Outland Application Vs. Inland application for PR?

[emilie777]

My fiance and I are getting married beginning-mid October sometime. We read on here that the outland application is a lot faster than the inland application. He's going to be moving here to be with me in Canada but what I'm confused about is, if we submit an outland application and we need to be interviewed, it's going to be in the US somewhere right (that's where he's from)? I'm just wondering how the outland application is valid to become a Canadian permanent resident.. wouldn't it make more sense to be interviewed in Canada since that's where he'd be living?

 

[Rob_TO]

My fiance and I are getting married beginning-mid October sometime. We read on here that the outland application is a lot faster than the inland application. He's going to be moving here to be with me in Canada but what I'm confused about is, if we submit an outland application and we need to be interviewed, it's going to be in the US somewhere right (that's where he's from)? I'm just wondering how the outland application is valid to become a Canadian permanent resident.. wouldn't it make more sense to be interviewed in Canada since that's where he'd be living?

For a normal application, the chance of needing an interview is incredibly small. Outland is by far the better choice for US citizens.

 

[emilie777]

Oh I totally understand that personally, we don't have any situations that's going to make his PR application complicated or anything. I'm just not understanding why he'd be interviewed in the US if he's going to be residing in Canada.

 

[Rob_TO]

Oh I totally understand that personally, we don't have any situations that's going to make his PR application complicated or anything. I'm just not understanding why he'd be interviewed in the US if he's going to be residing in Canada.

He can't "move" to Canada with you, until he has full PR status. Anything before that is just visiting. He needs to be careful when crossing the border what he says to CBSA and what he attempts to bring into Canada.

CIC will not schedule an interview in a country you are just visiting. In order to be eligible to have PR processed as "living" in Canada, he would have to be admitted here with a visa/status valid for at least 1 full year, so if he was in Canada on study permit or SWAP working holiday program.
Usually a US citizen gets only 6-month status when they cross the border to visit, so that would not qualify him for requesting Canada as interview location. Outland interview would be in USA if it's required.

 

[emilie777]

Oooh okay that makes much more sense thanks so much for your help! I have one more question if it's alright. Once we're married, at the border when he crosses to come visit me, will it be complicated for him to cross the border if they ask him why he's crossing and he's saying to visit his wife? By that time, our PR forms should be processing. Will we get some kind of receipt or something to show we're currently in the process of getting his PR? I don't know if it would help, but if we had some kind of proof to show them, would make it easier to get across?

 

[Rob_TO]

Oooh okay that makes much more sense thanks so much for your help! I have one more question if it's alright. Once we're married, at the border when he crosses to come visit me, will it be complicated for him to cross the border if they ask him why he's crossing and he's saying to visit his wife? By that time, our PR forms should be processing. Will we get some kind of receipt or something to show we're currently in the process of getting his PR? I don't know if it would help, but if we had some kind of proof to show them, would make it easier to get across?

Yes, definitely show them proof of submitting the PR app. You won't get an official receipt from CIC until around 2 months after submitting (when you get sponsor approval). In case he crosses before that you can show the payment receipt for PR, or even copies of some of the forms you submitted.

When crossing just don't use the words "moving" or "living". And also don't try to cross with tons of furniture or items that will make it look like he's already permanently moving. If flying try to have a return airplane ticket. Just stress that he is visiting while PR app is in progress, is fully aware of rules for visitors, and will abide by the rules.

 

[rhcohen2014]

once you are married and have a pr app submitted, they are a lot more lenient. if the pr app isn't submitted yet, or you haven't received SA, make sure he brings your marriage certificate and any proof of the application (fees paid, copies of forms, etc). At first, they may give him a visitor's record so he understands the rules. This is nothing bad. Just a way for them to track his comings and goings across the border. This may or may not happen, though it is common for newly married couples. All he has to say is "I am here to VISIT my wife, i have submitted a PR application."

 

[emilie777]

Oh alright that's wonderful to know. The leaves me with another question though. We were hoping he could come down in February and presuming the amount of time for the PR to process, it should hopefully be approved before he has to return to the US. I've read other people visiting and getting their stay extended if it takes longer while their PR application was processing. Is there a way he could get across the border and then stay as a visitor? I know they're going to want some ties like him being employed for example to ensure he's returning. He is currently employed, but do you (or anyone else who may be viewing) have any advice on how the border would allow him to cross if he came to stay with me while it was processing? I was thinking we could get his return ticket but not use it and say he's visiting (kind of a waste of money, I know.. but worth it if he can stay), but I don't want that to backfire and risk being questioned about that later. Would that be something we'd be questioned about down the road?

I'm sure everyone here knows how hard it is to be separated for such long periods of time. I really just want him back with me as soon as possible without messing anything up. :/ If anyone has any advice on how we could do this, it'd be so appreciated.

 

[rhcohen2014]

Oh alright that's wonderful to know. The leaves me with another question though. We were hoping he could come down in February and presuming the amount of time for the PR to process, it should hopefully be approved before he has to return to the US. I've read other people visiting and getting their stay extended if it takes longer while their PR application was processing. Is there a way he could get across the border and then stay as a visitor? I know they're going to want some ties like him being employed for example to ensure he's returning. He is currently employed, but do you (or anyone else who may be viewing) have any advice on how the border would allow him to cross if he came to stay with me while it was processing? I was thinking we could get his return ticket but not use it and say he's visiting (kind of a waste of money, I know.. but worth it if he can stay), but I don't want that to backfire and risk being questioned about that later. Would that be something we'd be questioned about down the road?

I'm sure everyone here knows how hard it is to be separated for such long periods of time. I really just want him back with me as soon as possible without messing anything up. :/ If anyone has any advice on how we could do this, it'd be so appreciated.

if he's coming in as a visitor, then yes, he will be able to extend his stay. i am not sure how what you are asking is any diffrent than your original question about him visiting? Again, if he wants to VISIT you and stay while the application is processing, then he says, "i am here to visit with my wife, i have a pr app submitted." They will confirm his application, ask him how long he wants to stay, he tells them, they let him in. THAT IS IT! He says the same thing each time he enters. they may ask him what he does for work, and where he lives. Those are standard questions anyone would be asked entering. I am confused as to what answer you are looking for. The bottom line is, if he wants to visit you, then he goes to the border and asks to enter as a pr applicant. I really think you are overthinking this!

 

[emilie777]

Maybe I am. The only reason why I'm so worried about this is because he tried to come visit me twice and got rejected twice. The first time was after he stayed with me for a little less than 6 months, I tried to bring him back about 3 weeks later because I had read there was no set amount of time for how long he had to be out of the country for. They didn't let him through because when he tried, he had around $300 with him and they said it wasn't enough money to support himself even though he had told them I would be supporting him while he stayed. The second time, I went down to visit him in June and he flew back with me but when we reached the border, they wouldn't let him through because they said he had not been out of the country for 6 months.. so apparently if you stay in the country for about 6 months, you need to be out of the country for that amount of time as well. The first time he got rejected, the border patrol did not tell him that. They also said him being unemployed at the time was a factor to him not being able to cross.
After being rejected twice, you can see why I want to be sure of everything and why this feels so much more complicated to me. Your experience may not have been the same, but it's so heartbreaking getting your hopes up to be together and having to be rejected twice. Apart from the short week I spent with him in June, it's been nearly 5 months since we've been separated.

If he tries to come and visit me and they ask him if he's currently employed, which he is, they're going to expect him to go back shortly after. If he stays with me for 6 months and gets his stay extended, he won't be employed anymore and I will be supporting him while he stays like we had done last time. I'm just concerned that if we straight out tell them he's going to stay for the 6 month period, they're going to question him about his employment again and it's going to lead to the same mess we went through twice before. They have his rejections on record now which they're going to look at, and I just don't want him to be rejected a third time trying to come visit me. :/

 

[rhcohen2014]

the fact you are not married explains why he is having issues at the border. they are far more lenient with married couples with PR applications in process. i was banned for 1 year when we were dating... they don't like cross-border couples who aren't taking the proper steps to be PR. I will guarantee you as soon as you get married and have a pr app is submitted, his experiences at the border will be dramatically different!

 

[emilie777]

One year D: man that sounds really rough. I'm glad to hear things get easier though. I'll take your word for it and keep my fingers crossed that all goes well! Thanks so much for all your help.