Unanswered Questions About Spousal Sponsorship. Advice?

[jeda]

Hello there! I still have a few questions I'm looking to be answered. I've done a lot of research, and a lot of posts that pop up in a google search are old, and I'd prefer the most up to date and relevant informatiom. My fiancé lives in Canada, and I in the states. We are currently working on our paperwork for us to get married in Ontario (I've been divorced in the states and we have to go through the process to get the divorce authorization). Now here are my questions;

Once married, we of course want to start the sponsorship process. Would it be better for Outland or Inland? I've read up on it, and it seems Outland can still be applied for if I'm already staying in Canada, allowing me to travel between the US and Canada, and has a faster processing time. But I also read that if I needed to travel back to the US, they may not let me re-enter Canada during that process, and that it's at the discretion of the immigration authorities. How likely is that to happen? Has anyone had any issues with this?

I also understand if I were to enter Canada as a visitor, and wanted to remain there past the 6 months (after we're married), I can apply for an extended stay as a visitor at about 5 months. I've read many couples apply for said extension and give the reason that they're waiting on PR and submit proof such as a receipt of sponsorship app fees, and very rarely get denied. Has anyone here had a bad experience or denial? What exactly gets claimed in the extension request? I also do not require a passport or visa (I live in NY and have an enhanced driver's license which allows me to cross by land), what would I use to prove date of entry when applying for the extension? When asked at the border how long I'm staying, what is the appropriate response to give? Currently I've only visited for a few days each time I've gone up and they never give me a visitor record or anything. Just ask me the reason for my visit, I say visiting him, and they ask for how long, I say however many days (usually 3-4) and they let me go on my way.

I also have a dependent child from my previous marriage and realize we would not be covered for health insurance there, and if I maintained an address in the US and obviously still a US citizen, I'd be able to keep my insurance. However, if needing to use it, we would have to cross the border. I'm afraid of denial for re-entry into Canada while waiting for PR status. My son has ADHD and requires a controlled substance for management, and has to be seen every 3 months for a checkup and I'd need his prescription filled each month. I'm sure it depends on where, but does anyone have any experience with using walk in clinics and paying for medication out of pocket?

We are looking at all of our options and what is the best way to go about this. Having our family split up like this is not easy. But we want to go about it the right way so that we can be together permanently, instead of me having to travel back and forth for visiting, as it can become costly. We want to be able to make an informed decision on how to best proceed. Thanks in advance for any advice. It's much appreciated.

 

[Rob_TO]

Once married, we of course want to start the sponsorship process. Would it be better for Outland or Inland? I've read up on it, and it seems Outland can still be applied for if I'm already staying in Canada, allowing me to travel between the US and Canada, and has a faster processing time. But I also read that if I needed to travel back to the US, they may not let me re-enter Canada during that process, and that it's at the discretion of the immigration authorities. How likely is that to happen? Has anyone had any issues with this?

If you intend to cross in and out of Canada during the process, then OUTLAND should be your only choice. Typically CBSA is easy on people who have a PR app already in progress so you shouldn't face any problems. In tiny chance of a refusal, the OUTLAND app would continue processing as it doesn't require you to be in Canada.

With an INLAND app, a refusal by CBSA would mean immediate cancellation of the app and needing to start from scratch again.

I also understand if I were to enter Canada as a visitor, and wanted to remain there past the 6 months (after we're married), I can apply for an extended stay as a visitor at about 5 months. I've read many couples apply for said extension and give the reason that they're waiting on PR and submit proof such as a receipt of sponsorship app fees, and very rarely get denied. Has anyone here had a bad experience or denial? What exactly gets claimed in the extension request? I also do not require a passport or visa (I live in NY and have an enhanced driver's license which allows me to cross by land), what would I use to prove date of entry when applying for the extension? When asked at the border how long I'm staying, what is the appropriate response to give? Currently I've only visited for a few days each time I've gone up and they never give me a visitor record or anything. Just ask me the reason for my visit, I say visiting him, and they ask for how long, I say however many days (usually 3-4) and they let me go on my way.

CBSA would usually swipe the ID you give them into their system. Most US citizens get extensions granted no problem, but if you're going to be leaving/re-entering so often it's kind of pointless to do since each re-entry will give you new status anyways.

Keep in mind you require a passport to apply for PR.

I also have a dependent child from my previous marriage and realize we would not be covered for health insurance there, and if I maintained an address in the US and obviously still a US citizen, I'd be able to keep my insurance. However, if needing to use it, we would have to cross the border. I'm afraid of denial for re-entry into Canada while waiting for PR status. My son has ADHD and requires a controlled substance for management, and has to be seen every 3 months for a checkup and I'd need his prescription filled each month. I'm sure it depends on where, but does anyone have any experience with using walk in clinics and paying for medication out of pocket?

You would need to research what the medication would cost in Canada out of pocket. Also not sure if a walk-in clinic can do this, they may need to refer you to a specialist depending on the medication.

Note you will also need to get permission of your ex, or have full legal custody, to have your child immigrate with you,

 

[jeda]

If you intend to cross in and out of Canada during the process, then OUTLAND should be your only choice. Typically CBSA is easy on people who have a PR app already in progress so you shouldn't face any problems. In tiny chance of a refusal, the OUTLAND app would continue processing as it doesn't require you to be in Canada.

With an INLAND app, a refusal by CBSA would mean immediate cancellation of the app and needing to start from scratch again.




CBSA would usually swipe the ID you give them into their system. Most US citizens get extensions granted no problem, but if you're going to be leaving/re-entering so often it's kind of pointless to do since each re-entry will give you new status anyways.

Keep in mind you require a passport to apply for PR.




You would need to research what the medication would cost in Canada out of pocket. Also not sure if a walk-in clinic can do this, they may need to refer you to a specialist depending on the medication.

Note you will also need to get permission of your ex, or have full legal custody, to have your child immigrate with you,

Thank you so much for your help! I figured Outland, but wanted to cover all my basis. I don't necessarily plan on traveling in and out often (don't want to risk a denial of entry even if the slimmest possibility), but would like the option if need be. I'm glad to know about the passport ahead of time, so that doesn't come as a surprise later, especially since they take longer in the US than Canada. My son is on Vyvanse. I've read about having documentation regarding his diagnosis and treatment to help a doctor there decide whether or not to prescribe it. But I will look into that when I am there this weekend. And yes, I do have sole legal custody as well as sole physical custody (called parenting time now in Arizona - I currently live in New York but divorce took place in Arizona along with custody).

Which reminds me, do you know how well that may go over with the sponsorship app? I obviously have the custody papers and getting a letter from my ex husband is out of the question. We have absolutely no contact, and I do not know where he lives, but the reasoning for no contact and sole custody is due to domestic violence, he threatened my life and the safety and wellbeing of my son. This is stated in the custody portion of my divorce papers. I'm hoping that will be enough to allow my son to be sponsored. I imagine if they were to require proof of said threats or whatnot, they'd let me know. But it's on a recording and they don't want flash drives. I previously had a restraining order while the divorce was pending, but it's no longer valid. I couldn't get a renewal as nothing had occurred since then, outside of stalking and harassment, but since it was across state lines, nothing could be done about it. He has warrants for it, but Arizona wouldn't arrest him since Georgia wouldn't extradite over them for being misdemeanors. Even though it was all clear violation of my restraining order. But I even have police reports to back all that up. I don't know if I should at the very least provide that explanation alongside my custody papers or not. I would hope the statements in my divorce papers from the judge is enough to satisfy them though as it was based on testimony and evidence. I just want as much of a heads up on what to expect so I can be as best prepared as possible.

Edit: Oh, and what is the best way to respond when asked how long I'm staying when I'm entering for the longer stay? Obviously we will be married by then and hopefully have started the PR process (the only thing we'd have to wait on is the marriage certificate, and I may be there prior to receiving it, otherwise we'd start immediately). I'm so scared of them denying me.

 

[Rob_TO]

I'm glad to know about the passport ahead of time, so that doesn't come as a surprise later, especially since they take longer in the US than Canada.

I believe the passport info is supposed to be send with the initial PR app, for both you and your son. So I would start applying for it immediately if you haven't yet done so.

Which reminds me, do you know how well that may go over with the sponsorship app? I obviously have the custody papers and getting a letter from my ex husband is out of the question. We have absolutely no contact, and I do not know where he lives, but the reasoning for no contact and sole custody is due to domestic violence, he threatened my life and the safety and wellbeing of my son. This is stated in the custody portion of my divorce papers. I'm hoping that will be enough to allow my son to be sponsored. I imagine if they were to require proof of said threats or whatnot, they'd let me know. But it's on a recording and they don't want flash drives. I previously had a restraining order while the divorce was pending, but it's no longer valid. I couldn't get a renewal as nothing had occurred since then, outside of stalking and harassment, but since it was across state lines, nothing could be done about it. He has warrants for it, but Arizona wouldn't arrest him since Georgia wouldn't extradite over them for being misdemeanors. Even though it was all clear violation of my restraining order. But I even have police reports to back all that up. I don't know if I should at the very least provide that explanation alongside my custody papers or not. I would hope the statements in my divorce papers from the judge is enough to satisfy them though as it was based on testimony and evidence. I just want as much of a heads up on what to expect so I can be as best prepared as possible.

As long as you have a court order showing full/legal custody, that should be good enough.

Edit: Oh, and what is the best way to respond when asked how long I'm staying when I'm entering for the longer stay? Obviously we will be married by then and hopefully have started the PR process (the only thing we'd have to wait on is the marriage certificate, and I may be there prior to receiving it, otherwise we'd start immediately). I'm so scared of them denying me.

You should tell CBSA you're visiting only, and if already submitted the PR app you can show them some proof of this. Waiting out the process in Canada is common. Tell them you understand and will abide by the visitor rules.

Just don't indicate you are permanently moving/living in Canada, until after you actually have PR status. So this means you should keep an address in the US, and not come with a ton of luggage that would indicate moving here.

 

[jeda]

I believe the passport info is supposed to be send with the initial PR app, for both you and your son. So I would start applying for it immediately if you haven't yet done so.



As long as you have a court order showing full/legal custody, that should be good enough.



You should tell CBSA you're visiting only, and if already submitted the PR app you can show them some proof of this. Waiting out the process in Canada is common. Tell them you understand and will abide by the visitor rules.

Just don't indicate you are permanently moving/living in Canada, until after you actually have PR status. So this means you should keep an address in the US, and not come with a ton of luggage that would indicate moving here.

Okay, thank you again! I think I only have one last question as you seem to be very knowledgeable. For a US passport, we have both a passport book and passport card, which both are considered passports. The only difference is the card cannot be used for international air travel. If I got just the cards for both my son and I, seeing as they are considered passports, do you know if that would be acceptable for the sponsorship application? Or do they require the book?

 

[Rob_TO]

Okay, thank you again! I think I only have one last question as you seem to be very knowledgeable. For a US passport, we have both a passport book and passport card, which both are considered passports. The only difference is the card cannot be used for international air travel. If I got just the cards for both my son and I, seeing as they are considered passports, do you know if that would be acceptable for the sponsorship application? Or do they require the book?

You need a real passport (so the book). The card is not really a passport.