Some questions and advice needed

[dcgroo]

Any advice is appreciated. If you feel that it would be better to consult an immigration attorney please let us know as we are considering it.

My wife (Canadian) and I (American) applied for outland PR in April. I live in Florida and she lives in Vancouver with her daughter. The three of us are planning a cross country road trip for August and are going to drive from Florida to Vancouver. She works in Vancouver and I am going to quit my job in Florida and would like to visit/stay with her until my PR is approved. She has a good, well paying job and a good amount in savings in her bank account to support us.

At the time of the border crossing I will not have a job or a US residence as I will be quitting my job on August 1 and terminating my apartment lease on August 10.

My questions are as follows:

1. Will they let me cross into Canada with my wife and step-daughter while in process for PR with no job or residence in the US, but my wife is there and owns her home and has verifiable income and funds in savings to support us while we wait for approval?

2. We plan to cross into Canada via Peace Arch crossing. What issues should we expect and what documentation should we be prepared to show?

3. Should we ask for a visitors record, is this something that I will be required to get?

4. Is there anything we can do in the months leading up to this that will make things go smoothly or ensure that the crossing is a success.

5. If I am allowed to enter Canada with my family and the PR application takes longer than 6 months, can I apply for an extension to my visitors visa without leaving the country? If so would I then be on implied status?

We just want to be together while we wait for the PR to be approved and we are prepared to make the financial sacrifices required to do this and we want to make sure that everything we do is legal and will in no way jeopardize our long-term future.

Please let me know if further information is required. Any advice on matters I did not consider that relate to our situation is also appreciated.

Thank you in advance.

 

[steerpike]

1. Will they let me cross into Canada with my wife and step-daughter while in process for PR with no job or residence in the US, but my wife is there and owns her home and has verifiable income and funds in savings to support us while we wait for approval?

Yes

2. We plan to cross into Canada via Peace Arch crossing. What issues should we expect and what documentation should we be prepared to show?

Expect no issues. You might want to bring a copy of your PR application and letters from CIC regarding it.

3. Should we ask for a visitors record, is this something that I will be required to get?

I dont know

4. Is there anything we can do in the months leading up to this that will make things go smoothly or ensure that the crossing is a success.

Theres no reason to be worried about the crossing.

5. If I am allowed to enter Canada with my family and the PR application takes longer than 6 months, can I apply for an extension to my visitors visa without leaving the country?

Yes just extend the visa every 6 months. There should be no issue with doing that.

If so would I then be on implied status?

No, you will never have implied status. Either you have legal status as a visitor or you don't. Implied status is for people who have work visas, and apply for new work visas and don't hear anything back. They have "implied status" untill they hear back.

 

[Ponga]

Well...if the border officer discovers that you have severed your ties to the US, it's quite possible that you could be denied entry into Canada. The question is: How would s/he know?

You can certainly visit your wife and her daughter, with the key word being `visit'. If you inform the border officer that you have a spousal application in-process, that's usually a plus, but without any ties to the US...it's a very slippery slope, IMHO. The truth is that they would probably be privy to this information when they scan her passport, as it could be noted in their system already...especially if you/she have received AOR by then.


The Peace Arch (Douglas) crossing is the busiest in Western Canada, so expect a lonnnng lineup at the very least.

You should perhaps contact an immigration attorney, as most offer a complimentary phone consultation. The key is to give the border officer just enough information, without lying. That's the tricky part for someone in your position.

 

[bartjones]

1. Will they let me cross into Canada with my wife and step-daughter while in process for PR with no job or residence in the US, but my wife is there and owns her home and has verifiable income and funds in savings to support us while we wait for approval?

Probably, but there are never any guarantees. Make sure you are clear that you are entering Canada to "visit" and not to "live". Having some kind of return ticket (plane, bus, or train) would be very, very helpful.

2. We plan to cross into Canada via Peace Arch crossing. What issues should we expect and what documentation should we be prepared to show?

Having your letter acknowledging receipt of your PR application will help.

3. Should we ask for a visitors record, is this something that I will be required to get?

Personally, I would avoid asking for this. When I did this for my wife it led us into the seconday inspection area where the CBSA officer asked a lot of difficult to answer questions about whether she was going to be visiting or living with me. It seems so much easier to just take the six months they will presumably give you at the kiosk and, if necessary, then apply to extend that visitor's visa either online or by mail.

5. If I am allowed to enter Canada with my family and the PR application takes longer than 6 months, can I apply for an extension to my visitors visa without leaving the country? If so would I then be on implied status?

You can apply either online or by paper application to extend your visitor's visa. See here http://www.cic.gc.ca/english/visit/extend-stay.asp

Make sure this application is submitted before your original six month visa expires. Once you submit the extension application you have implied status to remain in Canada while it is being processed. In my wife's case the paper application took three months to process.

Ask for a one year extension and explain that you have a pending application for PR. Include information about your wife's finances to show that you have a place to stay and the means to survive. Those types of extension applications are granted pretty routinely.

Others who have made similar outland applications can probably confirm current timelines, but my guess is that if you submitted your application from the US in April and will be entering in August, you will probably have your PR before your original six month visa expires, so an extension application may not be necessary.

Hope that helps.

 

[truesmile]

For the sake of corroboration, I'm with the 2nd and 3rd replies (over the rather optimistic first one), EXCEPT I don't think a consultation with counsel will serve any purpose other than to put "his" (the lawyer's) opinion in your head concerning something that even he/she cannot predict . . . how it will go at the border. Other US/CAN border crossing members for sure will enlighten you on some of the challenges they have had.

 

[Ponga]

I'm an American and have crossed at that very crossing many, many times.

It's not as much an issue of US/CAN border crossing, in so much as it is not volunteering the information about the severance of ties to the US.
While it's no secret that a person from a visa-exempt country has an easier time crossing, and Americans even a bit easier still, the `no ties' to your home country (no matter where you're from) is the real `wrench in the wheel', if it's somehow discovered.

I agree with bartjones...a fully refundable return ticket is not a bad idea...just to add more credence to convince the BO that you do `plan'* to return.




*plans change all the time, right?

 

[rhcohen2014]

uh, yeah i would agree with ponga, bartjones, and truesmile. Not having siginificant ties to the US is one of the biggest red flags at the border, especially land. They are a little more lenient with married couples with applications in process, so you may not run into problems. From my experience questions I am ALWAYS asked at the border when I cross involve where I live and what i do for work. They want to know you have something to go back to if they let you in for six months, and you will not end up overstaying or working illegally. It is not guaranteed you will be allowed in for a 6 mo. visit, especially if they don't feel your answers are adequate. Remember, how easy or difficult your experience is depends on the border agent you encounter. Having belongings and family in the US is not a strong enough tie, in my experience. Definitely agree to secure a refundable return ticket prior to going. At this point you are only legally allowed to "visit", not move or live there.

I also agree to save your money on the immigration attorney. They probably aren't going to tell you much informaiton you wouldn't be able to get from this forum, and more likely than not, the people here are more up to date on the process.

I always carry my copy of my application, my marriage certificate and my lease agreement. If you have sponsorship approval before you go, that will be helpful, and may deter suspicion if they find you have pretty much abandoned your life in the US to come visit your wife.

 

[canuck_in_uk]

No, you will never have implied status. Either you have legal status as a visitor or you don't. Implied status is for people who have work visas, and apply for new work visas and don't hear anything back. They have "implied status" untill they hear back.

This isn't true. Implied status does apply to visitors.

http://www.cic.gc.ca/english/visit/extend-stay.asp

Implied status

If you apply to extend your permit, and your visitor visa expires while you are waiting for a decision, you still have temporary resident (visitor) status. This is known as implied status.

1. Will they let me cross into Canada with my wife and step-daughter while in process for PR with no job or residence in the US, but my wife is there and owns her home and has verifiable income and funds in savings to support us while we wait for approval?

My partner's experience at the border was fairly painless. We came to Canada while our app was processing, about 5-6 months after we applied. We were pretty honest with the border officer, basically saying that my partner was moving to Canada, expecting the PR app to be approved. The officer checked the system to see our app was processing, asked how long we'd been together, asked how much money we had (didn't even ask for proof), told my partner not to work until PR was approved and waved us on.

As the others said, it's best not to say you're "moving", only "visiting". Just don't show up with a car full of all of your belongings and you should be fine.

 

[JessNess]

Well...if the border officer discovers that you have severed your ties to the US, it's quite possible that you could be denied entry into Canada. The question is: How would s/he know?

I was almost denied entry into Canada via Alberta border because I was with my husband coming for a visit until my PR is approved. I was in this EXACT situation where I had given up my apartment already and quit my job in California. The border agent didn't believe me that I had already started a PR application and she took my phone and went through my emails and text messages. She found one message where I told my friend I had just quit my job. She almost denied me entry. I was in complete melt-down mode as I didn't even have moving stuff with me! I was really just coming for a visit and living at my mom's for the time being. It was horrible.

My one saving grace: I was with my husband and he had brought a copy of our marriage certificate and our application receipt that I had already paid the $1,040 fee. After 3 hours of interrogation, they let me pass. However, the agent had every right to turn me around right there. And almost did.