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Mrs.Redneck

Full Member
Jun 25, 2012
41
0
Hi, Although I've been reading this forum as a guest for a long time, this is my first post as a registered member.
A little background, I, the Mrs. am Canadian, and the Mr. is American. We were married Feb. 2012 after dating for 5 years, I still live in Canada he still lives in the U.S. he is a professional over the road truckdriver, our plans are for him to immigrate here to Canada, we see eachother usually once a month for 4 days, and at times(vacation) spend 7-10 days together, yes it's difficult but quite frankly to us it has become "normal", it's the normal we have to live with for now anyways. Even when the Mr. DOES immigrate to Canada we're probably not going to see alot more of eachother because of the nature of his work. We have recently undertaken some significant financial obligations,( MY son's college, my sons' car FOR college etc). My husband wants to delay his immigration for a little longer simply for financial reasons,( to attempt to SAVE as much as possible in the event that he does not immediately find work here in Canada after he immigrates.)
Here's my current issue. BEFORE we were married, this is what I said at the Canadian border when the 2 of us were coming to Canada to spend our days off together, " This is my boyfriend, he's coming to my house in Canada for his days off, he's returning in 4 days". Usually a couple more questions from the border official( at the drive-up kiosk) and we were on our way. Since we have been married, VERY different, almost every time the border official at the kiosk directs us to park and go inside for an immigration interview. My husband an I have always been honest, and we definately want to to everything the right way, and I understand the suspicion on the behalf of CIC.
At our last interview with immigration the officer indicated that if we did not formally begin the immigration process soon, we may encounter some difficulties. I was not aware that there was some kind of timeline that we were expected to follow. I know it sounds odd because MOST peoples' concern is being together in the same country as soon as possible, WE on the other hand are trying to delay his immigration for the time being because we want to be as prepared as possible when the time comes. I know the process doesn't happen overnite, I'm aware that it will take up to a year to get him to Canada legally. I want to proceed with this the way that is best for US in our specific situation, and not be forced to act too quickly because it's what CIC EXPECTS of us. To us everything is the same as it always was.....except we're married now.
Is there a specific timeline that we are expected to follow? If we delay his immigration to Canada are we asking for significant problems? Can CIC deny him entry to Canada? He does not own a home, but he HAS been with his current employer for almost a decade. Would Nexus be an option that may help with our border crossings or should we just get divorced already? ( Kidding on that last one...)
Thanks for your advice.
 
Hi there,

i am very surprised that CIC is questioning you guys at the border just because you haven't started your immigration paperwork yet. Why is this an issue for them, i don't understand. I don't think there is any specific timeline to start the immigration. I highly doubt you will get into any trouble if you delay the process. Also, the process from the US is pretty quick. It should not take you a year like the website says. I got mine in 4 months. So only apply once you are ready.

Hopefully more knowledgeable members can give you a better answer.

cheers
 
Hey,

CIC is concerned that he will not go back to the US and stay in Canada with you, as it is the case for a lot of other couples - and you're probably the exception.
CIC can indeed deny him entry to Canada, and also ban him for one year, so if you have been given already a warning, I would say it is time to do something about it before he gets denied entry and banned ( it has happened to people on this forum and it makes everything else complicated). His record will show up every time he tries to enter Canada, so .... I would not suggest you try to play around.
One thing you can do is to start the PR application... pay the fees and get the receipt, and show that next time you cross. It should help convince that you are serious about it. I understand that you want to do the application at the time that is right for you, but I'm not sure that the cost you might have to pay for that ( him being banned from Canada for one year) is really worth it. Also because - he can become a PR and NOT live in Canada right away...

What I would do ( my own opinion and of course you can decide otherwise!) is start the application for PR. Once he gets approved, he can "land as a PR" ( complete landing procedures when crossing into Canada), and then, keep on working on the US side. There is nothing preventing him from doing that, and it's legal. In order to maintain his PR Status, he needs to be present 2 out of 5 rolling years. So let's say you start putting the application together now, and send it in January (it takes a while). you might get a PR at the end of 2013 (let's say october 2013).... he doesn't have to move at that time. He can work for another 2 years at least (3 in fact) before deciding to move.... and then when you guys decide it's time, his PR would already be activated, so no need to wait etc...

would that be an option for you ?
Good luck,
Sweden
 
^^ Totally agree with Sweden. Good to get your application process started and even after he lands, he can go back and move back for good once you guys are ready. Safer option compared to being banned, cos that wud suck.

cheers
 
I also agree with Sweden. Start the application process now, the next time he tries to cross you can show the fee receipt to show you have started the process (and proof you were accepted as a sponsor if you get that by then). Then once he gets his PR visa, he can land, then keep working in the USA as before for a couple of years.
 
Ok, thank you all for your responses and opinions, I REALLY appreciate it! First off......ban for a year although a possibility sounds very extreme, immigration would HAVE TO have something of high suspicion to base this on.....all they have to do is look at our crossing history, HE ALWAYS GOES BACK, and there is really nothing to indicate otherwise. Also, I understand what Sweden suggested, start and pay for process, then when he gets PR approved just stay in the U.S. and continue working until we're ready......wouldn't there be tax implications with that?? I think your right, we'll just start it.
 
Mrs.Redneck said:
Ok, thank you all for your responses and opinions, I REALLY appreciate it! First off......ban for a year although a possibility sounds very extreme, immigration would HAVE TO have something of high suspicion to base this on.....all they have to do is look at our crossing history, HE ALWAYS GOES BACK, and there is really nothing to indicate otherwise. Also, I understand what Sweden suggested, start and pay for process, then when he gets PR approved just stay in the U.S. and continue working until we're ready......wouldn't there be tax implications with that?? I think your right, we'll just start it.

Unfortunately it can also be that the officer at the border for any reason is in a bad mood, doesn't read your file to the end and see that he always go back, etc, and just decide that it's enough - banned! there are a couple of stories on the forum of people that had a ban (from crossing too many times US/Canada) and it makes everything else much more complicated, so - not worth it in my opinion. Also because - ultimately your husband is planning to immigrate to Canada and you both agree on it, but as long as you don't have proofs of it, then it won't really be concrete to a border officer.

Tax implications - there is a treaty between the US and Canada about tax issues, but I'm not a fiscal specialist - so I don't know much about it. Maybe it's best to ask for professional advice for that.
Good luck,
Sweden
 
No matter which way you go, I'd still HIGHLY recommend a Nexus card. Can't hurt to apply for one anyway. Everytime after I have passed through using that one I'm always singing "SWEEEEEET" to myself.