Sponsorship-OUTLAND: staying in Canada amidst duration

[em-persandcollins]

This August (2014) my fiancé and I will be getting married and, afterwards, sending in our Sponsorship application OUTLAND.

While we will be sending it outland, I plan on coming to Canada to be with her (I'm American) at the beginning of July. Initially, I planned on entering Canada by stating I'll be "visiting"; however, I know that I will be staying till our wedding and, most likely, during the duration of our Sponsorship application process.*
I double-checked- via the CIC website- if I'm allowed to stay in Canada while the application is being processed OUTLAND and they stated that I can as long as I have "legal status" in Canada. Does this mean that I need to obtain a TRV (Temp. Resident Visa) in order to have "legal status"? Or would my visiting within the allotted time given to visa-exempt countries, like the US, classify me as obtaining "legal status" so long that it isn't longer than 6 months?
If I do need to obtain a TRV, through my research it seems quite difficult for an American to obtain one since I don't require a visa to visit Canada and have no criminal background, etc.; how can I get one, if need be?

Also, I did visit my partner in Canada for three months already this year (2014) and will have been back in the US for three months once I return to Canada in July: will that time count towards my 6 month time allowed or does the clock re-start the moment I leave Canada?

*NOTE: I am aware that this process could take longer than 6 months and will apply for an extended visitor stay if it becomes necessary.

Thank you; any advice is appreciated.

-em

 

[truesmile]

This question surrounding the 6-month rule has been brought up on this forum quite recently, educating most of us. It seem that some CBSA officers are telling people it's "6 months TOTAL" within the year. Now you may not have any trouble at the border, just saying. No, you can get an official 'visitor record' at the border and then apply to renew it 30 days prior to it's expiry. Others will post from personal experience.

Before you get yourself on the border services "radar" so to speak, and since you still have a bit to in the process, have you considered getting a NEXUS card. It makes border crossing SO much easier either by air OR car (so long as your most convenient border crossing has a NEXUS lane). The fee is $50 and it's valid for 5 years.

Good luck.

 

[rhcohen2014]

you definitely want to use the term "visiting" while crossing the border. You do not want them to think you will be trying to stay longer than what you ask for. They can/will refuse you entry which can cause major issues for your plans! Especially since you are not married yet, in my experience they are a lot tougher on couples who aren't married.

As the other poster suggested, there is confusion among US citizens about whether it's 6 mo. calendar year, or per visit. A bunch of us have been told different information. I am one of the ones who have been told by CBSA directly it's per calendar year, yet others are saying leaving "resets the clock" on that 6 mo. Bottom line is, it really depends on the agent you get, and their mood for that day.

My suggestion for you if you are getting married in Canada during your visit, bring A LOT of proof with you about your ties to the US. A lease agreement/mortgage papers, recent paystubs, work contract, etc. Having family and belongings in the US does not count toward strong ties. Also, any information about your wedding plans - contracts, deposits paid, itinerary, invitation. If you have started pulling together the PR application, bring everything with you, and if you can, pay for at least part of the the fees. This will prove your intent to follow their rules. They really hate when we look like we are making up our own.

Again, it's very important to stress the fact you are visiting. Do not offer information until they ask you. They most likely will ask for your plans, and it's VERY important you tell the truth. If you are pulled into secondary (which is highly likely), whatever information you tell them will be written in their system, and when you return, they will use that information to ask questions. They will want to make sure what you say is consistent. I think it's ok to tell them you are visiting to get married and you will be starting the PR process as an OUTLAND applicant soon after. THis is why having your paperwork with you is important. Don't worry so much about having it filled out, since the forms are updated regulary. I think it's more important they SEE you are taking the steps to do everything legally.

Remember, we are NOT guaranteed 6 mo. stays. Make sure to pick a return date, and if traveling by air, have a return ticket. They will ask you how long you want to stay. You may get a happy agent who lets you in with no problem, or you can get a grumpster who requires you to check out on that specific date. Your timeline of going 1 month before your wedding seems pretty reasonable. In my opinion, it won't raise too many red flags if you ask for 2-3 months, because that seems pretty logical (to me at least). I think it's when you ask for 4-6 months, they get a bit suspicious on your intent and worry about overstay. Again, that's just my opinion, from my experience. I tend to stay away from asking for more than 2 months at a time, because i ran into trouble with them when we were dating. oh, and also, do not attempt to bring all/most of your belongings with you. That is a huge red flag and will increase your chance at additional interrigation from the agents. Be careful about what information you have on your computer/phone too. They have the right to go through EVERYTHING, and if they see notes related to "moving" or shipping items to canada... RED FLAG!!!

Being able to stay during the duration of the PR process is in the hands of CIC, and whether they approve your extension. No one can tell you for sure here. There are many people who have done this successfully. 1 month before your current stay expires, you can apply for an extension.

No, we are not eligible for TRVs as visitors. I believe that is connected to work and student visas, or if you are seeking permission to re-enter after being found inadmissable. Your legal status during the app process will be "visitor". During this time you will not be able to work or go to school in canada. If you work remotely for a non- canadian company and getting paid through a US bank that is A-OK... and actually works in your favor!