US citizen wife and moving back to Canada

[jjoon]

I have been crossing (mostly WITH) my Canadian husband for over 6 years and only recently did I start a PR applicaton (or even know I should carry proof of US contacts.) We just tell them I reside in the US and he resides in Canada but we spend about half the year here and half the year there. It's quite a common situation for US-Canadian couples.We travel back and forth together for his business, and (if they ask) we say that all my work is over the phone so I can travel with him. They sometimes ask how long that's been going on and we laugh and say too long! Then we say it depends on his work, we hope to know soon, and it's not clear yet which place we'll have to reside permanently, we hope to know soon, and they stamp mu passport (or not) and wave us through, no secondary or anything. We're married, in our 40s, we dress nicely, we travel with just a couple suitcases, and we/I usually have a return trip planned out of canada within the next 2-4 months (but usually no return ticket!) - so I'm sure that all helps.

I think it also depends on where you cross, it's worse at the border and best at the airports. The ONLY time I have been hassled (a bit) at the border is one of the 3 times I crossed to/from Niagara Falls to get a prescription refilled. So if you want to cross with your wife (and I can understand that feeling, I would certainly prefer not to split us up if we're travelling at same time and to same location!) perhaps the best thing is to get your stuff driven over by a moving company or what have you, and fly into Canada with your wife and just your suitcases.

like your wife, I have a remote job (freelance) that I can do while anywhere and I think that helps a lot too. When the border agent that hassled me (rainbow bridge) heard that she finally backed off. the big question for them seems to be whether the US citizen is working in Canada illegally. I sometimes wonder, how could I? I have no clue how I would get around the work permit requirements lol!

 

[rhcohen2014]

just goes to show everyone's experience with CBSA is unique. They def. prefer when us citizens have remote jobs. they are very concerned about people "taking a job away from a canadian".

 

[jjoon]

yeah, the aggression level w/ the Rainbow agent went way down when I told her that.
however, it usually never even comes up at the airport (toronto pearson) - so if the OP is trying to cross w/his wife, and he has option to fly, that may be the least hassle for him, from my experience (and what i've read on here, dont you think?)

 

[rhcohen2014]

yeah, the aggression level w/ the Rainbow agent went way down when I told her that.
however, it usually never even comes up at the airport (toronto pearson) - so if the OP is trying to cross w/his wife, and he has option to fly, that may be the least hassle for him, from my experience (and what i've read on here, dont you think?)

yes, airports are easier, because most people have return tickets which make it easier to prove intent to leave. when you drive your own car, they have to just take your word for it.

 

[jjoon]

that must be why. no one's ever asked for mine, tho... I just put down how long i expect my visit to be and they dont question that... (usually about 1-3, months, tho it extended to almost 6 months one time! )
guess i've been lucky hope i'm not jinxing myself ;D

 

[Smonro04]

yes, airports are easier, because most people have return tickets which make it easier to prove intent to leave. when you drive your own car, they have to just take your word for it.

So if my wife were to cross alone with the fees paid and she has the application with her, along with bank statements and pay stubs, and she tells them she is coming to visit her canadian husband and would like to visit with me while her application is in process, that would be the best way? Even if the application is not filed just yet? What if they ask her why she hasn't just applied yet? I'm assuming she would just say that she would like visit with me for most of the process or that she is still waiting for documentation, as she will need to get a new police certificate.

Sorry, I'm annoying it seems like, I just want to make sure she says the right thing, haha.

 

[rhcohen2014]

So if my wife were to cross alone with the fees paid and she has the application with her, along with bank statements and pay stubs, and she tells them she is coming to visit her canadian husband and would like to visit with me while her application is in process, that would be the best way? Even if the application is not filed just yet? What if they ask her why she hasn't just applied yet? I'm assuming she would just say that she would like visit with me for most of the process or that she is still waiting for documentation, as she will need to get a new police certificate.

Sorry, I'm annoying it seems like, I just want to make sure she says the right thing, haha.

if you haven't sent in the paperwork and are doing the legwork to start the application, it's perfectly acceptable to tell them that. Like i said before, they like to see when we are planning to follow the rules. when ever i crossed before we sent it in, i would show them the stack of papers, my emedical and the receipt for whatever fee we had paid up to that point.

I would think it's wise to avoid saying it's in process when it's clearly not. they are going to ask her how long she wants to stay, so then she answers. I'm really not so sure what would happen if she said she plans to stay there while the application is in process. I've never said that, and never ask for 6 mo. stays, so perhaps someone else with experience with that can advise better. To me, that still suggests she plans to stay for more than 6 mo, as they know the process is longer than 6 mo.

QuebecOkie said she told them she was going to help her husband settle, will be submitting the paperwork and then leaving to go back to OK. When I go there, i always have a specific date i tell them. Your wife certainly can ask for 6 mo, that is her right. It's just up to that border officer whether she'll be allowed that long. When she's in canada, and it's at least 30 days prior to her visit expiring, THEN you apply for an extension. You can ask for 6 mo. or 1 year extensions. Like I said earlier, i'm always cautious about pushing the envelop with CBSA, so I would never suggest to them I plan to apply for an extension while i'm there.

 

[jjoon]

When I go there, i always have a specific date i tell them. Your wife certainly can ask for 6 mo, that is her right. It's just up to that border officer whether she'll be allowed that long. When she's in canada, and it's at least 30 days prior to her visit expiring, THEN you apply for an extension. You can ask for 6 mo. or 1 year extensions. Like I said earlier, i'm always cautious about pushing the envelop with CBSA, so I would never suggest to them I plan to apply for an extension while i'm there.

I concur I think one thing that has helped me have hassle free crossings is that I always have a return date in mind, even if no ticket, and it's usually way less than 6 months, typically 2-3 months max and that's what I put down on my form. Many times I don't even get a stamp (which means an automatic 6 months), other times I get a stamp with no date (ditto) and on rare occasions that I get a date, it's always been 6 months, even though my form said 2-3. Then, if my plans change, and they often do, I can leave earlier or later, as long as I stay within the 6 months.

I think the key is that they can understand the nature of your relationship and see that it fits within the rules. With us, it was clear that both of us travel back and forth a lot, we are just one of those couples that live a cross-border life. You only had to look at our passports and all the US-Canada entry stamps to see that. With you, it sounds more like QuebecOkie, you want to show she's just helping you get settled, and spending some time together while she pulls the application together, all of which is perfectly natural for a wife to do... but she's got to have something to go back to. If she had/can show very strong ties to the US, eg, a home, mortgage/lease, all her accounts, all her stuff, aging parents/kids, and a job, then I would even say she could cross with you and the uhaul full of your stuff!

You just want to put yourself in the mind of your audience, and ask what does it look like when someone's planning to break the rules? And then make sure you don't inadvertently look like one of those people.

 

[Smonro04]

just goes to show everyone's experience with CBSA is unique. They def. prefer when us citizens have remote jobs. they are very concerned about people "taking a job away from a canadian".

Let's throw a wrench in the mix! My wife is pregnant! So could you direct me as to how this would work when filing the application for PR?

I know there is a section for dependent children, but if she is pregnant, we'd like to send it all in now...baby is due by Christmas...

So I'm rather confused at this? Can we still file a PR application for her, or must we wait to file until after baby is born? We plan on having baby in USA. please let me know your opinion as you're super informed!

 

[canuck_in_uk]

Let's throw a wrench in the mix! My wife is pregnant! So could you direct me as to how this would work when filing the application for PR?

I know there is a section for dependent children, but if she is pregnant, we'd like to send it all in now...baby is due by Christmas...

So I'm rather confused at this? Can we still file a PR application for her, or must we wait to file until after baby is born? We plan on having baby in USA. please let me know your opinion as you're super informed!

Being pregnant doesn't affect filing the app; you will file it as normal. An unborn child can't be listed in the forms; the most you could do is include a note from the doctor confirming the pregnancy.

Understand that the pregnancy will have no positive effect on the processing time; if anything, it could delay the app, depending on whether she is willing to have her chest X-ray while pregnant. If she doesn't want to do that, the Panel Physician will complete the rest of the medical and give her a deferral to have the X-ray done after the birth.

As the child will be Canadian, it will not be a dependent in the app. When the child is born, you can email a copy of the birth certificate to the VO; sometimes they request updated forms, sometimes they're happy with just the birth certificate.

 

[California2Canada]

yes I actually did answer the question:
" and in the beginning I was pulled into secondary regularly, and that is where they ask a lot more questions. When they pull her into secondary, this is when they start writing things in the system, and they will note her intentions to apply for PR. The more you cross, the more answers they already know, and they ask questions to hear consistent answers.

I've read this whole thread and think I'm good, but this part above is making me nervous. I am American and have been in Canada for 7 months staying with my now-wife (we got married a month ago). I applied for a visitor extension a month before my visa was up, so I'm good there (even though it hasn't been processed yet, my status is still ok from submitting).

We are about to leave on our honeymoon in the US and I will be returning separately, staying longer to visit people. I haven't turned in my PR app yet and was nervous about getting back in, but my plan is to do as you said in another answer and just say "I'm here visiting my wife while we work on submitting PR, we are gathering docs and not quite there yet. I am going to return to the US in a couple months in time for the holidays." I work remotely, so that's easy enough to explain being gone, and I have proof of ties to the US like a letter of employment from my boss saying I am free to work & travel, but based in the US with the option of a place of physical residence available. I will also have a copy of a fairly full US bank account.

My concern is what I quoted above. Though this time I'm going to say exactly what's up (I'm visiting my wife, working on PR), the last two times entering I've been pulled into secondary and I haven't told the whole truth. Namely, I didn't mention my fiancee being my fiancee, just that I was visiting friends. First staying with her for a few days, and then moving on. I read so much not to mention a relationship lest it complicated things/give intent of me staying that I tried to act like I was strictly traveling.

This last time they actually called her on the phone. Out stories matched up of when we met, how many times I've visited before, and how long I'd be staying with her this time (we both said a few days)...but now I'm nervous that there is record of this. And therefore if I get pulled into secondary again and say this person is my wife (which she is), are they going to look at records and say 'um, you acted like you were hanging out with her for a few days and now you're married?' Am I screwed now if I'm honest?