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Canadian returning to Canada with American wife

JKI2S

Newbie
Aug 5, 2013
6
0
Hello All,

I am a Canadian by birth and hold dual citizenship with the United States. My wife and I have decided to move to Canada (for MANY reasons) sometime next year and I am trying to nail down a few details of the sponsorship process. I understand that applying for my wife while she is in Canada is an option. What I am not certain about is the process of bringing her to the country in the first place and what to state at the border crossing.

Our intent is to drive from the United States to Canada with our belongings, establish a residence, and then I would apply to sponsor her to become a permanent resident. If anyone has had experience with this situation please chime in. From what I have read, my wife, being an American, has legal authorization to remain in Canada for 6 months as a visitor and once the application for permanent residence is initiated her legal status would remain unitl a decision on her permanent residence was reached.

To summarize, is my plan sound and what declaration do I need to make upon entry into Canada?

Thanks
 

Ponga

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Oct 22, 2013
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Hi,

I'm one of the newbies here, but I'd like to reply to your message:

I believe that if you both show up at a land crossing with a truck load of your `stuff', that might be a red flag to the CBSA. The way that I understand things, which is subject to scrutiny...even in my own mind...is that your wife should enter as though she is `visiting you' in Canada, NOT planning to live with you in Canada.

While she does have legal authorization to enter and `visit' you in Canada (unless told otherwise by a CBSA agent), she does not have the right to [technically] live with you for 6 months.

The only way that her status would be deemed `legal' (which isn't exactly correct) during the PR application process, would be if you file an Inland application...which is apparently the only valid reason for doing so since it would allow her to remain in Canada for the duration of the approval process (at least until stage 1- approval of sponsor). If for some strange reason you were not approved as a sponsor, she would need to leave Canada.

Perhaps applying now, via the Outland application is an option for you. Depending on when you plan to move, the whole process could be complete by the time you get to the border...with all your stuff. :)

As mentioned earlier in my `disclaimer'...I think I'm right. :)

Good luck!
 

OhCanadiana

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Feb 27, 2010
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JKI2S said:
Hello All,

I am a Canadian by birth and hold dual citizenship with the United States. My wife and I have decided to move to Canada (for MANY reasons) sometime next year and I am trying to nail down a few details of the sponsorship process. I understand that applying for my wife while she is in Canada is an option. What I am not certain about is the process of bringing her to the country in the first place and what to state at the border crossing.

Our intent is to drive from the United States to Canada with our belongings, establish a residence, and then I would apply to sponsor her to become a permanent resident. If anyone has had experience with this situation please chime in. From what I have read, my wife, being an American, has legal authorization to remain in Canada for 6 months as a visitor and once the application for permanent residence is initiated her legal status would remain unitl a decision on her permanent residence was reached.

To summarize, is my plan sound and what declaration do I need to make upon entry into Canada?

Thanks
Hello, and welcome.

Regarding sponsorship, as a Canadian citizen you could sponsor your wife now (while you are still living in the US). You don't need to wait until you are living in Canada to sponsor her. The documents you'll need are available http://www.cic.gc.ca/english/information/applications/fc.asp

While she is in process, she may visit Canada just like she may now. Every time she enters, her visit will be subject to assessment by the Border Officer. As a US citizen, she doesn't need a visa, but that doesn't mean she is guaranteed entry. It means she needs to explain to the Officer the purpose of her visit and the Officer will grant her entry. Remember that she is applying to enter every time she shows up at the border. Many people do this successfully, but once her ties to the US diminish so will the likelihood that she will return to the US so it's important to be very clear when she crosses the border that she (and you) understand that she can't work, will need to leave Canada once her status expires, etc. and to have a back-up plan in place (if you read through the forums, people have been denied entry in similar situations). Take a look at http://www.canadavisa.com/canada-immigration-discussion-board/moving-with-spouse-while-application-is-pending-t102071.0.html;msg1411584#msg1411584 for one person's experience, for example.

Regarding your belonings, as a returning Canadian, you can fill out one B4/B4A set that will allow you to import goods duty free as long as you've been out of Canada for at least one year and have owned, used, and possessed the items for at least 6 months (6 month req't waived if you've been out of Canada for five years). If you are importing any item over $10,000 Canadian you will have to pay duties on the amount over 10k. The government gives you one opportunity to tell them what you are bringing in so you need to fill out all the forms upfront and then you can bring it in over time but be sure to include everything upfront.

Similarly, your wife, as an immigrant will be able fill out one B4/B4A set which she has to turn in upon arrival once she has her PR card and intends to live in Canada more than 12 months (so, if you are already living in Canada, that would coincide with her landing). As an immigrant, she won't have the $10k limit per item.

The B4 is available at http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b4-eng.pdf
And the B4A is at http://www.cbsa-asfc.gc.ca/E/pbg/cf/b4a/

Detailed instructions are at http://cbsa-asfc.gc.ca/publications/pub/bsf5113-eng.html

As for filling out the forms, you can group like items together - eg clothes $xxxx if the value isn't huge or you can break it down a bit to say suits $xxxx, formal gowns $xxx, casual clothes $xxx. Same for lower value items like household goods, toiletries, etc. If you eat importing thing over several trips (or on plane vs shipment), try to separate line items per trip so that you don't run into issues when they cross items off as you import them.

For jewelry and electronics, you need to list them one per line item and include: for jewelry a photo and for electronics model and serial number. You may also want to take photos of furniture or any higher value item if you aren't importing it immediately. You can complete multiple B4A forms and just number them. Folks have also reported using other formats (Excel, packing lists) successfully.

If you can take an extra copy, it will make life easier for you and the CBSA agent since they keep one and give one (once stamped) back to you.

If you're importing a car, there's a few more steps involved. Take a look at the first page of the thread titled " US outland applicants' thread :)"
 

chach

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OhCanadiana is my hero. wow. 8)
 

JKI2S

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Aug 5, 2013
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OhCanadiana, thank you for your thorough explanation and detailed instructions. Your advice was very helpful. Ponga, I appreciated your contribution as well. You had the right idea.
 

canuck_in_uk

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JKI2S said:
Our intent is to drive from the United States to Canada with our belongings, establish a residence, and then I would apply to sponsor her to become a permanent resident. If anyone has had experience with this situation please chime in. From what I have read, my wife, being an American, has legal authorization to remain in Canada for 6 months as a visitor and once the application for permanent residence is initiated her legal status would remain unitl a decision on her permanent residence was reached.
It is a much better idea for you to apply for sponsorship as soon as you can, while still living in the US. Outland through Ottawa (processes US PR apps) is fairly quick, she'd most likely be a PR by this time next year.

There was an American woman (sponsorship app was processing) who showed up at the border with all of her stuff and was refused entry for trying to move to Canada prior to being granted PR. Even if the 2 of you show up at the border together and you say that all the stuff belongs to you and none of it is your wife's, the border officer probably won't believe it. You may get a nice officer who will bend the rules and let her enter but there is also the possibility that the officer will apply the rules of the law by refusing her entry for trying to move to Canada without the proper status.


Whether you sponsor her before or after entering Canada, it is safer for you guys to cross separately if you are bringing all of your belongings. As a returning Canadian, you can bring it all with you. Your wife can cross separately at a different time with only a suitcase or 2 and say that she is visiting her Canadian husband.
 

JKI2S

Newbie
Aug 5, 2013
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That definitely seems to make the most sense. I will begin the process as soon as possible. Thanks.
 

OhCanadiana

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Feb 27, 2010
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JKI2S said:
OhCanadiana, thank you for your thorough explanation and detailed instructions. Your advice was very helpful. Ponga, I appreciated your contribution as well. You had the right idea.
Happy to help. Good luck!

chach said:
OhCanadiana is my hero. wow. 8)
:)