Spousal Sponsorship - US borders

[aloshalaa1992]

Hi guys, I need your help here.

I'm a Canadian citizen. Last May I got married in the US to my US-citizen wife, and I've had multiple calls with IRCC and CBSA to explain my situation. Few calls later which one of them was 3 hours long, I got a confirmation that I wouldn't need a sponsorship application to get her into the country on temporary residence until we get the application in the works.

When we were at the Canadian-US boarders, the situation was different. The CBSA agent was extremely rude and he wanted to send my wife back to the US. I refused to let her go and put her back, and we spent 3 hours being interrogated and shouted at basically.

At the end, the officer gave her 2 months temporary residence for us to start the sponsorship process. However, the catch was that we need to leave Canada and enter before the 2 months and show the agent at the boarders that we filed the application and paid the fees. And the new agent will determine if she will enter Canada on another temporary residence or will be sent back to the US.

Besides the fact that this is humiliating to a Canadian citizen trying to bring his wife to the country, I've only followed the advice I was given by phone by IRCC and CBSA. The officer said this is the worse advice I've ever given.

Is there anything I can do about this? I know thay we should be working on the sponsorship application now, and that we have to leave and enter the country again through a boarder. What should I do? I feel stuck.

 

[scylla]

Hi guys, I need your help here.

I'm a Canadian citizen. Last May I got married in the US to my US-citizen wife, and I've had multiple calls with IRCC and CBSA to explain my situation. Few calls later which one of them was 3 hours long, I got a confirmation that I wouldn't need a sponsorship application to get her into the country on temporary residence until we get the application in the works.

When we were at the Canadian-US boarders, the situation was different. The CBSA agent was extremely rude and he wanted to send my wife back to the US. I refused to let her go and put her back, and we spent 3 hours being interrogated and shouted at basically.

At the end, the officer gave her 2 months temporary residence for us to start the sponsorship process. However, the catch was that we need to leave Canada and enter before the 2 months and show the agent at the boarders that we filed the application and paid the fees. And the new agent will determine if she will enter Canada on another temporary residence or will be sent back to the US.

Besides the fact that this is humiliating to a Canadian citizen trying to bring his wife to the country, I've only followed the advice I was given by phone by IRCC and CBSA. The officer said this is the worse advice I've ever given.

Is there anything I can do about this? I know thay we should be working on the sponsorship application now, and that we have to leave and enter the country again through a boarder. What should I do? I feel stuck.

It's always up to the CBSA officer at the border if a visitor is allowed into Canada and for how long. The answer would have been the same if you had already sponsored her for PR. She is only a visitor at this time and entry into Canada is entirely at the discretion of CBSA. She is only allowed into Canada temporarily at this time so if she showed up looking like she was moving (with multiple personal possessions) that was probably part of the problem. But what's done is done.

I don't know if an inside of Canada extension to her visitor status is possibile under these circumstances. You should give us more details on exactly what you were told and if you were given any paperwork. Also wait for others to comment.

Focus on getting the spousal sponsorship application submitted ASAP and make sure it's complete.

 

[armoured]

At the end, the officer gave her 2 months temporary residence for us to start the sponsorship process. However, the catch was that we need to leave Canada and enter before the 2 months and show the agent at the boarders that we filed the application and paid the fees. And the new agent will determine if she will enter Canada on another temporary residence or will be sent back to the US.

Besides the fact that this is humiliating to a Canadian citizen trying to bring his wife to the country, I've only followed the advice I was given by phone by IRCC and CBSA. The officer said this is the worse advice I've ever given.

Is there anything I can do about this? I know thay we should be working on the sponsorship application now, and that we have to leave and enter the country again through a boarder. What should I do? I feel stuck.

You don't say when this was.

I would do the following (assuming as @scylla wrote that you didn't get additional paperwork beyond the oral):
-apply now to extend her stay - https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay/apply.html

For 'reason' you would give your intent to apply for a sponsorship ASAP.

-apply for the sponsorship ASAP.

Then just wait. Don't go to the border. If you have a contact info for that officer, won't hurt to notify you did these two things and don't intend to do the border crssing thing. (Try to do this, well, not politely, but bureaucratic polite, if you know what I mean - polite in form but f-u in content).

Now a few "just checking" things:
-you say the officer said you have to come back - did they give you anything in writing specifying these conditions (apart from the limit on time in Canada)?
-does your wife need to travel before the PR is approved?

If not, I think you're good. Write your MP that the CBSA was abusive and rude.

[Background - IMO: basically what @scylla said above. CBSA at broder can be a bit .... sensitive, shall we say - to people from abroad (incl USA) thinking that they have a right to enter Canada. Had your spouse shown up with you and said she was just going to help you settle in for a couple months and then go back to get her stuff, or whatever, it would probably have been fine.

It is possible they'd have let her in if she'd filed the PR app first - but actually still up to CBSA at border. They seem to be more sensitive to the assumption you'll be let in, or that there's a right to do so permanently before approved as a PR.

The 'trick' if you will is that it's okay to have two ideas in mind, and then change your mind later. At least in these circumstances. Don't lie, of course.]

 

[Ponga]

It might be worth considering submitting an Outland application, just in case she has trouble returning to Canada.

Unlike an Inland application, that requires the sponsored person to `live' in Canada, the Outland application does not have this requirement. For this reason alone, it's a better option if she were to be denied entry, since it would continue to be processed by IRCC.

 

[canuck78]

Hi guys, I need your help here.

I'm a Canadian citizen. Last May I got married in the US to my US-citizen wife, and I've had multiple calls with IRCC and CBSA to explain my situation. Few calls later which one of them was 3 hours long, I got a confirmation that I wouldn't need a sponsorship application to get her into the country on temporary residence until we get the application in the works.

When we were at the Canadian-US boarders, the situation was different. The CBSA agent was extremely rude and he wanted to send my wife back to the US. I refused to let her go and put her back, and we spent 3 hours being interrogated and shouted at basically.

At the end, the officer gave her 2 months temporary residence for us to start the sponsorship process. However, the catch was that we need to leave Canada and enter before the 2 months and show the agent at the boarders that we filed the application and paid the fees. And the new agent will determine if she will enter Canada on another temporary residence or will be sent back to the US.

Besides the fact that this is humiliating to a Canadian citizen trying to bring his wife to the country, I've only followed the advice I was given by phone by IRCC and CBSA. The officer said this is the worse advice I've ever given.

Is there anything I can do about this? I know thay we should be working on the sponsorship application now, and that we have to leave and enter the country again through a boarder. What should I do? I feel stuck.

IRCC customer service give out basic information and unfortunately wrong information at times. They are not a substitute for an immigration lawyer who would have correctly advised you that your spouse was never guaranteed entry into Canada. The border agent was just doing their job. If your spouse declared their intention to move to Canada as a visitor she is actually lucky that she was able to enter Canada. CBSA could have easily justified denying entry. As previously noted spouses are treated like other visitors. If anything there are likely more concerns that a spouse of a PR or Citizen trying to enter Canada is less likely to return home and be a true visitor compared to others with minimal ties to Canada.