Not Ready to Land Yet - From USA

[readyabout22]

I'm an American being sponsored by my Canadian wife. We've been married for 14 years, have a 3 year old and another one the way due in February.

We sent the application in around May 10, 2014, expecting it would take a year to get approval. In our application we explained that my wife would be moving back to Canada in May, 2015 which is the truth.

Now we received word that they need proof that she is moving back sooner. I assume this is because they are approving applications from the USA very quickly right now. The message I received stated the following, " I am not satisfied that it is your sponsor’s intention to return to live in Canada in the near future. Please request your sponsor provide additional information, along with evidence, of her intent to reside in Canada in the near future."

I'm not sure what we do now... My wife is a teacher and can't just leave now. She is also pregnant and wants to have the baby here in the USA as she has her doctor here, etc... I am also self employed and need to save up more money for this move.

Can we request a delay in processing? (I know this sounds crazy to all the people waiting for PR status but it is our situation). Could I land and then come back to the USA until May or June to close out our business in the USA? (Assuming we can convince immigration that my wife is moving back very soon)?

Any advise would be appreciated.

 

[scylla]

You can't request a delay in processing. The only option similar to that would be to withdraw the application and resubmit it again once you're closer to being ready to move.

CIC is looking for hard proof that you plan to relocate to Canada once your visa is approved. This is typical when a Canadian is sponsoring their spouse from outside of Canada - especially if they have been outside of Canada for quite some time. The type of hard proof they are looking for is proof that you either have or have started to make housing arrangements in Canada, same for job arrangements, any assets / bank accounts in Canada, etc.

Is there anything like that you can provide?

 

[Avadava]

I don't see in their letter saying anything about them wanting proof of her moving to Canada sooner than May 2015. It says "in the near future". What this letter means is that they want more proof of her intentions of moving back (even if it is May 2015) - it's a very common letter for sponsors who live abroad while sponsoring. Probably you didn't provide enough to assure them she will move to Canada.

You have two options:

1. Provide more proof to satisfy the visa officer that you will move in May 2015 (have you been in touch with some schools/kindergarten for your 3 year old? - emails from this could be used as proof, showing that you have researched kindergartens for the child; have you been in touch with a real estate agent? - this can also show proof of intent; you can get letters from family members offering you a place to stay or just stating that they know about your move to Canada and they support you;etc) - If your visa will be granted, let's say in October - this doesn't mean you'll have to leave right away. It has a validity which matches the medical exam validity - so it will probably be valid till March - April 2015 (one year after you completed medical exam). Also, even if your visa has a shorter validity, you can just go alone at the border to do the "landing" and go back to the States until you are ready to move permanently - lots of people go back to settle affairs after they "land".

2. If none of the above suits you, withdraw your application and apply from scratch 5-6 months before you are ready to move. Keep in mind though, that the processing times might change by then, and the process might not be as quick as it is now. You never know with CIC.

I personally would follow the first option.

 

[readyabout22]

Thanks for the advise. I provided the requested info, and received the "confirmation of permanent residence" today. I'm excited and nervous as this is now very real...



The only problem is that the entry doc expires at the end of December 2014. My wife is pregnant and due in February, and we need until June to wrap up our affairs here in the states.


I've read that I can go to the border and "land" and come back to the USA to wrap everything up. I'm assuming the agents will ask if my wife is in Canada? I won't lie about this so I don't know what to say. Has anyone dealt with this?



I was also told by a border agent that I need to provide a list of everything we're bringing to Canada. Does this need to be provided when I land?


Thanks
Andrew

 

[scylla]

Yes - it's find to come to Canada just to land and then return to the US to wind up your affairs. No need to lie about where your wife is currently located (never lie to immigration).

Yes - you will need to provide a list of your belongings when you land to avoid having them taxed when you eventually move.

 

[Rob_TO]

I've read that I can go to the border and "land" and come back to the USA to wrap everything up. I'm assuming the agents will ask if my wife is in Canada? I won't lie about this so I don't know what to say. Has anyone dealt with this?

The agent that you do the landing with, will just ask for a Canadian address that they can send her PR card (it takes approx 2 months to be delivered). This MUST be a Canadian address, so you can use a friend or family's address if you want. Once they receive the PR card, they can just courier it down to your US address.

You don't need to mention anything about going back to the US right away. This will be no problem to do.

I was also told by a border agent that I need to provide a list of everything we're bringing to Canada. Does this need to be provided when I land?

Yes it does. It's the B4/B4A forms. You will need to list ALL your major possessions that you intend to eventually bring as "goods to follow". This means you don't have the goods with you at landing, but they can be brought over anytime in the future without subject to taxes. If you don't list something on your B4 form upon landing, you may need to pay full tax on it when you eventually move permanently later.

So make an inventory of all your things you will be bringing. Make sure to record serial numbers of expensive things (like a car).

 

[readyabout22]

Thanks so much for the responses. So my wife (sponsor) technically doesn't have to be in Canada when I land?

Also, They always ask "how long do you plan on staying in Canada". Not sure how to answer this. Should I just say, I'll be here for 2 days and will be heading back to wrap up my affairs and move.

Basically I'm terrified that if I tell them we won't be moving until June that they'll void my permanent residence, which will be a problem because we're selling our apartment, my wife is quitting her job and I'm shutting my small business down. I don't want to be left in a situation where we have no jobs in the USA, no home and then are denied entry into Canada... Although I guess we could live in a van down by the river.

 

[Kayaker]

If you are landing as a PR, they will not ask you how long you plan on staying in Canada, because the answer is forever

Your wife doesn't need to be in Canada when you land. An explanation that she is pregnant and unable to travel right now should be sufficient. (If you're paranoid, bring proof of the pregnancy...?)

They will only void your PR if you don't stay in Canada for 2 years out of 5 years. So don't worry!

 

[rhcohen2014]

They will only void your PR if you don't stay in Canada for 2 years out of 5 years. So don't worry!

if you are with your wife in the US as a PR of Canada, then the time you spend in the US with your wife counts towards PR residency requirements, so don't be so worried. what you are doing is normal. the questions the immigration officer will ask are printed on your COPR, and they they will confirm the address to send the PR card to. that is it! you are already approved. there's really no risk of being denied entry at this point except possibly if you happen to commit a crime between now and then. the hard part is over, the landing is pretty easy.

 

[Kayaker]

if you are with your wife in the US as a PR of Canada, then the time you spend in the US with your wife counts towards PR residency requirements, so don't be so worried. what you are doing is normal. the questions the immigration officer will ask are printed on your COPR, and they they will confirm the address to send the PR card to. you are already approved. there's really no risk of being denied entry at this point except possibly if you happen to commit a crime between now and then. the hard part is over, the landing is pretty easy.

Oh yes, I forgot. As long as you're with your Canadian wife, you are fine!

Congratulations!