Proof of intent to return
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Author Topic: Proof of intent to return  (Read 1701 times)
Wells Dad
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« on: January 29, 2011, 12:00:30 am »

Hi all!! Smiley

So, here's where we're at. Hoping someone has further insights for us.

I'm a Canadian citizen, sponsoring my wife. PR is pending, just received word that a decision has been made on my sponsorship app, haven't received the letter yet though.

Now, we went about this the wrong way the first time. Two years ago, we decided to move back to Canada, after living in the US 14 years (been married 16.5 years.) We simply entered with her as a visitor, and started working on the application process after we arrived. However, financial challenges arose and we never could quite send it off.

Eventually, my wife received an exclusion order based on overstaying. She complied very willingly, was very cooperative. She and our children have been living at her parents' in the US.

The exclusion ends on Feb. 21st, and I've been visiting them in the US. I have to go back up to work in March, and would like her to be able to visit while she waits for her PR.  Everything we've read, researched, etc....tells us we need to convince the officers at the border that she will willingly return to the US after her visit, and/or when her PR is decided.

Now, she has no employment in the US, as she is a full-time stay-at-home mommy. We co-own a vehicle, registered and insured in the US. We have a bank account in the US. Her parents will write a letter stating that they expect her return after visiting Canada.

That's about all the proof we can think of so far. We are concerned that it might not be enough, given that she overstayed once.  We've researched dual intent, visitor record, etc......and we're still a little worried that they might decide not to let her visit, due to the overstay and/or lack of proof of intent to return.

Anyone have any thoughts?

Thanks everyone!
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fleo
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« Reply #1 on: January 29, 2011, 10:38:27 am »

Do your children go to school? If they do, proof of enrolment or a letter from their teachers/principal would probably carry some weight, especially if they will be travelling with her. (Although, the fact they are /not/ travelling with her may be a bit of proof in itself I guess Smiley).

Best of luck, I hope the family will be reunited soon!
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Patricksgirls
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« Reply #2 on: January 29, 2011, 10:40:42 am »

I would imagine with an overstay order in the past you would have to have stronger ties such as the kids enrolled in school in the US, your wife having a job and a lease or mortgage. That is what I am learning just on a visitor record once. You could try to cross with the proof that the app is in process but I think with school age children that may be even more difficult. I asked this question recently too and it seems that you need a lot on her side of the border for them to be comfortable at times depending on the IO you encounter at the border. Also return tickets help but then again she overstayed once in the past and was sent out of Canada. Even with compliance it may seem to the IO that she visited her parents waiting out the order and did not establish herself back in the United States.
Good luck on what you can come up with!
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ocu_canadian
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« Reply #3 on: January 29, 2011, 10:45:03 am »

I know different countries but I had similar problems with the US and I needed proof of employments, and a lease or rental agreement for my appartment to come down and visit my wife. I am sure though that Canadians are easier going
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Patricksgirls
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« Reply #4 on: January 29, 2011, 01:23:19 pm »

I know different countries but I had similar problems with the US and I needed proof of employments, and a lease or rental agreement for my appartment to come down and visit my wife. I am sure though that Canadians are easier going
Not in my case! When you have kids with you it tends to really get scrutinized in secondary. I really think though it depends on the crossing. I would not fly into Pearson with your issue unless I had significant proof and a short return ticket. People on here have recommended Ottawa as being more forgiving to spouses.
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Wells Dad
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« Reply #5 on: January 29, 2011, 02:33:20 pm »

Well, the thing with our kids is that they are in school right now in the US. However, we were going to head back up over their spring break and enroll them in school in Canada when we get there. We are pondering options right now, though.....

If we thought for a moment her PR would be finalized my about mid-summer, we would just wait it out. But I need to get back to work soon, and I had put everything in Canada in storage so we wouldn't have to pay rent while I'm down here in the US.

I guess we didn't think it would take this long, we weren't expecting it to get returned when we sent it in.

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Wells Dad
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« Reply #6 on: January 29, 2011, 02:36:37 pm »

And thanks, Patricks, for the thoughts.....we're in Washington, and we've crossed many times over the past years into BC without too much trouble. But of course that was before she got the exclusion.....

We have always found the Canadian guards in general are way more friendly about things than the US side.....I could tell you stories about our encounters with the US guards, and I'm sure others here could, too.
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Patricksgirls
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« Reply #7 on: January 29, 2011, 03:52:08 pm »

Wells Dad perhaps I should cross there then lol! I think with me I got some jerk over by Winnipeg only my second time crossing and now they are "watching" me. Whatever that means. I would get a letter of enrollment from the US school to help with the possible crossing. When did you file the pr paperwork?
Even I have been hassled by my fellow citizen us guards. Try trucking sometime over the border Cry.
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