Trouble at the border

[ayrazar]

Welp, I guess stuff was going too well.

My husband (US Citizen) was going to spend the off-season from work in Canada with me while we waited on our application (Received via Purolator Dec 1). When his work season started up again in a few weeks (seasonal layoffs) he was going to go back to the states. He had come up last week, stayed a few days, then on Tuesday the two of us went down to the states to get some clothing and his computer. We came back through the border Thursday night, and got pulled aside and told to go speak to immigration.

Over the next hour and a half (ugggg) they repeatedly asked us like 1 question, then we'd sit for a half hour, then another, 15 minutes of sitting, another question etc. Because we didn't have AOR, they were all concerned about the application. They wanted the receipt from me paying my fees etc. They said my husband was in the system, but that was it (probably from medicals as we did upfront). After the hour and a half on the hard plastic chairs, the immigration guy called us over and said he was giving my husband a "visitor record" which entailed that he must leave Canada by Jan 4th. They said that they had to do this because they can't tell yet if our application will be approved and they have to make sure he'll leave Canada.

This royally messes up our plans. We are planning on making a trip to the states Dec 24-27, and now I'm afraid they'll get stupid again when we try to re-enter Dec 27th. Although with a piece of paper saying he has to get out by Jan 4th maybe they'll be okay. Also, we bought honeymoon tickets leaving from Toronto, ON at the end of January, so he has to try and re-enter again in January after being forced to leave at the beginning. Not to mention we were planning on spending all of December/January together after 2 bloody years of being apart most of the time.

I'm also really worried this will be a flag on our application.

Thoughts? Comments? I'm really annoyed and discouraged after the whole ordeal. I wasn't expecting issue with the whole visa-exempt thing. Esp with the number of people who were saying oh you can stay while the app is being filled no problem.

 

[scylla]

It won't mess up your PR application - however it may mess up crossing back and forth across the border.

Yes - there are plenty of people who are visa exempt who have managed to stay in Canada while their application is being processed. The trick to this is usually limiting trips back and forth across the border. The more often you cross, the more likely you'll run issues.

Ultimately it's really impossible for any of us to say what will happen the next time he tries to cross. There may be issues or there may be none.

Make sure he brings as much evidence as possible that demonstrates his ties to the US in case he's pulled over again (proof of employment, property rental/ownership, etc.). And bring proof of the PR application. Even if you don't have AOR yet - bring proof you have paid the fees.

Good luck.

 

[Aquakitty]

Welp, I guess stuff was going too well.

My husband (US Citizen) was going to spend the off-season from work in Canada with me while we waited on our application (Received via Purolator Dec 1). When his work season started up again in a few weeks (seasonal layoffs) he was going to go back to the states. He had come up last week, stayed a few days, then on Tuesday the two of us went down to the states to get some clothing and his computer. We came back through the border Thursday night, and got pulled aside and told to go speak to immigration.

Over the next hour and a half (ugggg) they repeatedly asked us like 1 question, then we'd sit for a half hour, then another, 15 minutes of sitting, another question etc. Because we didn't have AOR, they were all concerned about the application. They wanted the receipt from me paying my fees etc. They said my husband was in the system, but that was it (probably from medicals as we did upfront). After the hour and a half on the hard plastic chairs, the immigration guy called us over and said he was giving my husband a "visitor record" which entailed that he must leave Canada by Jan 4th. They said that they had to do this because they can't tell yet if our application will be approved and they have to make sure he'll leave Canada.

This royally messes up our plans. We are planning on making a trip to the states Dec 24-27, and now I'm afraid they'll get stupid again when we try to re-enter Dec 27th. Although with a piece of paper saying he has to get out by Jan 4th maybe they'll be okay. Also, we bought honeymoon tickets leaving from Toronto, ON at the end of January, so he has to try and re-enter again in January after being forced to leave at the beginning. Not to mention we were planning on spending all of December/January together after 2 bloody years of being apart most of the time.

I'm also really worried this will be a flag on our application.

Thoughts? Comments? I'm really annoyed and discouraged after the whole ordeal. I wasn't expecting issue with the whole visa-exempt thing. Esp with the number of people who were saying oh you can stay while the app is being filled no problem.

I hate to be the bearer of bad news, but once this happens to you, you have a permanent flag on your record and you can expect he will get taken inside every time you cross from now on. I know this because the same exact thing happened to my husband (then b/f) stemming from a lack of return ticked in 2006, lol. Almost every time we cross he gets "hassled" and brought inside. We haven't crossed since his landing, and I'm hoping the PR card fixes this annoying issue. The good news is he's never been denied entry in all these years.

The other good news is, there is nothing to really worry about. The current VR should help him get back in the first time, and the next time just ask for a longer VR. By then your app should be in the system. And as you probably know now, asking for one is better than having them stick you with one. Just tell the truth about how long he wants to stay, and bring along proof of his employment in the US. That should get you through no problem.

If he plans to cross a lot, you should really try to get a Nexus card, and/or a longer visitor record. My husband had no problems crossing when he had a VR.

 

[ayrazar]

Scylla - Well that's good news about the PR app. Yeah we're bringing the receipt for fees for sure next time.

Aquakitty - Ugg. Great. How do you ask for a VR? Just drive up to the booth and say hey we'd like a VR? I didn't know anything about visitor record before this. The Nexus lanes at our crossing are never open so we didn't see the point :/

 

[epmarshall]

I hate to be the bearer of bad news, but once this happens to you, you have a permanent flag on your record and you can expect he will get taken inside every time you cross from now on. I know this because the same exact thing happened to my husband (then b/f) stemming from a lack of return ticked in 2006, lol. Almost every time we cross he gets "hassled" and brought inside. We haven't crossed since his landing, and I'm hoping the PR card fixes this annoying issue. The good news is he's never been denied entry in all these years.

The other good news is, there is nothing to really worry about. The current VR should help him get back in the first time, and the next time just ask for a longer VR. By then your app should be in the system. And as you probably know now, asking for one is better than having them stick you with one. Just tell the truth about how long he wants to stay, and bring along proof of his employment in the US. That should get you through no problem.

If he plans to cross a lot, you should really try to get a Nexus card, and/or a longer visitor record. My husband had no problems crossing when he had a VR.

Same thing happened to me. I got a red flag on my passport over a year ago and they still ask me about it every time I cross. I was actually denied once, which is an experience you want to avoid. Definitely always bring evidence and as others have said the nexus card might help the situation if you're intent on crossing.

 

[Aquakitty]

Same thing happened to me. I got a red flag on my passport over a year ago and they still ask me about it every time I cross. I was actually denied once, which is an experience you want to avoid. Definitely always bring evidence and as others have said the nexus card might help the situation if you're intent on crossing.

Yea my husband was denied the first time he tried to cross, because he had no return ticket. But they let him through a few hours later with a return ticket and bank statement, but with a VR. A while ago someone on here said once you have that on your record it's permanent but you can apply somehow to have it removed. They claimed that it would keep coming up even with the PR. So I guess we will eventually find out. If it does keep happening he'll have to look into getting that removed. I mean come on, it's been almost 10 years in our case.

Just getting the VR does flag you in some way, but maybe it's worse if you are actually denied, not sure.

 

[epmarshall]

Yea my husband was denied the first time he tried to cross, because he had no return ticket. But they let him through a few hours later with a return ticket and bank statement, but with a VR. A while ago someone on here said once you have that on your record it's permanent but you can apply somehow to have it removed. They claimed that it would keep coming up even with the PR. So I guess we will eventually find out. If it does keep happening he'll have to look into getting that removed. I mean come on, it's been almost 10 years in our case.

Just getting the VR does flag you in some way, but maybe it's worse if you are actually denied, not sure.

Jeez 10 years and they are still bringing it up. Here I was thinking over a year was a bit much.

 

[ayrazar]

Evidence of what, exactly?

And again, how do you ask for a VR?

Also, we can't get a return ticket because we drive to see each other.

With a VR in effect, does it make sense that they would refuse him entry? Like, it pretty much guarantees he's gonna leave again on Jan 4th. (With trying to come back in after Xmas travels)

 

[epmarshall]

Evidence of what, exactly?

And again, how do you ask for a VR?

Also, we can't get a return ticket because we drive to see each other.

With a VR in effect, does it make sense that they would refuse him entry? Like, it pretty much guarantees he's gonna leave again on Jan 4th. (With trying to come back in after Xmas travels)

Evidence meaning the things that Scylla mentioned, especially the PR fee receipt since you mentioned them asking for it at the border.
"Make sure he brings as much evidence as possible that demonstrates his ties to the US in case he's pulled over again (proof of employment, property rental/ownership, etc.). And bring proof of the PR application. Even if you don't have AOR yet - bring proof you have paid the fees. "

I believe you just ask the border guard for a VR at the border, but hopefully a more experienced member can comment as I have never gotten one personally. If you already have a VR in effect until the 4th, though, it seems like you are good for the christmas travels. It's always possible to get denied, but having the VR makes things seem safer. Again, no personal experience with VRs, though.

Good luck!

 

[ayrazar]

Yeah.. I have a lot of anxiety about the Xmas trip. I'm going with him and I dont know what to do if he gets denied and he's driving.. I'm hoping that they'll be good about it.

Yeah, kay. We'll bring the receipt for the fees for sure. Just not sure what else to bring. He's not renting, he lives with his parents for now. He's on unemployment for awhile while he's seasonally laid off. He thinks he should bring his proof of being on unemployment, but I'm afraid they'll see that as like.. a reason he can stay longer? I don't know.

 

[epmarshall]

Yeah.. I have a lot of anxiety about the Xmas trip. I'm going with him and I dont know what to do if he gets denied and he's driving.. I'm hoping that they'll be good about it.

Yeah, kay. We'll bring the receipt for the fees for sure. Just not sure what else to bring. He's not renting, he lives with his parents for now. He's on unemployment for awhile while he's seasonally laid off. He thinks he should bring his proof of being on unemployment, but I'm afraid they'll see that as like.. a reason he can stay longer? I don't know.

Yeah, I can relate but stressing will make them pick you two out of the crowd so try and stay calm. If it's any consolation, I also think they are less likely to deny him if you two are together. I was crossing alone when I was denied.

Bringing the proof of unemployment is tricky. It's hard to say what they will see that as because on one hand it shows that he does have funds for his stay, but I could see an officer having a bad day and also saying that was proof that he doesn't have a job at the moment or something. I'm not sure on that one.

Another possible idea is that he could get his parents to write him a letter saying he's visiting you in Canada until the VR expires on the 4th. The times I visited my boyfriend in Canada, I had my family basically just verify things in a letter and it seemed to help.

Then you can extend the VR when you get back into Canada after Christmas if you are planning to spend January together. Also, I'm not sure when he goes back to work, but he could even ask them to verify that he is going back to his job after season. That would show ties to the US. It's probably too close to the xmas outing to get that now, but it could be helpful in the future. Just possible ideas.

 

[ayrazar]

I don't understand how to extend a vr, I was trying to look it up buy all I saw was you have to apply to extend status 30 days in advance and the vr wasn't even for 30 days?

Yeah.. Well. If he wasn't planning on returning to work when they call, he wouldn't be eligible to receive unemployment. That's how it works, so.. Guh. I don't even want to leave for Xmas now because I don't want to give up the last week we can be together being for 4th :/

And also, I need to make sure he can come through at the end of January because of the honeymoon..

 

[Aquakitty]

I don't understand how to extend a vr, I was trying to look it up buy all I saw was you have to apply to extend status 30 days in advance and the vr wasn't even for 30 days?

Yeah.. Well. If he wasn't planning on returning to work when they call, he wouldn't be eligible to receive unemployment. That's how it works, so.. Guh. I don't even want to leave for Xmas now because I don't want to give up the last week we can be together being for 4th :/

And also, I need to make sure he can come through at the end of January because of the honeymoon..

You could extend it right now online by filling in the application to "change conditions or extend your stay" in Canada. 30 days is just a recommendation, you can actually apply any time before the VR expires. However this is kind of pointless since he is going to be crossing the border. Technically when he leaves your current VR is null.

Since he's leaving for Christmas, when you come back you could ask for a longer VR, just tell the truth about your Honeymoon and when he's leaving. They can see plainly you've complied with the current VR since you will be crossing back over.

I know it's confusing. A VR is not a visa, it's "status" in Canada which is basically the TIME you are allowed to stay in Canada, whereas a visa gives someone permission to enter Canada. Even visa holders can have a VR as they are only allowed to stay 6 months at a time on their visas without getting the same extension I've mentioned. So, you can have an actual visa and still be out of status in Canada. Since Americans are visa-exempt, only the VR exists for them.

I wouldn't bother bringing any evidence of unemployment, but a bank statement showing savings will help, and some old pay stubs. Just tell the truth, his job is calling after a layoff. He may not be employed now but you can at least show he had a job there.

The proof of the PR application is the big one though, be sure to bring that.

 

[Sunset0505]

Scylla - Well that's good news about the PR app. Yeah we're bringing the receipt for fees for sure next time.

Aquakitty - Ugg. Great. How do you ask for a VR? Just drive up to the booth and say hey we'd like a VR? I didn't know anything about visitor record before this. The Nexus lanes at our crossing are never open so we didn't see the point :/

After they ask you all the silly questions tell them you want to get another VR or extend the one you have....they will give you a coloured piece of paper with whatever on it and have you pull over and park....

 

[ayrazar]

That's weird. The officer who gave us the VR told us to hold onto it, come back into Canad with it on the 27th and hand it in when he leaves on the 4th. Are you saying he should hand it in when we leave on the 24th?