Entering Canada by land

[Upthere-somewhere]

Hi,

My girlfriend and I are planning on marrying in October. She was in Canada with me in March and I proposed to her then. I have taken some days off work in the first week of October so that I can drive down to her state and we can come back up to the border together.

I am concerned she could be denied entry. Currently I'm earning enough to support us both and the plan is for her to stay up here. We'll get married and them complete our application and submit the completed application in nov/dec. This means that she is leaving her job and she'll be bringing a lot of things she owns with her.

I thought that we can start the application now. I have to file the marriage license, so I can have that with me. I also have my employment letter.

What else can we do to make sure she isn't denied entry? What other paperwork can I bring with me? We're worried about what to say about her coming in to make sure they don't decline her entry?

 

[spousalsponsee]

Hi,

My girlfriend and I are planning on marrying in October. She was in Canada with me in March and I proposed to her then. I have taken some days off work in the first week of October so that I can drive down to her state and we can come back up to the border together.

I am concerned she could be denied entry. Currently I'm earning enough to support us both and the plan is for her to stay up here. We'll get married and them complete our application and submit the completed application in nov/dec. This means that she is leaving her job and she'll be bringing a lot of things she owns with her.

I thought that we can start the application now. I have to file the marriage license, so I can have that with me. I also have my employment letter.

What else can we do to make sure she isn't denied entry? What other paperwork can I bring with me? We're worried about what to say about her coming in to make sure they don't decline her entry?

If your American girlfriend/wife presents at the Canadian border, she will need to demonstrate she is a visitor.

Arriving with a ring on her finger, and most of her stuff in the car, tbh is a horrible way to start that. Americans can be (and have, recently been) refused for arriving at the border requesting visitor status when they clearly intend to live in Canada.

One way of trying to demonstrate visitor intent is to apply for spousal sponsorship (yeah, sounds a bit counterproductive). If your application is in the system before you arrive, you're demonstrating that you know the rules, and are following them, so all you need to convince them is that she will leave if the app is refused. If you have ever lived together over 12 months and can prove it, you can apply now as a CL couple, otherwise you cannot do this until you get married.

Alternatively, if she can demonstrate that she has left things behind, and is still living at a residence in the US, that will also help her claim to be a visitor.

Americans being refused entry is relatively rare (assuming, of course, no criminal inadmissibility etc, which I presume isn't an issue as she was there with you), but about a year ago a US citizen was refused entry and barred from entry to Canada for a year because they showed up intending to move there on spousal sponsorship, had not yet arranged it all, and was requesting to be let in as a visitor. So you should make sure you've got everything lined up to demonstrate you know, and are following, the rules.

 

[Upthere-somewhere]

If your American girlfriend/wife presents at the Canadian border, she will need to demonstrate she is a visitor.

Arriving with a ring on her finger, and most of her stuff in the car, tbh is a horrible way to start that. Americans can be (and have, recently been) refused for arriving at the border requesting visitor status when they clearly intend to live in Canada.

One way of trying to demonstrate visitor intent is to apply for spousal sponsorship (yeah, sounds a bit counterproductive). If your application is in the system before you arrive, you're demonstrating that you know the rules, and are following them, so all you need to convince them is that she will leave if the app is refused. If you have ever lived together over 12 months and can prove it, you can apply now as a CL couple, otherwise you cannot do this until you get married.

Alternatively, if she can demonstrate that she has left things behind, and is still living at a residence in the US, that will also help her claim to be a visitor.

Americans being refused entry is relatively rare (assuming, of course, no criminal inadmissibility etc, which I presume isn't an issue as she was there with you), but about a year ago a US citizen was refused entry and barred from entry to Canada for a year because they showed up intending to move there on spousal sponsorship, had not yet arranged it all, and was requesting to be let in as a visitor. So you should make sure you've got everything lined up to demonstrate you know, and are following, the rules.

Thanks for your response.

So, since she is coming in October and we are getting married in Toronto after that, we won't have that piece for me to sponsor her.
Is it then safest to demonstrate that she will leave soon, even though honestly we're not planning on it?
I tried to look into getting her am extended visa from outside Canada but doesn't seem to be anything for Amerons.

 

[bafonso]

Do not show up as if you are going to MOVE to Canada. You simply can't and it will be the beginning of several harder crossings at the border, specially by land because the two of you come together in a vehicle with a bunch of stuff(!) I made the same mistake when badly advised by CBSA on the phone. She'll be bounced back and told to leave her belongings in US. Fundamentally, she won't ever be allowed to bring her stuff until she has PR. She will however be allowed to bring enough belongings such as clothes that are appropriate for however amount of time she says she will stay for *as a visitor*, just like any normal person visiting someone for a short time.

My suggestion is to *fly* and go through customs/immigration ALONE. Depending on airport/route, either the immigration officer will see all the bags or not (think connecting flights where you do customs before last leg...) Just have 1-2 bags, appropriate for whatever time you state. The moment she says she'll be staying for a long time then you will need to convince the officer of strong ties to US. Having quit her job, no longer maintaining a residence and newly wed to a canadian are red flags if you are not prepared like spousalsponsee mentions. Then she will likely be asked about a return ticket and other strong ties to home country. On the other hand, she can say she's coming to stay for a couple of weeks, decide to get married and stay longer...

The system is a bit twisted in the sense that dual intent is allowed while at the same time having to convince the officer that you will leave when you have to and show strong ties to home country. This is also up to each officer's discretion which I've found varies quite a lot. I've found that crossing by land is more painful once you've been bounced back. I've had an officer tell me that if I want to come and stay I should just get a job, period. On the other hand, I had discussed previously with another officer saying about my plan to come later and stay and she said it would be perfectly fine. Go figure...

 

[Upthere-somewhere]

We've crossed lots of times in the past 4 years of our relationship and it's always been painless. Ofcouse we've only had short visits before this. I'm glad I checked with you guys before just throwing all her stuff in the car! Sounds like it will be trickier.

 

[jeff198901]

I think hiding the ring would be a little over kill. My wife came to visit me in Canada a dozen times after we got engaged with her ring in site. Be sure to use the word "visiting"

I would also only bring a suitcase full of clothes to it doesn't appear like she is moving to Canada. You should be fine.

I have crossed the boarder with my wife several times now with no issues. It can be stressful but, you will be fine!

 

[bafonso]

We've crossed lots of times in the past 4 years of our relationship and it's always been painless. Ofcouse we've only had short visits before this. I'm glad I checked with you guys before just throwing all her stuff in the car! Sounds like it will be trickier.

Yes, no problem until you try to get ahead of the process yourself ;-) I have crossed it countless times before I was married and after. Issues only started once I made the mistake of trying to bring my stuff in.

 

[Upthere-somewhere]

Yes, no problem until you try to get ahead of the process yourself ;-) I have crossed it countless times before I was married and after. Issues only started once I made the mistake of trying to bring my stuff in.

Thank you very much for your feedback about this. It helps us take a lotinto consideration