Visitor record

[ayrazar]

I'm still so confused about the visitor record thing. My husband is under one right now that expires Jan 4th. We're travelling to the states for 3 days later on this week. Half of what I've read says that doesn't affect the visitor record, the other half says it cancels it out. I don't understand what will actually happen when we re-enter Canada.

 

[sophiaka]

Usually it says if it is for one entry or multiple entries (usually one)
If you exit anyway you have to get a new visitor record, and explain why you left.

 

[LittleDermo]

I ran into a similar issue last year with a visitor record. When I first crossed over into Canada with my husband (who is Canadian) we didn't think to bring our marriage license with us. So the border patrol officer was weary to let me just cross in and ended up giving me a 1 month long visitor record. This was October 2014. I was able to cross over again before my month was up and back again and on this occasion was issued a 3 month visitor record (it was dated October 17th I believe or somewhere around that). We were planning on coming down to the US for Christmas with my family at the end of December so once that time came around since my visitor record was going to be ending soon anyway instead of trying to re-enter with the current visitor record I just surrendered it at the border when we left so that it would show that I had left Canada in the time frame that I was given.

We had planned to get a new visitor record for me on our re-entry to Canada after Christmas in the US but for some reason when we crossed the border that time they did not issue a new visitor record. They just let us cross. We even told them I was planning on staying the full 6 months but by this point we had already received our AOR and made sure to bring it with us and proof that we had paid the application fees.

The truth is no one is going to be able to tell you exactly what will happen as every border and every border patrol officer is different. In my case, we got lucky. I can tell you aside from that one specific time because I was flagged with a visitor record my first time crossing we were pulled into immigration every time we crossed after. That will probably be the case for your husband as well. The best advice I can give is be prepared. Bring all the proof you can to show that you are in the process of getting him his PR. Make sure to bring your marriage license as well but I say that only because we were burned on that once before. Once I was prepared for every situation that they could ask us we didn't have an issue with them.

 

[ayrazar]

I understand I won't be able to be told exactly what will happen, but the officer who gave us the record told us we could leave and come back (if he was granted re-entry) and the record would remain and he'd have to leave again on the 4th of January. That's why I am confused, the officer said leaving wouldn't cancel the record.

The Not guaranteeing re-entry just means it's not residency any research has told me. Like if he doesn't satisfy the requirements for visitor status on re-entry the VR doesn't change that. I know re-entry will depend on the officer we get I just don't understand if it will cancel the VR or not because I'm getting mixed answers with research.

 

[ayrazar]

Usually it says if it is for one entry or multiple entries (usually one)
If you exit anyway you have to get a new visitor record, and explain why you left.

Isn't this for a visa not a VR? The VR doesn't say anything about single or multiple.

 

[LittleDermo]

I understand I won't be able to be told exactly what will happen, but the officer who gave us the record told us we could leave and come back (if he was granted re-entry) and the record would remain and he'd have to leave again on the 4th of January. That's why I am confused, the officer said leaving wouldn't cancel the record.

The Not guaranteeing re-entry just means it's not residency any research has told me. Like if he doesn't satisfy the requirements for visitor status on re-entry the VR doesn't change that. I know re-entry will depend on the officer we get I just don't understand if it will cancel the VR or not because I'm getting mixed answers with research.

From my experience leaving and coming back on a visitor visa that isn't expired yet and that you don't plan on surrendering at the border when you leave doesn't cancel it. You can keep it and try re-entry on it but it doesn't guarantee re-entry. So keeping it and trying to return on it doesn't mean he will be able to re-enter on the same visitor record. They only way the visitor record is cancelled is by actually surrendering it at the border when you cross or it expires. When I received a new 3 month long visitor visa my 1 month visitor visa wasn't expired yet and the officer in the booth was going to let me back through with the 1 month record but we actually requested to go inside to extend it. So I don't believe leaving and returning with it while you are still within the time frame on the record cancels it.

 

[ayrazar]

Thanks Littledermo, that makes sense. So we can ask to go in and extend it when we come in? Cause our honeymoon is at the end of January and he'd have to try and come back in to leave from Toronto.

 

[carr1]

I'm a US citizen married to a Canadian citizen before our PR app was sent in we had trouble crossing the border. I was never denied but asked tons of questions, the last crossing before I applied was downright brutal. We live in a border town and in November I was given a 1 year VR, I was told I can now live in Canada but cannot work or study. We now cross without any issues. We have even crossed with my husbands kids without any questions. I usually cross about once a week for a few hours to see friends or grocery shop. I never get asked more than what I'm bringing back into Canada now.
When I was given the VR I was told if my app isn't finished in 1 year to come back and they will extend it for me.
I needed to show my marriage license, and our SA approval (as we had it already at the time) when given the VR. I always cross with all my paperwork, receipts and marriage license. It's better to have everything just in case they ask.

Apparently reading other stories on VR's I've come to conclude there is no rhyme and reason on how they work. I do know from this forum others that have a 1 year VR like me that use the same crossing with the same luck I have. I've come to the conclusion that not all border crossings do things the same.

Just bring everything with you that you can to prove you've applied, there is always the risk of being denied entry and if you're going to go across and back you just have to be ok with the what ifs I've learned.

 

[LittleDermo]

Thanks Littledermo, that makes sense. So we can ask to go in and extend it when we come in? Cause our honeymoon is at the end of January and he'd have to try and come back in to leave from Toronto.

Yes you can ask to extend it when you come back in. You just have to tell the officer in the booth that is what you want to do and he will send you inside to immigration. The only thing though is when we did that we were told by another border officer it was something we could do. Just cross over and cross back and go inside and ask to extend it. However, the officer that we dealt with inside seemed kind of annoyed that another border would tell us that. He did issue another VR for me though. So I'm not 100% sure they would do it but in our case they did.

Like carr said above, just make sure you have all your proof with you. It will help that you are crossing together as I never crossed alone. My husband was always with me. I've read stories on here with people crossing alone and they seem to be given a lot more grief than people crossing with their Canadian family members. I know this kind of thing is a big source of anxiety and believe me I've been there. The last thing you want is to be denied or separated in any way but I believe that if you are prepared for it you should be fine! ;D

 

[ayrazar]

Okay, so we'll cross into the states on the 24th normally and not surrender the VR. Then when we come back on the 27th, we'll ask the person at the gate to go inside to extend the VR. We'll bring our marriage certificate, receipt from the application fees payment, and itinerary for our Honeymoon at the end of January.

 

[ayrazar]

Crossing back over today. I'm assuming when we drive up just answer normally until they ask the 'how long are you staying in Canada' question in which case we'll ask to go inside and request extending his VR?

 

[California2Canada]

I'm a US citizen married to a Canadian citizen before our PR app was sent in we had trouble crossing the border.....I was given a 1 year VR, I was told I can now live in Canada but cannot work or study. We now cross without any issues. ......
I needed to show my marriage license, and our SA approval (as we had it already at the time) when given the VR. I always cross with all my paperwork, receipts and marriage license.

I'm trying to understand this Visitor Record and if it's a good thing and if I should ask for one. I am also a US citizen married to a Canadian. Currently in Canada but about to cross back to the US for our honeymoon, and I haven't turned in PR. My plan at the border was to say we are working on it, show proof of ties to the US, etc. I know I can get six more months if I play it cool and prepared, but getting a year instead would be awesome, Namely because we may actually move to the US in a year and I'm thinking about not applying for PR in that case. But being able to come and go *easily* for the next year would be amazing.

Is it a bad idea to ask for a one year visitor record? Does that negate me saying I'm working to apply for PR? If you ask and get denied what are the consequences?