Questions about applying from outside Canada and cross-border travel

[Habsfan]

Hello,

We're about to apply for PR status for my new wife, who is American and I am Canadian.  She is currently visiting me here in Canada but will have to head back to the states soon (in like a month) before it's been 6 months here.  We're waiting on the FBI clearance document, which will not come in time before she has to go back to the states, so we won't have any other proof of our intention to apply for immigration other than the receipt for the application fees for the next ~5 months or so.  We would like her to continue visiting me here on extended period(s) of time (no longer than 6 months at the time) while our application is being processed, but we're worried of doing something that could put our plans in jeopardy. Our questions are:

1) If she attempts to come back to Canada before/while we're applying for immigration and she is denied access for whatever reason, does this interfere with the immigration application and if so, to what extent?

2) If she has spent almost 6 months here, goes back to the states to reset the 6 months and heads back here as soon as a couple weeks later for another extended visit, is this susceptible to cause issues at the borders?

3) She doesn't have a job and doesn't have a lot of money, but she still has her name on a lease in the States. She would also be travelling by plane with a two-way ticket (from the US, to Canada, and back to the US 5-6 months later), with minimal luggage. Is that sufficient to proove she has ties in the States and is not trying to move in Canada prematurely, or can we expect extra questions and potential trouble?

4) While crossing the border, is she better saying we got married this summer and are planning on applying to Immigration Canada as soon as we receive the last official documents we need (and bring the immigration application fee receipt with her, as well as pictures of the wedding and stuff), or should she avoid mentionning that topic? Keep in mind she will have been in canada for most of the 6 months preceeding her reentry here.

Thanks in advance so much for all your input, it is greatly appreciated!

[jayde]

You should be able to apply to extend her visit visa without having to go back to the states.  If she has to go back for other reasons, then your receipt showing that you've paid your fees should be enough for her to come back. 

Be honest, explain that it is your intention for her to visit while you wait for her permanent residency, it's called dual-intent. 

BTW... it only took a few weeks for my husband to get his last FBI check.  Hopefully it won't take too long to get yours.   Good luck!

[Habsfan]

Couldn't have asked for a more recomforting response, thank you so much jayde!

[Timemachine]

jayde-when did your husband last apply for his FBI check?  My fiance applied for his last week, and we were thinking of sending in the app without it and sending it later, but if it's only taking a few weeks now maybe we should wait and send it all in at once?  He already has his clean state certificate in hand.

[jayde]

Ours was requested last year... they were saying it would take 6-8 weeks, and it only took about 3.5.  I can't say what the wait time is presently, we were just shocked to receive ours as quickly as we did.

[jayde]

Couldn't have asked for a more recomforting response, thank you so much jayde!

You're welcome

[Leon]

1) If she attempts to come back to Canada before/while we're applying for immigration and she is denied access for whatever reason, does this interfere with the immigration application and if so, to what extent?

It doesn't interfere with it at all.

2) If she has spent almost 6 months here, goes back to the states to reset the 6 months and heads back here as soon as a couple weeks later for another extended visit, is this susceptible to cause issues at the borders?

Officially, you are not supposed to be living in Canada more than not on visitor status so they could refuse entry if they realize she is coming back after only 2 weeks away.  Like jayde said, you can also apply to extend her visitor status without her going back to the US but in order to do that, you need to know when she entered Canada so she either needs to have a passport stamp or a visitor record.  Does she have a passport stamp for when she entered?  The instructions to apply can be found here: http://www.cic.gc.ca/english/visit/extend-stay.asp  Give as a reason that you are about to apply for sponsorship.  Show that you have the money to support her.

3) She doesn't have a job and doesn't have a lot of money, but she still has her name on a lease in the States. She would also be travelling by plane with a two-way ticket (from the US, to Canada, and back to the US 5-6 months later), with minimal luggage. Is that sufficient to proove she has ties in the States and is not trying to move in Canada prematurely, or can we expect extra questions and potential trouble?

Two way ticket is good.  Not having a job can be a problem if they start asking.

4) While crossing the border, is she better saying we got married this summer and are planning on applying to Immigration Canada as soon as we receive the last official documents we need (and bring the immigration application fee receipt with her, as well as pictures of the wedding and stuff), or should she avoid mentionning that topic? Keep in mind she will have been in canada for most of the 6 months preceeding her reentry here.

If she is asked, just tell the truth, that is best.  They appreciate when people tell them the truth.  If she is not asked, she doesn't have to volunteer any information.  I have never had any problems when entering any country and I have never once volunteered any information.  Just tell them the truth if they ask something.

[Habsfan]

Thanks Leon for that very complete response and for the useful TIPS and URL's you provided. Your input was greatly appreciated!

[Habsfan]

Officially, you are not supposed to be living in Canada more than not on visitor status so they could refuse entry if they realize she is coming back after only 2 weeks away.  Like jayde said, you can also apply to extend her visitor status without her going back to the US but in order to do that, you need to know when she entered Canada so she either needs to have a passport stamp or a visitor record.  Does she have a passport stamp for when she entered?  The instructions to apply can be found here: http://www.cic.gc.ca/english/visit/extend-stay.asp  Give as a reason that you are about to apply for sponsorship.  Show that you have the money to support her.

Hey Leon, I'm hoping you will get this and can answer a couple more questions regarding that visa extension..

So basically, we just say that we're in the process of applying for permanent residency and we would like to have more time to finish preparing the application before she has to return home?

And to show that I have money to support her, is just a financial statement from the bank for my personnal bank account for the last 5 months (with explanations in the letter that I am providing for her while she is here) enough? Also we plan on adding the only paper prooving that we're married (one of the official copies of the paper you sign on the day of your wedding) to the visa extension request, since we didn't receive the marriage certificate yet.  Any other documents I could provide that could help?

Last one I promise.. According to this site (http://www.cic.gc.ca/english/information/times/temp.asp), the processing time for temporary visitor visa requests is 81 days for online applications.. do you know if it's faster for requests to extend a visa than requests to ask for a visa (that website does not seem to do the difference between the two)? She has to go back in 60 days if we don't get the extension, but with 81 days delay.. do you think we can even hope to get it before she has to leave?

Thanks again so much for your help!

[Leon]

Hey Leon, I'm hoping you will get this and can answer a couple more questions regarding that visa extension..

So basically, we just say that we're in the process of applying for permanent residency and we would like to have more time to finish preparing the application before she has to return home?

And to show that I have money to support her, is just a financial statement from the bank for my personnal bank account for the last 5 months (with explanations in the letter that I am providing for her while she is here) enough? Also we plan on adding the only paper prooving that we're married (one of the official copies of the paper you sign on the day of your wedding) to the visa extension request, since we didn't receive the marriage certificate yet.  Any other documents I could provide that could help?

Last one I promise.. According to this site (http://www.cic.gc.ca/english/information/times/temp.asp), the processing time for temporary visitor visa requests is 81 days for online applications.. do you know if it's faster for requests to extend a visa than requests to ask for a visa (that website does not seem to do the difference between the two)? She has to go back in 60 days if we don't get the extension, but with 81 days delay.. do you think we can even hope to get it before she has to leave?

Thanks again so much for your help!

Right, say you got married and are about to apply for sponsorship and you need time to work on your file. 

Aside from your bank statement, you can also include your last 3 pay slips if you are working.

As long as you apply before her visitor status expires, you are ok for her to stay on because as you have applied, she is under implied status until you hear back.  They actually want you to apply 30 days before her visit status expires but they are not very strict on that.

[Habsfan]

Ooh is that right, that's very good to know!! Thanks again so much Leon, we are in your debt! )