Leaving Canada During Inland Spousal Application? - important!

[smarties786]

Hey Everyone!
Quick Question!

My wife and I are married. I am sponsoring her through an inland application. She currently has a student visa that is valid (along with a multiple entry visa) expiring in 3 years from now.

I understand that through an inland application it is advisable that we wait for stage 1 to be completed before leaving. We just submitted our paperwork (a week ago) and wanted to take a weekend trip to the USA (by air). Is this not advisable?

She does have a valid multiple re-entry visa that will allow her back in Canada for another 3 years. Can she still be denied re-entry?

I am concerned they wont let her back in.

Thanks,

 

[CharlieD10]

Yes, she can still be denied re-entry, a TRV is not a guarantee of entry. In Canada applicants are expected to do just that: remain In Canada.

 

[smarties786]

Thanks! So at the border crossing (Pearson or wherever) are they able to determine that a sponsorship is in progress? Even if I am not with her?

Thanks!

 

[CharlieD10]

Yes, if the application has been submitted they can see that.

 

[truesmile]

Yes, she can still be denied re-entry, a TRV is not a guarantee of entry. In Canada applicants are expected to do just that: remain In Canada.

While I TOTALLY agree, you're now expected to "remain In Canada", let's face it . . . you submitted one week ago say August 24th. It takes them 3 months to open an outland application (ok maybe 2), but they say 11 months to open an inland application (ok maybe 10?). If your plans are to go SOON, I'd give it 9 months before you're at risk of them seeing it (that's May 24th, 2013!!!) . . . Just my three cents . . .

 

[parker24]

While I TOTALLY agree, you're now expected to "remain In Canada", let's face it . . . you submitted one week ago say August 24th. It takes them 3 months to open an outland application (ok maybe 2), but they say 11 months to open an inland application (ok maybe 10?). If your plans are to go SOON, I'd give it 9 months before you're at risk of them seeing it (that's May 24th, 2013!!!) . . . Just my three cents . . .

I have to agree. It is just sitting in a pile right now. Your file will not be in the system really until May at the very least. I wouldn't risk it to be honest.

 

[Stumpedmom]

While I TOTALLY agree, you're now expected to "remain In Canada", let's face it . . . you submitted one week ago say August 24th. It takes them 3 months to open an outland application (ok maybe 2), but they say 11 months to open an inland application (ok maybe 10?). If your plans are to go SOON, I'd give it 9 months before you're at risk of them seeing it (that's May 24th, 2013!!!) . . . Just my three cents . . .

This has nothing to do with the application being seen or not...they could jeopardize the application based on the fact alone that a TRV does NOT guarantee reentry into Canada...and if the spouse gets refused re entry, it will show up when the application is opened, and held against them

 

[canadianwoman]

I understand that through an inland application it is advisable that we wait for stage 1 to be completed before leaving. We just submitted our paperwork (a week ago) and wanted to take a weekend trip to the USA (by air). Is this not advisable?

Since you just submitted the inland application a week ago, I think leaving for a quick trip to the USA soon would be OK.
Why? Because you will know very quickly whether or not she will be let back in. If she is not let back in, then you know the inland application is essentially over. But it will only have been a few weeks since you filed. You can then refile outland. You won't have lost much time. In any case, she will most likely be let back in, at least this time. So I would risk it.

 

[xxpazaway]

This has nothing to do with the application being seen or not...they could jeopardize the application based on the fact alone that a TRV does NOT guarantee reentry into Canada...and if the spouse gets refused re entry, it will show up when the application is opened, and held against them

In my opinion just bring supporting documents to support the student visa. What is the use of having multiple visa entry plus student visa if they dont allow to enter. I cross the border in niagara border with working permit and multiple visa. I gave the passport and they just ask me if i have my work permit then I gave that one. Plus that time i was 5 months prenant with my husband beside me. After that they just let us pass the border.

 

[AAL1984]

Absolute bs, while you can be denied-any non citizen can be denied entry, the odds are low. My wife, a US citizen travelled back and forth to the US all the time during our inland app, she would have gone nuts here not being able to work etc.. they never said anything (she went by air) and she has her landing date next month.


If you are from a non visa exempt place, then that's a diff story, if you leave and aren't given a visa to return then your application is done, your wife already has a visa so she'll be fine.

My wife flew back and forth 5 times over the last 12 months. Canadian immigration officers are pretty relaxed and easy going, she's asked more questions by US CBP officers than she is by the CBSA.

 

[truesmile]

Since you just submitted the inland application a week ago, I think leaving for a quick trip to the USA soon would be OK.
Why? Because you will know very quickly whether or not she will be let back in. If she is not let back in, then you know the inland application is essentially over. But it will only have been a few weeks since you filed. You can then refile outland. You won't have lost much time. In any case, she will most likely be let back in, at least this time. So I would risk it.

Ok 'stumpedmom' has a valid point I figured the OP was aware of, but good to note that. However, I like canadianwoman's angle . . . not only will they not have lost time BUT would actually gain time, EXCEPT that now the two of you will be apart. The consensus seems to be that this scenario is a really big IF!

 

[rachiy]

Have to agree with AAL1984.
But really it depends whether she is from a visa exempt country. If yes, then go for it, the chances of being denied entry are low. If not (which I am assuming, otherwise why on earth would you apply inland?), then really it is not worth the risk.

 

[Azsereth]

I've heard of a few people from visa exempt countries being denied re-entry. I had to do it once during my application and it went fine, but the more time that passes during your application, the more you're losing if you're one of the unlucky few.

 

[uarana]

smarties786,

Hope all is well.

I'm in a similar situation as you, the only difference is that her inland spousal sponsorship will be filed this coming weekend.
With the holidays around the corner, my wife and i would like to visit her family in the US.

Question for you is, did you still take the risk and travel?

 

[SoMuchpaperwork]

In Canada applicants are expected to do just that: remain In Canada.

I WISH that was true. In my case they want non-accompanying child medicals done and have given me 60 days to comply on their second request. They already know the ex is not complying, he won't allow them to be done, so the only way I have to get them done is to go back and get them done myself or fight him in court. I can't exactly do that AND stay in Canada but immigration couldn't care less.