 

[mikeymyke]

...just curious, what's this based on - direct experience, or do you know of actual cases of which to give this advice?

Read 100s of cases on Canlii.org. It's a public database of all appeal cases, and believe me, I've read tons of these cases. The VOs always express concern with age differences, but they are very suspicious of people who don't speak a common language. Also, typically near the end of a case, they always ask about the couple's plans should the PR application fail, and the VOs always express concern if both parties do not have a plan, or are only set on residing in Canada, which seems to be what the case is here.

I've read so many Canlii cases, but I especially read the ones about Vietnamese spouses, because my wife is Vietnamese. I read all the refusal cases on Vietnamese, and I read things that I didn't even realize were red flags. For example, I didn't know they expect you to do every single thing related to a traditional wedding, such as street procession, exchange of gifts, praying at altar of grandparents, because I'm not knowledgable with Vietnamese weddings. Before our wedding, I asked my wife if our wedding is going to have all this stuff, and she says yes, so I was relieved because I know our wedding will have been performed to the VO's wishes.

I read lots of Vietnamese cases where the VO expressed concern that the couple had a traditional wedding, but for example, didn't hold a street procession because they thought that meant the couple didn't want their relationship to be public.

Canlii.org is a huge resource and its very helpful for people trying to see what goes on in the eyes of a VO

 

[ABCml]

Read 100s of cases on Canlii.org. It's a public database of all appeal cases, and believe me, I've read tons of these cases. The VOs always express concern with age differences, but they are very suspicious of people who don't speak a common language. Also, typically near the end of a case, they always ask about the couple's plans should the PR application fail, and the VOs always express concern if both parties do not have a plan, or are only set on residing in Canada, which seems to be what the case is here.

I've read so many Canlii cases, but I especially read the ones about Vietnamese spouses, because my wife is Vietnamese. I read all the refusal cases on Vietnamese, and I read things that I didn't even realize were red flags. For example, I didn't know they expect you to do every single thing related to a traditional wedding, such as street procession, exchange of gifts, praying at altar of grandparents, because I'm not knowledgable with Vietnamese weddings. Before our wedding, I asked my wife if our wedding is going to have all this stuff, and she says yes, so I was relieved because I know our wedding will have been performed to the VO's wishes.

I read lots of Vietnamese cases where the VO expressed concern that the couple had a traditional wedding, but for example, didn't hold a street procession because they thought that meant the couple didn't want their relationship to be public.

Canlii.org is a huge resource and its very helpful for people trying to see what goes on in the eyes of a VO

Excellent. Checking out Canlii.org now

 

[rhcohen2014]

Canlii.org is a huge resource and its very helpful for people trying to see what goes on in the eyes of a VO

cool! another website for me to obsess over. thanks mikey!

 

[CMLR]

I had applied through the mail for an extension but had to leave Canad in order to get my Divorce Decree from the county I was divorced in. I had tried to get the decree online but was not able to due to how many years ago it happened, my divorce was finalized just a few months before the date allowed for asking for them online, more than 10 years ago. When I came to go back into Canada at that time I had all the proof with me that I had sent in my application for extension I had my marriage license, my divorce decree, a letter from my husband, Written with the help of the consultant, stating he planned to support me and that in fact he had been for nearly 6 months already. Of course I also had my passport. The Agent was able to find that I applied already he did this by going to a different computer and was gone for about 30 minutes while I waited, he did ask for my marriage license and my proof of application. This agent then told me I really did not have to apply for the extension as I had I could have just brought it with me which would have saved me 100 dollars. I told him, and it was in the letter from my husband, that we were in the process of getting the remaining things done needed to send in my PR Application. This is when he showed me that my extension was for a year and also when he wrote on it with me present that during that year I would be applying for PR. It was about a month later after medical exams, x-rays, FBI finger printing and double checking the application that we sent the application.

I hope my explanation is helpful and clear. I hope it can show others that yes you can go back and forth. Remember I did state already that this agent told me I can go back and forth without much in the way of questions and that I have actually had that experience already and not had a problem.

 

[CMLR]

As to our friend and his situation. I figured it would be a very tough process for them even if it was just the age difference. Thanks for telling me about all the other red flags that this couple have to overcome, if they can. It might be that our friend will say that he is willing to live there in an interview but I know what he tells us. My husband has on several occasions suggested that our friend just get his affairs in order here in Canada and start a new life there with her in Cuba but our friend tells us no for many reasons, mostly about lifestyle there.

I am thinking another red flag would be that this is the man's 4th marriage am I right? That plus from what I have read he has to support his new wife's 5 year old daughter for at least 10 years, does this mean even if the wife left him during that time which I am sorry to say I believe will happen although she could really prove me wrong I have not met her of course so there is a chance she is genuine. I am thinking the the government of Canada will see his age and say how in the world can we be sure he will last another 10 years to support this child, who even in 10 years will only be 15. Another concern, he tells us that the child, a daughter, is often sick and I can think of 2 times, at least, that she has been in the hospital in the last year. I don't know if that is so much that she is sickly or if it is because mommy was a doctor and was over cautious. Mom is no longer a doctor as she had to give it up in order to marry and move out of Cuba. I guess they do not let doctors leave the country to live.

 

[kittyandpipit]

this is all very confusing, I thought an inland application was automatically cancelled if the applicant left the country? or it is just a risk?

do you care that you are paying your consultant for bad advice?

I will say...when my husband re entered Canada with his extension (that was clearly 'marked does not guarantee re-entry') the border lady seemed more than happy with this, as we had lots of other things ready to show her, but she was only interested in the extension.

 

[kittyandpipit]

Read 100s of cases on Canlii.org. It's a public database of all appeal cases, and believe me, I've read tons of these cases. The VOs always express concern with age differences, but they are very suspicious of people who don't speak a common language. Also, typically near the end of a case, they always ask about the couple's plans should the PR application fail, and the VOs always express concern if both parties do not have a plan, or are only set on residing in Canada, which seems to be what the case is here.

I've read so many Canlii cases, but I especially read the ones about Vietnamese spouses, because my wife is Vietnamese. I read all the refusal cases on Vietnamese, and I read things that I didn't even realize were red flags. For example, I didn't know they expect you to do every single thing related to a traditional wedding, such as street procession, exchange of gifts, praying at altar of grandparents, because I'm not knowledgable with Vietnamese weddings. Before our wedding, I asked my wife if our wedding is going to have all this stuff, and she says yes, so I was relieved because I know our wedding will have been performed to the VO's wishes.

I read lots of Vietnamese cases where the VO expressed concern that the couple had a traditional wedding, but for example, didn't hold a street procession because they thought that meant the couple didn't want their relationship to be public.

Canlii.org is a huge resource and its very helpful for people trying to see what goes on in the eyes of a VO

I will definitely be checking this out, thanks!!!

 

[mikeymyke]

No problem guys! Enjoy reading the cases!

This is one of my favourite cases, guy sponsoring Vietnamese girl. During the interview, the girl was caught with romantic text messages from another guy on her phone. They even posted his phone #

http://www.canlii.org/en/ca/irb/doc/2009/2009canlii89076/2009canlii89076.html?searchUrlHash=AAAAAQAHdG8ga2hhaQAAAAAB