How to get through the border to apply inland

[awor]

Hi! I've been browsing for months. I'm finally stuck enough that I need some advice from more knowledgeable folks.

I'm American, boyfriend is Canadian. He visited me 3 times in the past 1.5 years and I went up there late summer for a month with my 4 kids to see if we liked it enough to move up. Of course we loved it. So we decided to just do it, I go home and take care of what I needed to and come back.

The intent was to go up as a visitor, get married, apply for pr.

I was advised by the consulate to not tell the border any plans, just to tell them I was visiting.

Border saw right through it. Turned me around, sent us back home with a 1 year exclusion order.

So. I obviously have to appeal the exclusion order - just printed up the ARC form.

So my question for you, assuming 2 things - I know the inland process is much, much longer, but want to do it inland anyway; and that we will get married in the states soon -

How do I get though the border? Once I have permission to enter Canada, do we just show up at the border with my new marriage license and ask for a temporary visa (or something else)?

Will the exclusion order screw me up?

I appreciate any advice you can give.

 

[kelKel]

I think an outland application would be the best route for you at this point. Your boyfriend could come down to the States and you could get married there. He could return to Canada and start an outland PR application. You would reveal in the application that you have a 1 year exclusion order you and I believe at a point in the application the consulate would request the ARC information. ARCS are very rarely given for 1 year exclusion orders unless you have a very very good reason to return (PR application being filed).

How long ago was your exclusion order issued? You might be better off waiting until the 1 year exclusion is up and then have your soon to be husband file for PR then.

I would ask an expert on here who has more knowledge about this perhaps Leon or PMM? Why would you want to do an inland application being you're american? The processing time in Buffalo is 4 to 10 months.

 

[Patricksgirls]

While I do not have a one year exclusion I too am in your situation. We were told by three immigration attorneys to get married and then try crossing the border after we apply. With children there is no way I would apply inland based on no appeals. Especially when you can try to wait it out in Canada for the six months and then apply for an extension.

 

[awor]

Hmm. Food for thought. Get married here, apply outland. Apply for ARC at the same time. I somehow missed that there's no appeals for inland, ack!

If the ARC was granted, I could visit, yes. I wouldn't stay, as paying rent on a house (here in the US) that I'm not occupying doesn't sit well with me lol

The exclusion order was just issued, last week.

We've already waited 9 years for this, part of me says what's another year, but the rest of me says enough already!

What else am I not thinking of? Thanks so much for the advice.

 

[kelKel]

Hind sight is 20/20. Best to be informed before attepting anything this time around. I would definitely speak to a lawyer with experience dealing with ARCS to assist in your application so everything is done perfectly.

 

[awor]

My poor brain is going overtime Yay for a forum to bounce thoughts off of!

I remembered something the border guard told me as she was sending us on our way.
The plan at that time had been to get married in Canada and she advised us to get it planned and send in proof (receipts for the cake, dress, etc) with the ARC application, for it to be approved. 4 hours at the border with 4 kids - I'm sure I forgot other details too.

So, if we were to do that, I could go up and get married and come back to apply for pr - or is it possible to apply for outland while inside Canada?

 

[Baloo]

You can apply "outland" when in Canada.

 

[Patricksgirls]

Ya hours at the border with kids would be super stressful! You definitely could apply outland from Canada but we are planning on applying from US as soon as the marriage license gets to us so we could apply. That way we have proof of application and payment to hopefully ease things.
I would try for the ARC I suppose with wedding plans but remember that approval on those is rather tough and I would not want to put deposits down on something that I need permission to cross a border for.

 

[angelbrat]

If you have children and are applying Inland and get a visitor visa, your kids will not be able to attend school unless you pay.

Neither will you or your children be entitled to health care, you will have to take out private insurance.

If I was you, I would get married and apply Outland. Thus ensuring you and your children have education and health care whilst awaiting the PR.

 

[sogwap]

I was advised by the consulate to not tell the border any plans, just to tell them I was visiting.

Border saw right through it. Turned me around, sent us back home with a 1 year exclusion order.

I'm curious, since I'm a US citizen married and living here in Canada for just over a year, though technically I am still a visitor.

Why did they deny entry? Did you have a U-Haul, with all your stuff?

What's more perplexing (to me), why a 1 year exclusion order? Did you overstay, previously?

 

[awor]

I'm not really sure what flagged me. The previous time I stayed exactly as long as I said I would and crossed back into the US the day I told them I would.

This time, I told them I was visiting and like before, they asked about work (I'm a self employed web designer, was not as issue before) and they asked about the kid's schooling (they're homeschooled, also was not an issue before)... they gave me a little yellow slipped with "Immigration" marked and said to go inside. I didn't have anything extra with me, except this time I had a cargo carrier on my van instead of luggage tarped and tied up there.

After about an hour, he called me to the counter and basically called me on the "just visiting" lie as he'd looked me up online (a locked down facebook account isn't safe from the feds, fyi!). I really don't know what flagged me this time. Maybe someone tipped them off. It's a mystery to me.

I guess I got the exclusion order as punishment "for lying". I don't know. It was a lesson learned not to sell everything I own and give up my house, that's for sure. Hindsight and all that. It was so easy to get over the border the first time, I figured if I did the same thing, it'd work. Oops.

 

[arron]

Sounds like you got a real dick of an immigration officer at the border. In any case, they are supposed to recognize the principle of 'dual intent' that is the dual intent of visiting Canada, with the added intent of applying for permanent residence.

You shouldn't have tried to 'get away' with anything, the 3 times my wife has flown in from pearson she was called in to secondary once (the one time she got really drunk on the plane, lol) but she was honest with them and told them that she was coming to Canada to visit her boyfriend, they saw the return ticket and that was always good enough for them.

Crossing the land border might be a bit trickier though as there is no return ticket to prove your intent to leave, that is the most important factor, they must believe that you are willing to leave on the day you say you will. Lack of proof of funds, as well as being self employed, and the kids being home schooled probably raised one too many red flags with them.

Good luck with your appeal, i'd suggest you get your permanent residence application filed outland as soon as possible, that way you preserve your right of appeal, and you have the option of returning to the U.S. while your application is still in process.

 

[AngelB]

Apply for a visitor's record:

http://us2canada.com/visitorrecord.php

 

[BeShoo]

I have my doubts about whether you'll be able to get an ARC to return to Canada before the one year is up, but I think you'll still have to prove that your visit is temporary unless you get the PR approved before you come to Canada.

I believe that the exclusion order was properly given, as much as it pains me to say it. You are lucky that you didn't get a 2-year order, which would have been proper if they determined that you were hiding something.

It's the job of the border officer to make sure that your visit is indeed temporary. Part of that determination is making sure that you have sufficient ties to the United States that will compel you to return at the end of you visit period (before your permission to remain expires or after an extension or permanent residency is approved denied).

• Did you have a job to go back to? No, it sounds like you brought your portable job with you.
• Did your kids have to go back to the U.S. for school? No, they are home schooled so they didn't.
• Did you have a home or apartment to go back to? It sounds like you probably didn't.
• Did you have belongings to go back to? It sounds like you probably brought them all with you.
• Did you have any obligations or responsibiliitis that would compel you to go back? You didn't mention any.
• Were you hoping to stay in Canada permanently? It seems that you were.

All of these things are still going to come up after you get married and come again to Canada (assuming you can even get permission to return to Canada before the one year is up), unless you wait until after your PR application is approved.

(Edit "approved" should have been "denied")

 

[Patricksgirls]

Yup I too think you are lucky you scraped by with a year. I was threatened with that although I was not even trying to immigrate just get my van from Edmonton.
I would seriously just get married in US and then start the application process and ARC. I would doubt getting the ARC for a wedding as that would be a red flag when you are trying to cross the border anyway.