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Barely got through pearson today!

Patricksgirls

Star Member
Oct 31, 2010
180
7
Flew here for three weeks to secure an apartment with my fiance. Went through customs and they saw that I got a visitor record from the last time. The border guard said there is nothing bad in my file but sent me to immigration. That is where it got scary. A million questions about why I am here when was I here last etc,. They did ask to see my return ticket but I did not get a visitor record. I brought letters from my parents and daycare but they did not ask for proof of home ties.
Now when I go through with my daughters in a few weeks I am not sure what to do. We want to stay while our app is being processed yet may not have the fbi back or marriage license to file before I come in with the girls. Should we pay the fees and start the forms and say we are filing but waiting for the necessary documentation when I come back with the kids?
Or should I just explain that I am bringing my three year old to meet my fiance since she has not met him in person yet. I wanted to spend a few months here seeing how we work as a family unit before we get married and start the application process......
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
123
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
You have been flagged and bringing your kids into Canada in a few weeks is going to be a big deal. Unless you are an eligible PR applicant (married or common-law with your Canadian) and he is accompanying you on entry to speak to his intention to sponsor you for PR, you run a high risk of being turned around. Simply saying that you are intending to apply for PR when he isn't with you is enough for them to turn you around - you'd be stating your intention to remain permanently and that means you can't convince them anymore of your intention to return home again . . . especially when you're bringing the children. They are under absolutely no obligation to believe anything you have to say and, having been in a similar situation with my own child a few years ago (and it got ugly, with the officer screaming at me and calling me a criminal and a liar), I do not recommend you risk putting your children through that. I think the better plan would be for your fiance to visit you and the children at your home - and if you want to stay in Canada with him after the marriage, while waiting for your PR to be finalized, have him accompany you and the kids into Canada AFTER you can prove you're legally married and eligible to be sponsored. Anything other than that is just too dicey - in my opinion - and the potential outcome is something you will definitely want to protect your kids against.
 

scylla

VIP Member
Jun 8, 2010
92,916
20,531
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
RobsLuv (as usual) has given very good advice.

You should also be aware that being denied entry isn't the worst thing that could happen. You could also be slapped with an exclusion order barring you from entering Canada for a period of time. Here's one story:

http://www.canadavisa.com/canada-immigration-discussion-board/how-to-get-through-the-border-to-apply-inland-t57020.0.html;msg485848#msg485848

Since you've now been flagged, make sure you think through your next steps carefully. And good luck!
 

Patricksgirls

Star Member
Oct 31, 2010
180
7
All these things are what I am afraid of. It is tough because I just want to visit with him and the girls so that they can get to know him before we get married. He can't cross right now while waiting for his border waiver for the U.S. and that has been in process for 6 months now so we have potentially another six months before he can possibly get approved.
If I fly in with them a month or two later with the intent to just visit with the girls will that still be an issue?
I can show bank ties, dr appts and a vehicle that will be left in the U.S. I just do not understand the issue since I have never overstayed and do not intend to with my children.
 

scylla

VIP Member
Jun 8, 2010
92,916
20,531
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I think it's going to be a huge dice roll regardless of whether you enter through an airport or land border.

One of the things they watch for is people who are coming in as visitors - but are behaving more like residents (i.e. by visiting frequently and displaying strong ties to Canada). You have started behaving more like a resident - and unfortunately they have picked up on this and it sounds like they may have you flagged in the system. ***Disclaimer: My US husband spent over three years behaving more as a resident than a visitor before he got PR status. So I totally understand why others do this. He too never did anything illegal (i.e. didn't work here, etc.) and never overstayed. However I was stressed every time he crossed the border.

You've run into at least some problems at the border the last two times you have crossed - right? (If not, then sorry! I must be thinking of someone else.) If so, then I think there's a good chance they have you flagged and it's going to happen again. The risk I would be most concerned about is the ban (exclusion order). You really don't want to end up with one of those given your husband can't get to the US right now.

Anyway, good luck regardless of what you decide to do - and keep us posted!
 

boblu

Star Member
Oct 11, 2010
60
3
Category........
Visa Office......
hong kong
Job Offer........
Pre-Assessed..
App. Filed.......
14/09/2010
File Transfer...
08/10/2010
Med's Done....
14/09/2010
you going to be stopped and questioned
if not for the previous flagging but because your traveling with a minor child. I am a canadian citizen and i have crossed the border many times with my kids even with me having full custody they still question me and asked if i have permission to travel and if kids are older they asked them question
so expected to be stopped and have them take a close look
 

Patricksgirls

Star Member
Oct 31, 2010
180
7
I have no problem with being stopped and questioned it is just the not getting in that terrifies me. I am hoping the fact that I went through this time with no visitor record is good. My fiance is totally bummed after me reading the posts to him. Not sure how we are supposed to get to know each other enough to get married responsibly yet not see each other. We know we want to be married but I am just trying to be a good parent and let my daughter meet him without hey this is my new husband.......
 

heatherusa

Hero Member
Mar 23, 2010
790
64
Edmonton
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
05-05-2010
File Transfer...
14-06-2010
Med's Done....
22-04-2010
Interview........
Not required
Passport Req..
08-10-2010
LANDED..........
26-10-2010
Make sure you have your notarized letter from your ex stating that they are allowing you to bring your children to Canada or the legal documentation showing you dont need his permission or you wont get past the IO at the airport.