Traveling from BC to USA with pending applications!

[srbenda]

Hey all!

I had originally posted this question in response to a thread, but I realized maybe I should start a new topic with it.
I'm a total noob here on the immigration forum, and still learning about this process- so please correct me if I make a mistake.

I am a US citizen and my visitor visa in Canada expired on October 8, 2012. I sent in an extend to stay September 3, 2012... they returned the application to me on January 10, 2013 with a letter stating that I didn't sign the paperwork correctly (Whooooops) and that I had 90 days from the date of the letter to re-submit my application. That was sent yesterday, February 25th. My fiance (CAN Citizen) and I are getting everything together to submit our outland common law sponsorship application, with my medical exam this upcoming Monday.

Once everything is said, done and submitted- has anyone had issues travelling back and forth from the US to Canada? I would really like to go back home to California to visit friends and family and to start planning our wedding! My fiance and I are worried that I will be hassled and/or refused at the border because of my "grey-area" visitor status. Should I bring a copy of the submitted documents? I have no reason to be nervous, but for some reason law enforcement and immigration officer make me VERY nervous!

 

[Sweden]

If you're applying outland, then you're allowed to go in and out.
If you're applying inland, you shouldn't travel at all.

There are quite a few US/Can couples on the forum, and most people report that it is fine to travel, as long as you don't show up at the border with a U-haul full of things, and you clearly state that you are "visiting" in Canada, not "living" in Canada. It's wise to carry a proof that you have applied for PR (sponsorship approval if you have it already by the time you travel, or the post tracking receipt + copy of the fees receipt for example), so they can see that you have indeed applied and you are serious about it.

You can always be refused at the border, as entry is never guaranteed (well not until you have your PR) but it's unlikely, as Americans are usually not given a hard time. Also - because you have extended your visa etc, they can see that you won't "overstay", but rather extend your visa, so it proves that you want to have a status.

Just for you to be aware: as soon as you step outside of Canada, your previous visa is not valid anymore - and you get a new stamp at the border, which restarts the clock.

Good luck,
Sweden

 

[amikety]

If you leave with the status pending, you abandon the visitor application. Instead, you'll get new status when you re-enter Canada. It kinda sucks, because you're out the $75, but at least you'll have new status.

 

[srbenda]

If you leave with the status pending, you abandon the visitor application. Instead, you'll get new status when you re-enter Canada. It kinda sucks, because you're out the $75, but at least you'll have new status.

I'll be out $200 on that application because I had to re-submit. Do'h.

Thanks for your input!

 

[amikety]

I'll be out $200 on that application because I had to re-submit. Do'h.

Thanks for your input!

If you leave before they start processing, you can try canceling the application. You might get your money back.... but don't bet anything on it.

 

[srbenda]

If you leave before they start processing, you can try canceling the application. You might get your money back.... but don't bet anything on it.

Ooooh, might be worth a try if I do end up traveling.


One more question; On the form IMM5406 (Additional Family Information) I have only met two of my step-siblings out of the 6 and I do not have a good relationship with my step-father. Do I need to list the information for people that I have not met and have no contact with? :

 

[amikety]

Ooooh, might be worth a try if I do end up traveling.


One more question; On the form IMM5406 (Additional Family Information) I have only met two of my step-siblings out of the 6 and I do not have a good relationship with my step-father. Do I need to list the information for people that I have not met and have no contact with? :

You need to do the best you can. List everyone and write "unknown" if you don't know their address, birthplace, etc. I had to do that with my mom. Then I wrote an "additional information" page for my entire application. On there, I wrote a brief explanation for anything that needed it, including that.

 

[srbenda]

You need to do the best you can. List everyone and write "unknown" if you don't know their address, birthplace, etc. I had to do that with my mom. Then I wrote an "additional information" page for my entire application. On there, I wrote a brief explanation for anything that needed it, including that.

Thank you amikety!

 

[srbenda]

How about if I drive across the Peace Arch with a BC licensed car that is in both me and my fiance's name? We just bought a new Mazda in January and it was purchased and insured in both of our names.

 

[amikety]

How about if I drive across the Peace Arch with a BC licensed car that is in both me and my fiance's name? We just bought a new Mazda in January and it was purchased and insured in both of our names.

Have you submitted your PR application yet? If yes, have you gotten anything from CIC yet, such as AOR (Acknowledgement of Receipt)?

 

[srbenda]

Have you submitted your PR application yet? If yes, have you gotten anything from CIC yet, such as AOR (Acknowledgement of Receipt)?

Not yet... waiting for a few affidavits from friends. We plan to submit by the end of the month, and I hope to travel the beginning of April.

 

[amikety]

Not yet... waiting for a few affidavits from friends. We plan to submit by the end of the month, and I hope to travel the beginning of April.

Did you do the medical as planned? Have you paid the fees yet - have the receipt for the fees?

Take the medical form the doctor gave you and the receipt for the fees (if you've paid) with you. I suspect you'll get a little more scrutiny but if you show the forms, it will tell them you're truly going about things the legal way. You can have dual intent - to visit and to remain permanently.

Also, take along proof of the visitor's status you extended, just to show them you do your best to stay within compliance. I would also pack along some paystubs for your SO just in case they want to see funds.

 

[srbenda]

Did you do the medical as planned? Have you paid the fees yet - have the receipt for the fees?

Take the medical form the doctor gave you and the receipt for the fees (if you've paid) with you. I suspect you'll get a little more scrutiny but if you show the forms, it will tell them you're truly going about things the legal way. You can have dual intent - to visit and to remain permanently.

Also, take along proof of the visitor's status you extended, just to show them you do your best to stay within compliance. I would also pack along some paystubs for your SO just in case they want to see funds.

Yep, medical was done (surprisingly fast!) and fees have been paid. Maybe I should just take my whole "immigration binder" so that they can see everything going into it. lol. My SO will be with me coming back into BC, which may help I'm guessing? I've also heard that buying a return plane ticket isn't a bad idea, so that they are satisfied that you will not stay past the given terms... which in my case- would be 6 months.

 

[amikety]

I wouldn't bother with the return ticket. Let your husband drive across the border and have him talk with the IO unless the IO specifically asks you questions or wants to talk to your privately.

Since your hubby is coming, it should be a lot easier. He can just ask for permission for you to remain with him in Canada while the application is in process.

Definitely bring proof for both visitor applications and the rejection letter. That way the IO can see you have tried to maintain status in good faith and paid the proper fees to restore your status.

I would bring the whole binder Heck, I think overpreparing is awesome. I took 12 forms of ID with me when I got my marriage license...... Hahahah

Don't worry too much. Unless you get the IO with a log up his.... you'll be fine.