As an outland PR spousal applicant, when can we permanently enter the country?

[Kelli]

My facts:
My spouse (married 10 months now, together 3.5 years with proof) is a Canadian citizen. I am an American citizen.
We successfully went through the Green Card (PR card) process in the US. This involved proving the legitimacy of our relationship.
We are living/working in the US trying to save money to move back to Canada (BC).
Our ultimate goal is to be able to move back to BC (May/June 2015), settle in a place to rent, find work, live a "normal" life near his entire family. We lived in Victoria before and it was a great fit for us.
We plan to file an outland spouse sponsorship & PR application with Canada to start the process and hopefully move back in a year.
Neither of us has any criminal/drug/driving record. Well, we have driving records that are clean.
My passport is USA and his is CAN. Both are valid for several more years.

My Questions:
1. Do I have to wait the estimated two years (according to the time check part of the website) until I am approved/issued the PR card before I can enter the country? I will very obviously be moving there when I enter the country. (Moving truck style) In the past, I have had many questions and they were hesitant to let me cross, while entering the country for a visit with the family while carrying several full suitcases and shipping boxes over the border through UPS. They were worried we would marry and I was trying to move there.
2. If I am able to enter the country during my process (before the PR is issued)....do I need to do it separate from my husband as a tourist, leave every 6 months and re-enter? Or can I obviously be moving there, driving/riding in the moving truck?
3. If we can move there before the process is complete, when the PR card is ready, do I need to leave and re-enter to land and receive the card?

Thank you in advance to anyone willing/able to accurately answer my questions! I have been having a hard time finding answers and we are hesitant to start the outland process until we know what our expectations should be.

 

[rhcohen2014]

1. No - the current processing time according to the tracking on this forum for us applications is 8-10 months, some applicants are closer to 12 months. ALL US applicants get processed at the Ottawa Visa Office. Applications do NOT go to LA unless there is some issue with the application, so do not pay attention to the processing times on the CIC site. They are not a true average for actually processing times. As for ENTERING canada - you will not be able to MOVE or LIVE in canada until you are approved to be a PR, at that point you will be able to bring your belongings (and not pay duties) to canada. Outland applicants are able to VISIT canada during the application process, even staying there for the entire time. Visitors are not legally allowed to work while in canada. Visitors are allowed to work remotely for a non-canadian company.

2. Since you can only enter canada as a visitor until you receive pr status, it's certainly not advisable to enter with a moving truck full of belongings. It is VERY important to be able to show significant ties to the US. This mainly includes a lease, mortgage/deed and/or work contract, paystubs. Family and belongings don't count. The border agents will want to know you have something to go back and will go back at the end of your visit. Your husband is free to move anything he wants across the border when he moves back. He will just need the proper forms. If you are with him when HE moves back, be prepared to prove you intend to go back to the US so they don't deny you entry. They also want to know your intentions for PR, so having receipts for fees paid and application information with you is advisable. It is generally advised for spouses to travel separately if they are accompanying a canadian moving back. Once you enter, you will either have your passport stamped and given a date to return, or not get a stamp at all which implies a 6 mo. stay. At least 30 days prior to the end of that date, you will want to apply to extend your stay as a visitor, and request to be there for the duration of the process. This is how outland applicants stay in canada the entire time.

3. No, if the applicant is already in canada when pr is issued, they can drive to the closest border and do what's called "flagpoling" to land as a PR. This is common practice. you do not receive the card at landing. the card will be mailed to the canadian address you provide when landing. i believe it can take up to 3 mo. to get it in the mail, though i'm not positive about that part.

 

[Ponga]

My facts:
My spouse (married 10 months now, together 3.5 years with proof) is a Canadian citizen. I am an American citizen.
We successfully went through the Green Card (PR card) process in the US. This involved proving the legitimacy of our relationship.
We are living/working in the US trying to save money to move back to Canada (BC).
Our ultimate goal is to be able to move back to BC (May/June 2015), settle in a place to rent, find work, live a "normal" life near his entire family. We lived in Victoria before and it was a great fit for us.
We plan to file an outland spouse sponsorship & PR application with Canada to start the process and hopefully move back in a year.
Neither of us has any criminal/drug/driving record. Well, we have driving records that are clean.
My passport is USA and his is CAN. Both are valid for several more years.

My Questions:
1. Do I have to wait the estimated two years (according to the time check part of the website) until I am approved/issued the PR card before I can enter the country? I will very obviously be moving there when I enter the country. (Moving truck style) In the past, I have had many questions and they were hesitant to let me cross, while entering the country for a visit with the family while carrying several full suitcases and shipping boxes over the border through UPS. They were worried we would marry and I was trying to move there.
2. If I am able to enter the country during my process (before the PR is issued)....do I need to do it separate from my husband as a tourist, leave every 6 months and re-enter? Or can I obviously be moving there, driving/riding in the moving truck?
3. If we can move there before the process is complete, when the PR card is ready, do I need to leave and re-enter to land and receive the card?

Thank you in advance to anyone willing/able to accurately answer my questions! I have been having a hard time finding answers and we are hesitant to start the outland process until we know what our expectations should be.

1. Americans that submit an Outland application are usually processed in Ottawa and complete the entire process in ~ 1 year. Only those applications with `red flags' are sent to LA or NY. This is not well known to most, because CIC doesn't make this very clear.

2. You can NOT move (moving truck style) until you have your CoPR and/or have landed. You can only `visit' your husband if he returns to Canada. Some American's have been `lucky', but the majority of people would agree that the chances of being denied entry 9if sitting in a moving truck) would be high.

3. See #2

 

[Rob_TO]

1. Americans that submit an Outland application are usually processed in Ottawa and complete the entire process in ~ 1 year. Only those applications with `red flags' are sent to LA or NY. This is not well known to most, because CIC doesn't make this very clear.

Actually they do make it very clear, ALL US citizens are initially processed at CPC-Ottawa. Just look at the "where do I apply" page of the CIC website: http://www.cic.gc.ca/english/information/offices/apply-where.asp . Clearly shows CPC-O processes PR apps for US citizens.

CIC then shuffling your application to another office is a whole other issue. It's not just LA or NY, but there are other CIC offices in Canada that some applications also can go to after the fact for whatever reason. However this has no bearing at all on what the main processing office is when submitting the app.

 

[Ponga]

Actually they do make it very clear, ALL US citizens are initially processed at CPC-Ottawa. Just look at the "where do I apply" page of the CIC website: http://www.cic.gc.ca/english/information/offices/apply-where.asp . Clearly shows CPC-O processes PR apps for US citizens.

CIC then shuffling your application to another office is a whole other issue. It's not just LA or NY, but there are other CIC offices in Canada that some applications also can go to after the fact for whatever reason. However this has no bearing at all on what the main processing office is when submitting the app.

Well then why do you suppose so many Americans seem to think that the processing time exceeds 2 years? Oh I know...because we Americans are too lazy to read through the information on CIC's website and just wait to have these questions answered here.

You must admit that many (perhaps > 50%) have no idea that this is how it works.

 

[Zarilenth]

Well then why do you suppose so many Americans seem to think that the processing time exceeds 2 years? Oh I know...because we Americans are too lazy to read through the information on CIC's website and just wait to have these questions answered here.

You must admit that many (perhaps > 50%) have no idea that this is how it works.

It's true. Almost every person on here beginning their application thinks they'll be processed through LA or NY. I thought that as well before I applied.
It is very clear on this site (http://www.cic.gc.ca/english/information/offices/apply-where.asp) but I didn't even know that existed until right now!

 

[Rob_TO]

It's true. Almost every person on here beginning their application thinks they'll be processed through LA or NY. I thought that as well before I applied.
It is very clear on this site (http://www.cic.gc.ca/english/information/offices/apply-where.asp) but I didn't even know that existed until right now!

Most people start posting questions (which i admit is much easier!) before actually reading the entire guide.

The link to that is at the bottom of the page showing all the times for various visa offices.

It also links to that page from the guide for applicants: http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp
Immigration Office requested for the processing of your application
Indicate the name of the Immigration Office which serves:
your country of nationality, or
the country in which you are residing, provided that you have been lawfully admitted to that country for at least one (1) year.

It's not just the USA either. i.e. If you are a citizen of Pakistan... your app now goes to London as per the form. Unless someone read the form, they would naturally think their app is processed at Islamabad.

 

[Kelli]

Thanks for all the info! I was unclear on whether it would be processed in Ottawa or not. So it seems to me that if we hope to move in May/June 2015 and the Ottawa processing time is 10mo-1yr.....this would be a good time to start the process. There is hope that we could move across the border with all our belongings in a year's time if I have been approved for PR at that point. That is what I'm understanding right now. Thanks again.

 

[Kelli]

I am seeing conflicting info about a minimum income and/or savings financial requirement for the Canadian sponsoring a spouse. Will my husband be expected to meet any sort of financial requirement to be approved to sponsor me?

 

[rhcohen2014]

no, there is no minimum income for a sponsor. CIC will be checking to make sure the sponsor has not used welfare in the past 12 months. There are some applicants who have mentioned CIC has requested additional information about their income and information about how they will support themselves. The main concern is making sure the applicant doesn't end up on welfare. If this happens, the sponsor will have to pay it back. It is common for couples to include detailed information in their application about how they plan to support themselves and provide letters from family members who agree to help out.