Visitor Visa still valid, will they let me back in?

[elan]

Hi All, First post but have been reading on here for a while, great database of knowledge on topics its hard to get a clear answer on!

So, I am a US citizen. My Wife is Canadian, we married 1.5years ago. I have been back and forth for a few years but have been in Canada solid since March (had a baby!). I applied for a visitors extension visa to stay until Dec 29. We had planned to move to the states by then. Well it now looks like we will be moving closer to February so I applied for a visitor extension (mailed on Dec 1).

Now we want to visit my family for Christmas in the states and return to Canada on Christmas eve, a few days before my visa expires, and I am worried that I could get denied coming back in. I don't think we will have the extension by then(assuming its approved). Am I over reacting or is this cause for concern?

We will be driving, and I was thinking if they have any issue, I can explain that I am just driving my wife/kid back to Toronto and will leave when the visa expires if my extension is denied.

 

[scylla]

Your current stay in Canada (and the extension) ends when you leave Canada. So regardless of why you are going to the US and for how long, when you return, you will be assessed as a new visitor to Canada.

 

[elan]

ok so the extension visa is irrelevant? hmm

SO they are going to see a guy who just spend almost a year in Canada with a Canadian wife and kid (legally with a tourist extension visa), left for a few days, and wants to come right back in. They may be looking for some convincing that I am actually going to leave again.

So If they are not convinced, they might staple a visitor record into my passport and still let me through? Should I be worried that im am going to be denied entry?

 

[AtHomeInMontreal]

Hi Elan,

I was in the reverse situation - almost the same though - in that I am married to a Canadian and spent a lot of time in Canada prior to my PR being submitted and subsequently granted. I found that the best thing to do when crossing the border is to be absolutely clear with the officers regarding your intentions and to carry whatever documentation you have with you so that you can prove your intent (I carried my entire immigration file every time I crossed, sometimes after periods of many months). After a while I was given visitor records for 6 months at a time which I never had difficulty "renewing" when they came near to expiration; however, I was also able to show progress toward my eventual legal status in Canada each time (and exactly why it took a while).

I found the officers on both sides of the border to be exceptionally helpful and understanding (it may have helped that it was a smaller crossing with generally the same officers over time). I am sure that they are used to "international families" between the U.S. and Canada these days.

From what you've said I would think that documentation regarding your move with your wife to the U.S. in early 2015 would be sufficient for Canada to issue you a new VR when you cross back. I'd think that evidence of a search for a place to live in the U.S., job offers or employment proof, etc., etc., would certainly underscore intent. I assume that you are also working toward your family's legal status in the U.S. (or have completed this) and documents associated with the effort would represent the best possible evidence of all that you will be leaving Canada at the end of your visitor's status.

However, if you have not worked toward legal status in the U.S. for your wife (i.e.: she will only be visiting the U.S. to be with you in 2015, essentially what you are doing in Canada now) I foresee a possible problem when you cross back into the U.S. with your wife after your return to Canada. Since Canada and the U.S. share information, the U.S. will likely be aware that you plan to move back into the U.S. and they may have concerns about your wife's status as a visitor and be inquisitive about her possible overstay.

Whatever you do, I'd be ready to show both sides of the border corresponding/matching evidence that you are working toward an eventual goal of legal status of your family, either in the U.S. or Canada. Absent that, you may find yourself in a bind when you cross the border in the future.

Have a great holiday!