How To Get Into Canada For Inland Application

[frege]

I was going to do inland because I was originally thinking I would be in the LA office. Inland would give me OWP sooner and the entire process would be quicker. But it sounds like the actual times are quicker than I thought. The advantages of Outland do seem to be better than going inland. Thank you everyone who has walked me through this! Please feel free to leave any further comments for me.

We are putting our extra money towards finishing our house remodel. When that's finished we can sell and move! So I am thinking I will be able to apply shortly before we move. This is subject to change of course. If this is the case, what would be the best way of going about moving? How much time should be in between my wife and kids moving and me going to visit? What should I have as evidence I am only visiting? Or should I apply for an extended visa when I drive across the border?

Thoughts?

I'll assume you're applying outland. If you're reasonably certain you can both move in the next 12 months, you should apply for PR now. I realize this depends on her naturalization. The COPR will most likely be valid until 12 months after the date of your medical. If you miss the deadline you have to re-apply. However, many people land as a PR and then go back to tie up any loose ends they have, and this is okay. So there's little harm in applying now, and travelling back to the States to sell the house if that hasn't been done in a year's time.

I think since you want to be there when you sell the house, and then go to Canada as a visitor, you probably have to accept some small risk of being turned back at the border. (This won't affect your PR application negatively at all if you're considered to have been truthful.) If the border officer makes any enquiries, they'll see you have a PR process under way, and the situation will become clear for them.

At that point it's a judgment call, and honestly I think it depends on their mood that day. They're trained to look for ties to the home country to prevent illegal immigration. At the same time, they know full well that an American who has a PR application in process and has been law-abiding in every respect isn't particularly likely to overstay. In practice, they'll also be able to judge that you're a real couple, so it's unlikely your PR would be rejected anyway, except on rare medical or criminal grounds.

I'm afraid it comes down to whether they want to be realistic or throw the book at you. They'll be able to find reasons in the rules to do either.

To minimize the chances of this happening, I would:

- Have your wife go up on her own with a B4 listing what she's bringing with her as well as "goods to follow." She would say she was moving back to Canada. If asked, she'd say that you have a PR application under way, and that you would be following at a later date. Obviously, she can't do this before her naturalization in the US.

- Then both of you come up at the same time a few days later, without any stuff, at a different border crossing. You don't need to ask for more than six months. You should have proof of income/assets for both of you, in case they ask for it. Say you'll be staying with your wife and kids in Canada to wait out the application. Be very clear, in case they ask, that you'll leave whenever you're supposed to. Give your address as being with relatives in the US. At this point, you've sold your house, so there's an opening for them to turn you down. The best thing is to accept this small risk and be honest in case they ask about the house.

- Then she comes up with all the stuff on her B4 that was supposed to follow.

- Later you can apply for a visitor extension if necessary, or cross the border and back.