Hoping someone can help answer some questions. Getting desparate.

[Soleil2020]

Hello everyone. I'm new to this forum. I'm an American who is about to be married to a Canadian citizen and we are applying for him to sponsor me for my PR.
I have several questions that I can't seem to find the answers to anywhere.

We have been in a relationship for a little over a year. He asked me to marry him and I said "yes". We were planning to be married this summer We thought the process would be relatively simple, but things got complicated back in June when I tried to cross with my fiance and too much stuff in my car. I do have family in Canada that I was planning to spend a lot of time with and I had been advised not to tell them at the border of my plans to marry a Canadian. So I told them I was coming over to spend the summer with my relatives. They did not believe me and denied me entry at that time. They allowed me to enter two days later, however, once I purchased travel insurance and showed that I had ties in the states They gave me a limit of time, though, which I made sure I followed.

Since then I have been back and forth from the usa to ca 2 times. Each time I have been held up at the border and given a time limit to how long I can stay. It has been in line with how much insurance I purchased. For example, if I purchased two weeks worth of insurance, I was allowed to stay 2 weeks.

It's obvious to me I've been flagged. My fiance and I are planning to be married in the states on August 11. Because of the first incident where I was denied entry and the subsequent flagging of me, I am terrified that the border guards are going to think my getting married to a Canadian is a ploy to get to stay in Ca. and deny me entry or worse, ban me for a certain amount of time on the spot.

We have an atty and have started the proceedings of applying for sponsorship/PR. When I explain this to the border guards, will it likely help me or hurt me, since they already are suspicious of me?

Also, when we cross back over, I was planning to ask to stay for up to 6 months so I can be with my husband as much as possible while we wait for the process to be complete, but I'm afraid again, that asking for that much time will make them even more suspicious of me.

Even though I know my intentions were never to stay illegally and we ( my future husband and I) know that we are a legitimate couple, but we also know that doesn't matter one bit that we are real, as long as the boarder guards don't believe me. Our lives can basically be destroyed in an instant by one person.

Does anyone have any advice? I'm getting sick from losing sleep over this when this should be one of the happiest times of my life.

Thanks for any insight.

 

[scylla]

The best thing you can do is submit the PR application BEFORE you try crossing into Canada and asking for the six months. You should bring proof you have submitted the application (and paid all fees) and cross with your husband. Having a submitted application will demonstrate that you are working to make your status in Canada permanent.

 

[OhCanadiana]

Hello, and welcome.

A few thoughts:

1. Congratulations on your upcoming wedding. Try to enjoy this time and create beautiful memories that will last you a lifetime. You will reach the end of the journey and immigrate and - as hard as it seems now - you will eventually be able to immigrate and this will simply become a small chapter of your life ... try to let your wedding plans overwhelm the headaches and capture those memories in your heart.

2. It sounds like you are getting questioned at the border because the officers are concerned you may overstay ... as you said yourself in your post. I'm sure you understand this is a valid concern so keep doing what you have been showing ties to the US when you cross the border to be very clear that you are only visiting. Read GOGOGO's experience for someone's experience. There are other threads where you'll see experiences vary significantly, based on preparation, knowledge, and luck of the draw of the border officer.

3. Take a look at this Bulletin on dual intent which will help you understand CIC's perspective on the matter and how officers should assess your intent.
For additional insight, you can look at this CIC page on dual intent for students.

4. Your sponsorship application is separate from any temporary stay. While folks have reported it helps to show you are doing everything right in the long term, until your PR is approved you will be in a bit of a 'gray area.' Make sure you understand the requirements of dual intent so you can show you understand what constraints you have in the short term (no working in Canada, no studying, don't move your belongings yet, etc) and can communicate that at the border.

5. Get your application for PR submitted as soon as possible. I realize you are working with an attorney and they are probably managing the timeline. However, if you haven't gotten your FBI background check rolling yet, you probably should. If I were in your shoes, I'd want to make certain my application was complete before my wedding and then in the mail Aug 12 (after adding in photos from my wedding). I would take a look at the sponsorship application package - http://www.cic.gc.ca/english/information/applications/fc.asp - and make sure you'll reach the finish line when you want.

6. Be happy that you haven't raised their suspicions enough that they are just checking things in detail (it's their job to do so) and haven't not let you in (it's happened ... with various conclusions to the story ... folks retry successfully with additional proof the next day, request for bond to prove you will leave, and in some cases denial). You are preparing well (health insurance, etc) and are saying the right things in your post and you've gotten through each time so I think it's just a matter of vocabulary and confidence to communicate it effectively at the border. Going over the rules should help this.

7. After your wedding, it may help to cross the border with your husband so he can vouch for you and the fact that he also understands the constraints you are under as a visitor. Having your application shows you are trying to do the right thing so have a copy of it with you (including proof of having paid your fees).

8. Once you are in Canada as a visitor, if you decide you want to extend your stay (it sounds like you want to stay as long as possible with your husband) you can apply to do so from within Canada without needing to leave. The application material is at http://www.cic.gc.ca/english/visit/extend-stay.asp.

Questions? Don't hesitate to ask.

Good luck

Hello everyone. I'm new to this forum. I'm an American who is about to be married to a Canadian citizen and we are applying for him to sponsor me for my PR.
I have several questions that I can't seem to find the answers to anywhere.

We have been in a relationship for a little over a year. He asked me to marry him and I said "yes". We were planning to be married this summer We thought the process would be relatively simple, but things got complicated back in June when I tried to cross with my fiance and too much stuff in my car. I do have family in Canada that I was planning to spend a lot of time with and I had been advised not to tell them at the border of my plans to marry a Canadian. So I told them I was coming over to spend the summer with my relatives. They did not believe me and denied me entry at that time. They allowed me to enter two days later, however, once I purchased travel insurance and showed that I had ties in the states They gave me a limit of time, though, which I made sure I followed.

Since then I have been back and forth from the usa to ca 2 times. Each time I have been held up at the border and given a time limit to how long I can stay. It has been in line with how much insurance I purchased. For example, if I purchased two weeks worth of insurance, I was allowed to stay 2 weeks.

It's obvious to me I've been flagged. My fiance and I are planning to be married in the states on August 11. Because of the first incident where I was denied entry and the subsequent flagging of me, I am terrified that the border guards are going to think my getting married to a Canadian is a ploy to get to stay in Ca. and deny me entry or worse, ban me for a certain amount of time on the spot.

We have an atty and have started the proceedings of applying for sponsorship/PR. When I explain this to the border guards, will it likely help me or hurt me, since they already are suspicious of me?

Also, when we cross back over, I was planning to ask to stay for up to 6 months so I can be with my husband as much as possible while we wait for the process to be complete, but I'm afraid again, that asking for that much time will make them even more suspicious of me.

Even though I know my intentions were never to stay illegally and we ( my future husband and I) know that we are a legitimate couple, but we also know that doesn't matter one bit that we are real, as long as the boarder guards don't believe me. Our lives can basically be destroyed in an instant by one person.

Does anyone have any advice? I'm getting sick from losing sleep over this when this should be one of the happiest times of my life.

Thanks for any insight.

 

[Soleil2020]

Thank you very much for your response to my concerns. I will consider all the points you have made.

I'm wondering too , as I'm researching about this, what about the following:

"February 18, 2005: Good New for Spouses and Common-Law Partners

*OTTAWA, February 18, 2005 — The Honourable Joe Volpe, Minister of Citizenship and Immigration Canada (CIC), ended this Valentine’s Day week by announcing today that most spouses and common-law partners of Canadian citizens and permanent residents, regardless of their status, will be allowed to remain in Canada while their immigration application is being considered. The change, which applies to couples who are in a genuine relationship, comes into effect immediately.

“This change addresses real concerns about the hardships that some couples would experience if they had to be separated during the application process,” said Minister Volpe. “Reuniting families is a key objective of Canada’s immigration law. My department has worked very closely with the Canada Border Services Agency, to ensure that unsuccessful applicants will be required to leave Canada so that our generous immigration program is protected from abuse.”

Spouses and common-law partners who apply outside Canada will continue to be processed on a priority basis so that families can be quickly reunited.

“I’m happy to report continued progress in processing times. For example, most of our missions abroad are processing sponsorship applications of spouses and common-law partners within a six-month period,” added Minister Volpe. "






Does this still apply? If so, wouldn't it apply to me?


Thanks again for any insightful advice.

Rosemarie

 

[scylla]

I believe this news release applies specifically to inland applications.

As an American, you should apply outland (typically this route is far faster).