+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Help with border crossing before sponsorship is submitted

nNai

Member
Mar 25, 2016
11
0
I apologize in advance for the long post. I tried to look on the forums to see if my question had already been answered, but I didn't find anything specific enough to match my case and position. Any advice or thoughts will be greatly appreciated, as we need to figure out what to do before we leave for Canada next month.

My boyfriend and I want to be together. He is a Canadian Citizen and I am a US Citizen, and we have been in a long-distance relationship for 2+ years. We intend to move in together in Canada, via the Family Sponsorship Program, which would allow myself, the US Citizen, to become a Permanent Resident, and therefore able to work and go to college.

In order to qualify, the US Citizen must be a Common-Law Spouse, which essentially requires the two of us to live together for 12 consecutive months, according to online government sources. However, US and Canadian Visas only allow for visitors up to a maximum of 6 months. Therefore, our plan was for the Canadian to reside six months in the US on a standard B2 Nonimmigrant visa, after which we would move back up to Canada and repeat the process with the US Citizen, and then we would apply for Family Sponsorship.

The first 6 months in the US is almost over, mostly due to the excessive tardiness of the USCIS bureau in dealing with Visa extension applications. Our move date is in April and we plan to drive across the border on the 24th. The US citizen's employment will end that week, as well as the lease on the apartment we live at, so we won't really have a place to return to in the US. As such, we want to make sure everything goes as smoothly as possible and we do whatever we need to gain entry into Canada. In Quebec, we have family and a place to stay, so living for 6 months on just a few suitcases won't be too much of an issue.

The return to Canada does bring up questions we forgot to consider before, however.
In short, we want to make sure that the US Citizen will not be denied entry, based on two factors:
- US Citizen is currently not yet enrolled in Family Sponsorship and needs entry on a visitor visa
- US Citizen intends to ship furniture and other items into Canada in such a way that may hint that her intent is not to leave Canada and consequently result in her being barred.

1 - Since the US Citizen needs entry on a visitor visa, are there any tips or processes that can be done in order to more smoothly cross the border or to ensure that we get the 6 months we require? I don't believe that we can say "We intend to sponsor" and have that mean anything if we do not currently have an application open. Is it best to just say "We're driving the Canadian back home and the American will just be visiting for a few weeks or a month" instead and hope they don't limit the American's stay with a departure date?

2 - For simplicity's sake, we intended to load up all of our belongings (furniture and other household items that's equivalent of a studio apartment) into a container and have it shipped to us in Canada while we drive up. From what I could tell, anything you're shipping into Canada must be declared when you cross the border.
a) Will this possibly arouse suspicion at the border and cause the US Citizen to be denied entry on the basis of having clearly a 'whole apartment' worth of stuff?
b) If the shipment is in the Canadian Citizen's name instead, would this help it pass 'under the radar'?
c) Will they be suspicious of the shipment either way, whether it's in the US or Canadian's name? Is it best to just ship everything later after our sponsorship application is submitted?

3 - If we cannot ship the items immediately with us, then we considered storing the items in the US for the six month period until the US Citizen can receive them without problems. We've found a service that can hold the shipment in New York for however long we need. When we're ready, the service will finish shipping it into Canada. At what point can we actually ship it? Once we've lived together for 12 consecutive months and the Common-Law Spouse Family Sponsorship application is submitted and a confirmation receipt is issued? Do we have to wait till the application is actually approved?

4 - If the shipment is received later down the line instead of shortly after crossing the border into Canada, how do we go about receiving it at customs and passing it through with the settler's exemption if we've been living in Canada for the last 6+ months? Do we need to go back to the US and cross again just so we can declare it at the border? And if so, is there any danger in not being let back in?

I hope my question and situation makes sense, and thank you to anyone who takes the time to read and reply.
 

Aquakitty

VIP Member
Mar 21, 2011
3,014
164
BC
Category........
FAM
Visa Office......
Ottawa
App. Filed.......
04-03-2015
AOR Received.
14-04-2015 - SA Received: 20-04-2015
Med's Done....
28-01-2015 Upfront
Interview........
Waived
Passport Req..
N/A
VISA ISSUED...
25-06-2015
LANDED..........
11-07-2015
The easiest way is to simply "visit" your spouse's family in Canada. You tell the CBSA you are visiting his/her family for a month. If you are crossing together by car, there is much less scrutiny. Since you can't do anything about the sponsor application until you are common-law, this is the easiest way. If they do stick you with a visitor record, just submit renewal online before it expires (application to change conditions or extend your stay as a visitor).

Also, you could have just lived in Canada for the 12 months by "visiting" and renewing your visitor status at the 5 month mark. You will have to renew it anyways as the PR will take another 4 months from the time your common-law status kicks in.


As for the furniture, the Canadian citizen should be the ones handling it if you feel you really want it. Honestly though, I suggest just selling it all and buying new items, bring no more than a normal car vacation trip's worth into Canada.
If you want to bring it over on your B4 form, you'll have to wait until you land as a PR, so it will be probably another year in storage. Whatever you do, do not ship the stuff or bring a uhaul or do anything that would look like you are moving to Canada.

Take care to apply OUTLAND when the time comes. Do not be confused by the wording on the CIC site.
 

Ponga

VIP Member
Oct 22, 2013
10,586
1,560
Job Offer........
Pre-Assessed..
nNai said:
The first 6 months in the US is almost over, mostly due to the excessive tardiness of the USCIS bureau in dealing with Visa extension applications. Our move date is in April and we plan to drive across the border on the 24th. The US citizen's employment will end that week, as well as the lease on the apartment we live at, so we won't really have a place to return to in the US. As such, we want to make sure everything goes as smoothly as possible and we do whatever we need to gain entry into Canada. In Quebec, we have family and a place to stay, so living for 6 months on just a few suitcases won't be too much of an issue.

Do NOT voluntarily disclose this information to the CBSA. If you are asked about your employment and housing in the US, you must not lie about it, but suffice to say that if they become aware that you're (in essence) moving to Canada, you may be denied entry. You need to understand what Dual Intent is and how the CBSA officers use that for determining admissibility into Canada. You can find it on CIC's website.


The return to Canada does bring up questions we forgot to consider before, however.
In short, we want to make sure that the US Citizen will not be denied entry, based on two factors:
- US Citizen is currently not yet enrolled in Family Sponsorship and needs entry on a visitor visa (A US citizen does not require a visa)
- US Citizen intends to ship furniture and other items into Canada in such a way that may hint that her intent is not to leave Canada and consequently result in her being barred. (BAD idea). CBSA will likely intercept the shipment and ask you what your status is in Canada.

1 - Since the US Citizen needs entry on a visitor visa, are there any tips or processes that can be done in order to more smoothly cross the border or to ensure that we get the 6 months we require? I don't believe that we can say "We intend to sponsor" and have that mean anything if we do not currently have an application open. Is it best to just say "We're driving the Canadian back home and the American will just be visiting for a few weeks or a month" instead and hope they don't limit the American's stay with a departure date? See the part about Dual Intent.



I hope my question and situation makes sense, and thank you to anyone who takes the time to read and reply.
 

epmarshall

Hero Member
Oct 11, 2014
228
6
Job Offer........
Pre-Assessed..
Make sure you have a backup plan if you do get denied. It's not going to look good to say you just left your job and place to live. I am a US citizen who was denied once in 2014 trying to enter Canada.

Just curious, are you two set on Canada PR rather than the US Green Card route?

I ask because you are in one of the few situations that would allow you to stay with your boyfriend in the US while getting the Green Card for him. He's already in the US so you could just adjust status for him rather than having him leave the country and sponsor him for a Green Card provided you marry and make enough money to sponsor him or have a cosponsor who does.

I'm no expert, so of course ask others on a US immigration forum for more specifics. In our case, my boyfriend is the one with the place to live and income right now so we're doing Canada, but I just know that if I was in your situation I'd want to know all options available to me.

Obviously, ignore this if you two simply want to live in Canada above all else.

Good luck!
 

nNai

Member
Mar 25, 2016
11
0
Thank you for your responses and advice! We decided early on that we wanted to live in Canada, as opposed to the US, because of the low cost of collegiate studies and proximity to family. That's why we're taking this route. In regards to what we say at the border, we won't be giving any information they don't ask for. We just intend to say the Canadian is returning home and the American is coming up for a few weeks stay. We won't mention wanting to apply for sponsorship or wanting to ship anything extra. It will be just us and some luggage in a car.

As for shipping our household goods, I think it's clear now that they will need to stay in storage in the US until we can send for them. However, what we're wondering now is if the Canadian can send for them before the sponsorship is approved, as opposed to having the US Citizen receive them as settler's items.
We don't mind paying duty and taxes on it, since it's only a few things and probably only worth $1000 total, but we just need to know if he has to actually travel to the US and back across the Canadian border to do so, or if we can just have the shipping company send it through and he go down to customs and explain to them. I'm not sure exactly where to call to find out that information, because it's relating to returning residents and snowbirds instead of visitors. So if anyone has info regarding that, it would be very helpful.
 

Aquakitty

VIP Member
Mar 21, 2011
3,014
164
BC
Category........
FAM
Visa Office......
Ottawa
App. Filed.......
04-03-2015
AOR Received.
14-04-2015 - SA Received: 20-04-2015
Med's Done....
28-01-2015 Upfront
Interview........
Waived
Passport Req..
N/A
VISA ISSUED...
25-06-2015
LANDED..........
11-07-2015
nNai said:
Thank you for your responses and advice! We decided early on that we wanted to live in Canada, as opposed to the US, because of the low cost of collegiate studies and proximity to family. That's why we're taking this route. In regards to what we say at the border, we won't be giving any information they don't ask for. We just intend to say the Canadian is returning home and the American is coming up for a few weeks stay. We won't mention wanting to apply for sponsorship or wanting to ship anything extra. It will be just us and some luggage in a car.

As for shipping our household goods, I think it's clear now that they will need to stay in storage in the US until we can send for them. However, what we're wondering now is if the Canadian can send for them before the sponsorship is approved, as opposed to having the US Citizen receive them as settler's items.
We don't mind paying duty and taxes on it, since it's only a few things and probably only worth $1000 total, but we just need to know if he has to actually travel to the US and back across the Canadian border to do so, or if we can just have the shipping company send it through and he go down to customs and explain to them. I'm not sure exactly where to call to find out that information, because it's relating to returning residents and snowbirds instead of visitors. So if anyone has info regarding that, it would be very helpful.
The sponsor can bring back the stuff alone, just make out an itemized list with receipts. The important thing is have all the receipts and items listed and things will go much smoother. The sponsor can say they lived in the US for 6 months and are now returning to Canada. I've brought over thousands of dollars of stuff, without my husband involved. Even when he was in Canada out of status.