Travelling to and from the States while outland app in process; questions!!

[longobongo]

Hello everyone! My partner and I would like to apply for him to sponsor me for PR sometime in the future, but I had a few questions first. We would be applying outland since my entire family is in the US and I wouldn't want to be stranded in Canada. I was wondering though, once you had your application in process, are you permitted to travel to and from the states? Assuming you are issued a Visitor Record of a year to spend with your spouse while the app is in process. Does leaving Canada void that year-long VR? Would it not be advisable to leave the country until either the VR expires or I'm granted PR? I know processing times change all the time, currently for NY it's something around 30 months. Being away from my family for 30 months, during holidays and birthdays, would be really tough. Is it not possible to visit and then return to Canada to be with my spouse while the app continues processing?

Thanks!

 

[rhcohen2014]

Hello everyone! My partner and I would like to apply for him to sponsor me for PR sometime in the future, but I had a few questions first. We would be applying outland since my entire family is in the US and I wouldn't want to be stranded in Canada. I was wondering though, once you had your application in process, are you permitted to travel to and from the states? Assuming you are issued a Visitor Record of a year to spend with your spouse while the app is in process. Does leaving Canada void that year-long VR? Would it not be advisable to leave the country until either the VR expires or I'm granted PR? I know processing times change all the time, currently for NY it's something around 30 months. Being away from my family for 30 months, during holidays and birthdays, would be really tough. Is it not possible to visit and then return to Canada to be with my spouse while the app continues processing?

Thanks!

Your application doesn't go to NY unless they perceive it to be a fraudulant marriage or there are questions about you and your relationship. Most likely your application will go to Ottawa, which according to these threads and the spreadsheets being compiled takes 8-10 months for outland US citizens. In regards to travelling back and forth while on a visitor's pass, it does reset when you leave. That doesn't mean there will be a problem getting back in to canada. In fact, i was told by the border people, it can make it easier to go through. Basically you have to tell them why you left. I went to ottawa for a visit, and found out 2 days after i got there I had to go back for a mandatory work related thing. I left, and drove back the following day. While at the border, I just explained what happened, and since my passport was already stamped for a date in the future, they didn't give me any problems.

I always carry with me a copy of the application, our marriage certificate, paystubs, and my rental lease. They want to see significant ties to the US and plans to return so you don't overstay. Once the application is in, I've read on these boards, they will issue 6 month passes, and will also extend them for the time of the application. I don't think they just automatically issue year long passes (though I've never asked because i'm afraid to be denied entry!) I plan to visit long term again this summer, and will need to go back and forth for family/work related things, so most likely i will only be asking to stay until that time, then go back again. Once they see you are married and the application is in, they tend to be nicer about things - at least that has been my experience.

 

[longobongo]

Ohhh okay. Thank you so much for your response. I am glad to know that the processing time is less than a year-ish. I have been denied entry to Canada (recently, actually) because I mentioned I was attempting to become common-law with my boyfriend. Does a prior denial affect whether or not you'd be permitted to enter as a Visitor with an app in process?

 

[rhcohen2014]

Ohhh okay. Thank you so much for your response. I am glad to know that the processing time is less than a year-ish. I have been denied entry to Canada (recently, actually) because I mentioned I was attempting to become common-law with my boyfriend. Does a prior denial affect whether or not you'd be permitted to enter as a Visitor with an app in process?

I sure hope not because i received an exclusion order from dec 2011 to dec 2012. I have been back multiple times since. My first time back, i had to check out with the border. After that, i didn't, but i got pulled into secondary most times. The last time I entered, I was told they "upped my status", and i didn't even have to get out of the car - they just stamped my passport and noted the date i needed to leave by. We just submitted our application, so i have no idea if we will be seen as a difficult application. Fingers crossed all will be ok!

How were you denied entry? formally (as in exclusion order or deporation) or did they give you the option to withdraw your application? If it wasn't formally, you can try to go back anytime. Again, it's important to always carry your proof of ties to the US, and you have plans to go back once your visit is over. They want to know you won't be just staying there, especially working illegally. They want you to follow the rules, and do the process the way THEY want it to be done. Also, make sure your emails or computer you bring with you do not have anything related to staying/working in canada - except of couse plans to visit. They have the right to search EVERYTHING you bring in, and people can get denied based on information they read in texts, emails and documents.

If you are in Canada, brush up on the show "Border Security". I've learned A LOT about entering canada from watching that show - especially about the phone/computer thing. lol

 

[longobongo]

I hadn't overstayed or anything, at the border I was told by the officer that entering as a visitor with the intentions to become common-law with my boyfriend is not an appropriate reason to enter as a visitor. I was issued an "Allowed to Leave," just voluntarily withdrawing my application to enter Canada. I'm already back in Canada, actually, just for the weekend. I just hope that a prior denial won't affect me being allowed to enter and exit the country freely while my application is in process. It sure is difficult having older / close relatives in one country and a spouse in another!

Good luck with your application! Fingers crossed for you.

 

[rhcohen2014]

I hadn't overstayed or anything, at the border I was told by the officer that entering as a visitor with the intentions to become common-law with my boyfriend is not an appropriate reason to enter as a visitor. I was issued an "Allowed to Leave," just voluntarily withdrawing my application to enter Canada. I'm already back in Canada, actually, just for the weekend. I just hope that a prior denial won't affect me being allowed to enter and exit the country freely while my application is in process. It sure is difficult having older / close relatives in one country and a spouse in another!

Good luck with your application! Fingers crossed for you.

Thanks! Everyone's experience is different, and it is truely dependant on the border agent you are dealing with that day and their mood. If you are already back and adhere to the rules, then most likely once your application is in there won't be any issue. Again, it's hard to say. I'm telling you, "Border Security" is the BEST research as to what to do/not to do, and of course this forum!

 

[*Siren*]

Hello everyone! My partner and I would like to apply for him to sponsor me for PR sometime in the future, but I had a few questions first. We would be applying outland since my entire family is in the US and I wouldn't want to be stranded in Canada. I was wondering though, once you had your application in process, are you permitted to travel to and from the states? Assuming you are issued a Visitor Record of a year to spend with your spouse while the app is in process. Does leaving Canada void that year-long VR? Would it not be advisable to leave the country until either the VR expires or I'm granted PR? I know processing times change all the time, currently for NY it's something around 30 months. Being away from my family for 30 months, during holidays and birthdays, would be really tough. Is it not possible to visit and then return to Canada to be with my spouse while the app continues processing?

Thanks!

As long as you have a visitor's record, you shouldn't have any problems. I am sponsoring my American husband and he is living with me on a visitor's record. He crosses the border daily to work in Michigan and has never had any problems. As long as you still meet the requirements to enter Canada (ie. if you got arrested, you could be denied), everything should be fine.