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a few questions...

dominico

Star Member
Feb 22, 2010
64
0
my american fiance is from us, i am canadian. we plan to marry in november of this year in us. we plan to drive through the buffalo border once married. my questions : do we apply for her visitor visa once we get to the border and then apply for citizenship after? (outland im assuming, so she can still cross back and forth between us/canada) what about her belongings (clothing, furniture ect...) can we bring that into canada?
do her medicals and criminal checks have to be done before in the us, or once we get to canada?
i read somewhere about denying a visitor visa because customs would be afraid of the person just staying in canada?

thanks to any who answer!
 

journeyman

Star Member
Sep 25, 2009
185
7
Toronto, ON
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
15-04-2010
AOR Received.
22-07-2010
File Transfer...
25-05-2010
Med's Done....
19-02-2010
Passport Req..
26-08-2010
VISA ISSUED...
02-09-2010
LANDED..........
12-10-2010
Hope this link is helpful for you:

http://www.us2canada.com/visiting.php
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
dominico said:
do we apply for her visitor visa once we get to the border and then apply for citizenship after?
There is no "visitor visa" for Americans visiting Canada because they are visa-exempt. Normally Americans are allowed a visit of 6 months as long as they can convince the officer that they won't work illegally and that they will return at the end the the authorization period (plus are not criminals, etc.).

If the visa officer has doubts about the vistor's intentions to stay permanently, they will be issued a "visitor record" that must be surrendered by the leave by date. It's possible to apply for an extension to a vistor record and any other entry into Canada.

This is all to get a Permanent Resident (PR) card. You need to live in Canada for 2 or 3(?) years as a PR before you can actually apply for citizenship.

(outland im assuming, so she can still cross back and forth between us/canada)
You can cross back and forth, but until she becomes a permanent resident, she will have to prove each time that her stay is temporary, that someone (herself or you) will support her without her working, etc. As long as the PR has not been granted, she can only stay as a visitor. They will want to know that she has sufficient ties to the U.S. that she is willing and able to return there immediately if the PR were to be denied, and that she would do that and not prefer to stay in Canada illegally with you. Obviously, it can be difficult to prove that your new wife has stronger ties to the U.S. and a home/job/property there than to you in Canada. Nevertheless, Canada allows "dual intent". It is perfectly legal to intend to move to Canada permanently and to at the same time apply to enter Canada temporarily. Normally, they will allow a person to remain in Canada while a PR application is in progress, providing the applicant won't work, will return at the end of the visit, etc. Every time the applicant leaves Canada during the process, there is some chance that she won't be allowed to return.

what about her belongings (clothing, furniture ect...) can we bring that into canada?
No, you absolutely can't do this as a visitor. The border officer will definitely think she is coming permanently if she does this and will more than likely refuse her entry. In addition, it is possible that she could be barred from entering Canada for 1 or 2 years if they suspect any intentions to illegally immigrate.

The best thing is to leave furniture, etc. in storage at a relative's or in a storage locker in the U.S. until PR is granted. The entire process usually takes 6 to 12 months once you submit the paperwork (though it can be much shorter or much longer in individual cases). Some people spend months getting the paperwork prepared, though it takes a bit more effort if you have a common law relationship than with a marriage. Still, they want to be assured that your marriage was not entered into solely for immigration purposes. You usually have to submit documents showing how your relationship developed before the marriage and you will at least require pictures of the wedding and the wedding guests and well as pictures of the honeymoon or an explanation if you're not having a honeymoon. You might also include a copy of the wedding invitation, copies of receipts for the catering of a reception, and that sort of thing.

do her medicals and criminal checks have to be done before in the us, or once we get to canada?
She needs a criminal check from the FBI for sure, and may or may not need state clearances. The FBI is very slow (8 to 12 weeks) so you might consider applying for that early. Some people have been told that their fingerprints are not clear enough and needed to wait another 8 weeks for a second request. When you do get the clearance from the FBI you have only 3 months to get it to Citizenship and Imigration Canada (CIC). They probably won't accept it if it is too old (over 3 months old).

The medicals can be done either in Canada or in the U.S., but the prices in Canada can be as little as half what they are in the U.S., and there are often more conveniently located facilities in Canada.

Be sure to read everything that was linked in the previous message. This is also very helpful: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html I'm sure I just typed what is probably in an FAQ somewhere. Ask if you have more questions.
 

canadianwoman

VIP Member
Nov 6, 2009
6,200
282
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
dominico said:
what about her belongings (clothing, furniture ect...) can we bring that into canada?
No, don't do that yet. An American will usually have no trouble entering Canada, and can stay for 6 months. They're only likely to be questioned and given less than 6 months or refused entry if the border official suspects they are not going to leave Canada. So she should say she is going to be visiting, and you should definitely not be trying to bring furniture with you.
 

dominico

Star Member
Feb 22, 2010
64
0
thank you for everybodys help.

so when crossing the border, am i required to physically get some kind of documentation for the 6 month visitor pass? or we can cross together but she must come back into the usa before the 6 months is up?
 

plumosa

Hero Member
May 27, 2010
314
11
123
Quebec
Category........
Visa Office......
buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
04/03/2010
AOR Received.
17/06/2010
File Transfer...
10/05/2010
Med's Done....
30/11/2009
Interview........
waived-letter dated 27/07/2010
Passport Req..
20/09/2010
VISA ISSUED...
28/09/2010
LANDED..........
28/09/2010
dominico said:
thank you for everybodys help.

so when crossing the border, am i required to physically get some kind of documentation for the 6 month visitor pass? or we can cross together but she must come back into the usa before the 6 months is up?
If you get pulled inside and get a visitor's record stapled into her passport then she has to leave by the date listed or apply for an extension--it will tell you how on the back side. If she just gets waved through then its 6 months.

Tips to get a long VR:
1)proof of funds-both hers and yours if you both have money. If she doesn't have money and you do, say that you'll be covering her expenses while she's there
2)proof of health insurance that covers Canada for the length of the trip. I personally found super cheap insurance through kanetix.ca

Canada and the US do not share information about border crossings. Canada has no idea when you leave, just when you enter, so that's why you have to stop by the Canada side of the border to turn in your visitor's record if you have one before going back into the states.
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
plumosa said:
Canada and the US do not share information about border crossings. Canada has no idea when you leave, just when you enter ...
I always assumed that was the case, but do you know that for a fact? How do you know that?
 

rjessome

VIP Member
Feb 24, 2009
4,354
213
Job Offer........
Pre-Assessed..
Canada does not have passport exit controls, only entry. If you want a visitor record, you need to specifically request it and get it stamped when you leave. The onus is on you to have CBSA verify the exit.
 

plumosa

Hero Member
May 27, 2010
314
11
123
Quebec
Category........
Visa Office......
buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
04/03/2010
AOR Received.
17/06/2010
File Transfer...
10/05/2010
Med's Done....
30/11/2009
Interview........
waived-letter dated 27/07/2010
Passport Req..
20/09/2010
VISA ISSUED...
28/09/2010
LANDED..........
28/09/2010
BeShoo said:
I always assumed that was the case, but do you know that for a fact? How do you know that?
I've asked at the border specifically and there is plenty of anecdotal evidence to support this.

When you look at the info on maintaining PR and obtaining citizenship, they ask you to keep a close eye on the days you are out of Canada. If they were keeping track of this electronically it would be quite easy for them to open up your file and figure it out themselves. If you require an admission form for the US you are supposed to surrender it before you leave, just as if you have a visitor's record you're supposed to surrender it to Canada before you leave as well.


I actually believe this is a worldwide phenomenon, which is why some countries give you entrance and exit stamps and others don't. The legalities of having to pass laws against privacy in order to share that short of information between countries is probably quite difficult. Though I imagine if you were flagged for a criminal reason it might be the only exception.

Another complication is when you have multiple citizenships you are supposed to enter each country with that passport, so say I'm a dual us/canadian citizen; I never enter Canada on anything but a Canadian passport and I never enter the US on anything but a US passport. If they shared information it would show that I was entering all the time, but never leaving!

In an ever-more-paranoid world, I could see entrance and exit stamps/passport swipes come into fruition, but luckily we are not there yet.
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
plumosa said:
I've asked at the border specifically and there is plenty of anecdotal evidence to support this.
Thanks. As I said, I figured this was the case. A lot of people assume that they know every time you've been in and out by scanning your passport, but I kind of doubt that they even record in the computer every time you come in.

I was in Argentina once and I received an exit stamp there, but the flight got delayed till the next day due to mechanical problems, and I had to "un-exit" from Argentina by them crossing out the exit stamp.
 

dominico

Star Member
Feb 22, 2010
64
0
plumosa said:
If you get pulled inside and get a visitor's record stapled into her passport then she has to leave by the date listed or apply for an extension--it will tell you how on the back side. If she just gets waved through then its 6 months.

Tips to get a long VR:
1)proof of funds-both hers and yours if you both have money. If she doesn't have money and you do, say that you'll be covering her expenses while she's there
2)proof of health insurance that covers Canada for the length of the trip. I personally found super cheap insurance through kanetix.ca

Canada and the US do not share information about border crossings. Canada has no idea when you leave, just when you enter, so that's why you have to stop by the Canada side of the border to turn in your visitor's record if you have one before going back into the states.
what is a realistic amount of time they would put on the visitor record though?
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
dominico said:
what is a realistic amount of time they would put on the visitor record though?
It seems to me that I read in one of the manuals that officer's are recommended not to put more than 6 months on an initial visitor record, though they may give less in certain circumstances. Sometimes when you have a PR application in an advanced state of processing, they will give a 1-year extension.

For an inland application, they are advised to give enough that the application might be finished processing before the VR expires, but they can easily give less because you can always ask for an extension.

Asking for 6 months right off the bat might make them suspicious, but if you are coming for a very short visit, they will routinely stamp your passport and write in a 6 month expiry date.
 

plumosa

Hero Member
May 27, 2010
314
11
123
Quebec
Category........
Visa Office......
buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
04/03/2010
AOR Received.
17/06/2010
File Transfer...
10/05/2010
Med's Done....
30/11/2009
Interview........
waived-letter dated 27/07/2010
Passport Req..
20/09/2010
VISA ISSUED...
28/09/2010
LANDED..........
28/09/2010
BeShoo said:
Asking for 6 months right off the bat might make them suspicious, but if you are coming for a very short visit, they will routinely stamp your passport and write in a 6 month expiry date.
but driving across the border you won't get a stamp at all if they think you are just visiting. So the 6 month rule still applies even though there's no record of it in your passport.
 

beantown

Full Member
Mar 30, 2010
27
0
canadianwoman said:
No, don't do that yet. An American will usually have no trouble entering Canada, and can stay for 6 months. They're only likely to be questioned and given less than 6 months or refused entry if the border official suspects they are not going to leave Canada. So she should say she is going to be visiting, and you should definitely not be trying to bring furniture with you.
Maybe it's because we are married and have a child together, but my family (me, Canadian who had been living in US; my American husband who i am sponsoring for PR; and our dual-citizen child) all moved to Canada together in June, and we had all our wordly belongings, including furniture, sent up on a big United Van Lines truck, with no issues whatsoever.

We had to go to a warehouse in Mississauga to clear Customs in order for the truck to bring the stuff to our house (a home which my husband and i bought, together), and the Customs guy had absolutely no problem with the fact that my husband's PR was pending. We just showed proof of that, and proof that I had a job in Canada to support us all.

I'm not saying you should do what I did because everyone's situation is different, but I have found that sometimes people on this site have had their own bad experiences with immigration authorities and tend to be a bit overly cautious, and perhaps alarmist.

Just my 2 cents.
 
I

iarblue

Guest
Well someone is wrong there.I drive transport for my brother to and from the US all year and to say they have no idea when you cross or dont your are totally misled.They know everytime you cross if they scan your passport.EVERYTIME.the only way they dont know is if they did not scan your passport.Sometimes Canadians and Americans go through the booths without being asked for their passport.But if they do ask for it and scan it then they know when you crossed and when you left.
They can even tell if you have broken the law in either country,and if you pay support and you are behind they both know,dont fool yourself that either side knows nothing they know everything.And now if you get a ticket in Newyork or Michigan it shows up on your Ontario licence,same the other way around if you get a ticket in Ontario it will show up on your Newyork or Michigan licence they have done this since Jan 2010.
I got pulled in one time in Feb 2010 and they told me when i crossed,they knew i was paying support to my Ex wife(i was current)but they still knew.I got my licence renewded in May this year and a speeding ticket i got in NewYork is on my Ontario licence.