Crossing The Border (again)

[Iamrobot85]

Hello,
This Friday the 12th my husband is flying in and we were going to drive to Canada. He has Family near Windsor and Friday night we were going to stay there and then drive across Canada to Calgary where he lives. I was planning on staying there while my permanent resident application is being processed. But I had a few questions.

We planned this weeks ago because we were made to understand that we could expect my FBI form to come back way before it actually did. As such, I have everything I need to submit my application right now but my immigration consultant might not be able to submit it for a few days after he receives the paperwork. I am not even sure he will even receive it by Friday. Either way, I know that it will not show up on my record that I have in fact submitted an application by the time I am ready to cross the border. Do you think this will matter? If I show them that the application will be submitted days after I cross the border, if it has not already, will that be okay? My immigration consultant would be willing to write me a letter on letterhead saying as much.

Also, I have been denied entry before when I drove. Last time, I flew and they allowed me entry and gave me a six month visa. The visa is still good until March. I know this does not guarantee me re-entry, buy will it help? I am worried because I don't have a job or an apartment. The only thing I have that shows I intend to come back to the U.S. is that I will be leaving most of my stuff here. I also heard that they are much more likely to deny you entry if you drive than if you fly, is this accurate?

Should I tell the people at the border that it is my intention to stay in Calgary with my husband while my outland application is being processed? And that if it takes longer than my visa would allow, that I plan on renewing it? Or should I gear my answers more towards suggesting that I only plan on staying for a finite time, like over the holidays, and that I plan to return to the U.S. after that? I DO plan on returning to the U.S. eventually, as I will be taking with me only clothes and my dog and will be leaving 90% of my stuff in the states until my PRS application gets processed.

I also wanted to say that the people on this message board have been an incredible help. As I near closer to actually submitting my application and playing the waiting game that comes after that, I wanted to thank you.

 

[Pharoh]

Hi Iamrobot85,

I'm curious to know about this too. I'm considering doing a similar thing, after new year's, in order to wait out the remaining few months with my spouse. It's hard enough as it is having to wait through the holidays. I'll need to leave my job, in order to spend the remaining time with her, and as such, will have no proof of employment. The only thing I'll have, is documents from the immigration application and eCas, whenever it gets updated. They'll be letting me in (or not) based on my word that I'll leave if not granted PR within six months...

I was interrogated and given a blue stamp the last time I flew up. I was terrified they wouldn't let me in. I didn't have any of my return flight information or job information, as I'd never been asked for it before. I DID have a few copies of stuff from my immigration application, however, which I guess pleased them.

Also, I have been denied entry before when I drove.

If you don't mind my asking, why were you denied? What was their official reasoning? When they deny you, can you not just turn around and immediately attempt to re-enter, and perhaps speak with a different IO? Are you banned from trying to cross for a number of days afterward?

I would guess they're more likely to deny you entrance, if you merely have to turn your car around, and drive away from the border. It's probably a huge hassle when someone flies in, as they have to formally deport them, assist them with getting put back on the next flight out of the country, keeping an eye on them to ensure they don't escape from the airport, etc. I also like to think that they, being compassionate (har har), realize how devastating it'd be to deny someone entrance via air, after they've flown for 3-18 hours, depending on whereabouts they flew out from.

Can anyone else chime in? Is honesty the best policy here? Do we say to the IO "I've stopped working, in order to wait out the outland PR process with my spouse. I'll be supported by my finances, the finances of my spouse, and whomever else. We'll be staying/living in (xxx place), and if I'm not granted PR from CIC within 6 months, I'll attempt to extend my visa, otherwise, will return to (xxx country) and continue waiting..."?

 

[Iamrobot85]

I was denied entry because I did not show sufficient proof that I intended to come back to the US. This was when my husband and I were engaged and we had not even really looked at the application for PRS other than we wanted to get married in Canada and fill out the application inland. I was honest with IO about our intentions and he was not very pleased. When we were denied, I was given the choice to speak to another IO officer or to sign a waiver saying I was canceling my plans to visit Canada. I asked the IO officer what were the chances that a different officer would say something different, and he said little to none so we just decided to sign the cancel form.

They didn't say anything about being barred from trying to reenter for so many days but I imagine it's frowned upon. I know they keep records because when I flew in a few months later, they sent me to secondary because I had been denied entry before, and the guy asked me about it. He seemed like he was on the verge of denying me entry when I explained that we are in the midst of filling out the application and I showed him a letter from our consultant saying as much. That was enough for him and he let me in.

Now I'm just worried that, because I'm driving again, they will deny my entry again. I'm hoping that if I show them proof that we are very close to submitting our application that that will be sufficient. You can legally stay in Canada on a visitor's visa for six months and we were informed that it should only take about four months for our application to process. I hope that showing that I am on a very clear and unobstructed path to living in Canada legally, that will be sufficient.

Anyone have any thoughts?

 

[Baloo]

Take copies of all the forms, documents and any evidence you will submit with your application.
Gather up as much as you can, at least if you need it, then it will be available.
They may let you in after a short conversation, sadly, nobody can say what the IO will do..

 

[Iamrobot85]

Should I be honest about my intention to stay in Canada while my application is being processed?

 

[Iamrobot85]

Bump

 

[michaelab]

I strongly suggest you only answer the questions they ask no more, no less. That being said I would not say "I am intending to stay in Canada while my PR is in process". I would say "I am visiting my husband and his family for # weeks and will be leaving on xx day" etc...Plans can change once you are in you know even you are planning on to stay in Canada during the PR process..why would you want to risk being turned back by telling that you will be staying til you get your PR.

*IF* they ask you if you are applying for the PR then you can say yes since you do not want to lie. Many people who are filing outland do visit Canada.

I have crossed several times (by driving) before/after my marrying and I understand how nerve wracking it is to cross. Like many of us I did not have a job (cus I am a stay at home mom) and I did not own my house..so I was very nervous about getting through. Oh on top of that I had a baby with me..and the baby was my Canadian husband's. Surprisingly only time they gave me a hard time was before I married my husband.. but after that I had no problems although they had asked me very weird questions (i.e. how much rent I pay, if the baby was my husband's..duh look at the birth certificate!)

Make sure you have enough proof that you won't be needing the social assistance while "visiting". If you have not filed for the PR then try to do it before and print out the copy of reciept and bring the all the copies as well. One thing they have asked me consisntantly was if I had a health insurance..I guess they want to know that in case of medical emergency I won't be burden to their country.

 

[BeShoo]

Be sure you have with you a copy of the paid receipt for the PR application, and a copy of the forms filled in wouldn't hurt.

It's the job of the border people to make sure that your stay is temporary, period. They are not going to assess your PR application, or decide if they think your marriage/partnership is genuine. Their only concern is to make sure your stay will be temporary and that you have no intent to do anything illegal (work without a permit, etc.).

If you have proof that you are submitting a PR application, that's a good indication that you are following the legal route, but you still have to prove on a balance of probabilities, that you are both willing and able to leave if and when the time comes. You need a place to go back to and things to go back for, or you're likely in big trouble. You could "move in" with a friend or relative if that's the best you can do.

Do you have a "Visitor Record" stapled into your passport? If so, it may give you credibility, but you will still have to leave by the end date of the VR.