Extending Visitor Status

[Cleric515]

Here is my situation, I am a Canadian Citizen and married my wife who is an American Citizen. We sent off our spousal sponsorship package January 5/15 and I received my Approval to be a Sponsor as of March 23/15. When my wife came through to Canada from the states in December of 2014, she was granted 6 months stay in Canada even though she had a return ticket for this upcoming friday April 24/15 with myself to also go visit her parents. We are to return May 3/15. My question is will she have any trouble crossing the border with a one way ticket with myself back into Canada on May 3/15. The reason we aren't purchasing a return ticket is because we plan to explain to them that we are in the process of spousal sponsorship and it's possible that she could be approved for permanent residency within that 6 months and to buy a return ticket would be a waste of money. In any case if she doesn't get her permanent residency within the 6 month time frame we plan to apply for her visitor status to be extended.

I know when she came through initially customs granted her 6 months even though she had a return ticket to only stay for 4 months and the officer explained to her that the reason for giving her 6 months was to give her more time as well as explaining to my wife if she wanted to extend her visit to apply at least a month before hand. I think if we're truthful about our reasons for her not having a return ticket that she shouldn't have a high chance of being turned away since it's hard for husband and wife to be apart and you'd think that customs would understand.

 

[OhCanadiana]

Here is my situation, I am a Canadian Citizen and married my wife who is an American Citizen. We sent off our spousal sponsorship package January 5/15 and I received my Approval to be a Sponsor as of March 23/15. When my wife came through to Canada from the states in December of 2014, she was granted 6 months stay in Canada even though she had a return ticket for this upcoming friday April 24/15 with myself to also go visit her parents. We are to return May 3/15. My question is will she have any trouble crossing the border with a one way ticket with myself back into Canada on May 3/15. The reason we aren't purchasing a return ticket is because we plan to explain to them that we are in the process of spousal sponsorship and it's possible that she could be approved for permanent residency within that 6 months and to buy a return ticket would be a waste of money. In any case if she doesn't get her permanent residency within the 6 month time frame we plan to apply for her visitor status to be extended.

I know when she came through initially customs granted her 6 months even though she had a return ticket to only stay for 4 months and the officer explained to her that the reason for giving her 6 months was to give her more time as well as explaining to my wife if she wanted to extend her visit to apply at least a month before hand. I think if we're truthful about our reasons for her not having a return ticket that she shouldn't have a high chance of being turned away since it's hard for husband and wife to be apart and you'd think that customs would understand.

I think you're right. I'd have a printed out copy of the spousal approval e-mail available if they ask for it.

Also, just in case, read up on Temporary Resident Permits. On the off chance she's denied (always luck of the draw), as a US citizen she should be able to apply for one on the spot at the border asking for early admission based on the family class application in process and the fact that you, her spouse, lives in Canada. Take a look at http://www.cic.gc.ca/english/resources/tools/temp/permits/index.asp for details (and consider it has a $200 application fee). Keep in mind TRPs are discretionary permits and there needs to be a compelling reason for the officer to grant it (e.g., family reunification).

 

[SchnookoLoly]

Read this link. It's geared to British applicants, but the situation here is identical for Americans as well. I STRONGLY advise against going on a one-way ticket. http://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Can_I_wait_in_Canada_while_my_application_is_being_processed:_Dual_Intent

 

[canuck_in_uk]

I know when she came through initially customs granted her 6 months even though she had a return ticket to only stay for 4 months and the officer explained to her that the reason for giving her 6 months was to give her more time as well as explaining to my wife if she wanted to extend her visit to apply at least a month before hand. I think if we're truthful about our reasons for her not having a return ticket that she shouldn't have a high chance of being turned away since it's hard for husband and wife to be apart and you'd think that customs would understand.

You should be fine. We came to Canada halfway through the process. I had purchased a separate fully refundable ticket back to the UK for my partner but the CBSA officer never even brought up the subject of leaving Canada. They are very lenient when there is a sponsorship app processing.

 

[OhCanadiana]

They are very lenient when there is a sponsorship app processing.

Indeed, especially after step 1 is completed.

 

[BeShoo]

Your wife is a U.S. citizen. I'd ignore the comment about Temporary Resident Permits. U.S. citizens are visa-exempt coming to Canada, and this situation is not going to come up.

If she still has time left on her 6 months, it shouldn't really be a problem at all. Does she have a "visitor record" or just a passport stamp from December? Especially with a visitor record, all you have to do is to explain that you plan to apply for an extension and it should be fine. They do say you should apply a month in advance, but that's just a suggestion. We did get warned slightly one time when we drove across the border with less than a month left on a VR. If she didn't get a VR when she first came, they may issue her one when she comes across in May.

Bring some proof that the application for PR has been filed, in case they ask for that. They do have to be satisfied that she will willingly return back home to the U.S. if her PR application is denied. That is what you have to concentrate on. Obviously, she like to stay with you in Canada even if she was denied a PR, so that's the only question. Once they give you a VR, they can make sure you either extend it or turn it in within the time limit.

 

[Cleric515]

If she still has time left on her 6 months, it shouldn't really be a problem at all. Does she have a "visitor record" or just a passport stamp from December? Especially with a visitor record, all you have to do is to explain that you plan to apply for an extension and it should be fine. They do say you should apply a month in advance, but that's just a suggestion. We did get warned slightly one time when we drove across the border with less than a month left on a VR. If she didn't get a VR when she first came, they may issue her one when she comes across in May.

Bring some proof that the application for PR has been filed, in case they ask for that. They do have to be satisfied that she will willingly return back home to the U.S. if her PR application is denied. That is what you have to concentrate on. Obviously, she like to stay with you in Canada even if she was denied a PR, so that's the only question. Once they give you a VR, they can make sure you either extend it or turn it in within the time limit.

I do know that when she came across in December of 2014 she was asked to go into a room where she was asked questions about who she was meeting and they did a background check on me to make sure that I even existed, they even asked what I did and my wife told them that I serve in the Canadian Forces as my trade is an Electrician. She explained to them that we were in the process of getting our package together. I assume that when you stay for a long period of time you'll always have to go into that room to be questioned as that's what they told her. They also told her to keep them updated with our process so when we cross back into Canada on May 3/15 we can show them the letter I received for my sponsorship approval and that we're in the second step of her getting approved for permanent residency. What is the difference between a passport and visitor record if you don't mind me asking?

 

[OhCanadiana]

I do know that when she came across in December of 2014 she was asked to go into a room where she was asked questions about who she was meeting and they did a background check on me to make sure that I even existed, they even asked what I did and my wife told them that I serve in the Canadian Forces as my trade is an Electrician. She explained to them that we were in the process of getting our package together. I assume that when you stay for a long period of time you'll always have to go into that room to be questioned as that's what they told her. They also told her to keep them updated with our process so when we cross back into Canada on May 3/15 we can show them the letter I received for my sponsorship approval and that we're in the second step of her getting approved for permanent residency. What is the difference between a passport and visitor record if you don't mind me asking?

A Visitor Record is a piece of paper a Border Services Officer issues when they want to document specific circumstances related to a visit and exercise additional control on the visit. For example, if they warn someone that they may not work they may issue a visitor record where they document that they told you that and you understood. Similarly, if they give you a shorter or longer visit period than the default 6 months they may crease a visitor record to document the reasons and rationale for that. If a VR-holder is supposed to check in with CBSA upon departure, it serves as a means to generate an exit record.

 

[OhCanadiana]

Your wife is a U.S. citizen. I'd ignore the comment about Temporary Resident Permits. U.S. citizens are visa-exempt coming to Canada, and this situation is not going to come up.

What do you base this assertion on?

To elaborate: Although, as I mentioned upfront, I concur with the OP that his wife is unlikely to have any issues, she will be examined upon entry and her admissibility is up to the BSO on duty at the time. There have been US citizens on this forum who have reported being denied entry and getting exclusion orders. Hence my suggestion she familiarize herself with TRPs, which I believe US citizens are in a unique position to be able to apply for at the border. While OP-20 is no longer available online, the link I posted also explains that early admission for family unification is one of the reasons they can be issued. So, if they do deem the OP's wife inadmissible, knowing about TRPs and requesting one at the border would be, as I see it, a much better option to, say, being excluded for a certain time period. But that's just my 2 cents.

 

[BeShoo]

What do you base this assertion on?

... So, if they do deem the OP's wife inadmissible, knowing about TRPs and requesting one at the border would be, as I see it, a much better option to, say, being excluded for a certain time period. But that's just my 2 cents.

There is not the slightest hint in the OP's description that there would be any reason at all for his wife to be declared inadmissible or for her to fall under an exclusion order. "TRPs are only issued in exceptional circumstance and at the discretion of the processing officer." There is no indication at all that there are any exceptional circumstances here.

"Inadmissibility: means there is a medical condition, recent or past criminal conviction(s), financial concern(s), you misrepresented information in your application or there are serious criminal concerns that cause you to be inadmissible under the Act and prevent you from entering or remaining in Canada without a TRP.

Non-compliance: means you directly or indirectly failed to satisfy the requirements of the Act or Regulations. Some examples are as follows:
- you were not examined when you entered Canada;
- you did not obtain a temporary resident visa (TRV);
- your visa expired before you entered Canada;
- you did not have a passport or it expired before you entered Canada;
- you overstayed your period of authorized stay; or
- you worked or studied without authorization (a permit)." (from http://www.cic.gc.ca/english/information/applications/guides/5554ETOC.asp)

There is no reason that she might overstay her authorization period and there is no indication of serious crimes or misrepresentation in her application or anything of that sort. In my opinion, it's extreme overkill to suggest that she might need a TRP.

At worst, if she didn't apply for an extension by the last day she was permitted to stay, she might have to apply for a "restoration of status" but there is no reason she'd have to do that, either.

 

[Ponga]

While OP-20 is no longer available online, the link I posted also explains that early admission for family unification is one of the reasons they can be issued.

Tada!:
http://web.archive.org/web/20140615000000*/http://www.cic.gc.ca/english/resources/manuals/op/op20-eng.pdf

 

[BeShoo]

I do know that when she came across in December of 2014 she was asked to go into a room where she was asked questions about who she was meeting and they did a background check on me to make sure that I even existed, they even asked what I did and my wife told them that I serve in the Canadian Forces as my trade is an Electrician. She explained to them that we were in the process of getting our package together. I assume that when you stay for a long period of time you'll always have to go into that room to be questioned as that's what they told her. They also told her to keep them updated with our process so when we cross back into Canada on May 3/15 we can show them the letter I received for my sponsorship approval and that we're in the second step of her getting approved for permanent residency. What is the difference between a passport and visitor record if you don't mind me asking?

As OhCanadiana explained, a Visitor Record is a letter-sized piece of paper that is folded up and stapled onto a page of the passport. You are supposed to hand it in when you leave the country before it expires or apply for an extension (essentially a new one) before it expires.

I can tell you about my experience. My partner visited several times before he came as a long-term visitor. Every time, he was taken to a little room or an office on the roadside for additional questions. This is called "secondary inspection." He came up once on a plane to Ottawa. It was a last-minute decision to spend American Thanksgiving together in Canada and he brought some raw sweet potatoes that he was planning to eat for Thanksgiving. That set off a red flag and they asked him lots of questions about where he was going and how did he know me, etc. They took away the sweet potatoes (no root crops across the border like that). They phoned me just as I was pulling into the parking lot at the airport to ask me some of the same questions to see if the story checked out. He got a stamp in his passport for 6 months.

Eventually, he was forced to move out of his place in Florida because he was out of work and ran out of money and I went down an brought him up with as much of his stuff as I could cram into the car. It's a good thing they didn't examine that stuff in detail, because they might not have liked it and it would have been a big job to repack it. We had a partially completed PR application in hand and told the officer that we were just waiting for an FBI check, but due to some confusion I hadn't found the proper way to pay the fee. The officer told us that we should have applied first and then brought him to visit. She was not very happy that I hadn't even paid the fees, but she gave him 3 months on a VR.

A lot of things happened after that and there were delays for various reasons. We got a couple of 6-month extensions, and a few one-year extensions to the visitor period. During the 5 years that followed, we visited the U.S. at least once a year (usually to his dad's place in southern PA from Ottawa/Gatineau), increasing to 3 or four times in the last year before he got his PR. On those many trips through the border, we never had to visit secondary inspection even once. They just looked at his passport, unfolded the VR (sometimes twice), and asked the typical questions that are asked of any Canadian resident. They are familiar with how long the PR application process takes and they understand that couples want to be together.

One thing that might be different for you is that all of those U.S. visits were by car and I was with him as his sponsor on each trip through Customs. We always had a bunch of paperwork with us, just in case, but no-one ever asked to see it. Bring your sponsorship approval letter with you in case they ask. You won't have any problem. Also, send that extension application before the 6 months expires. Even if you haven't quite sent the PR application by then, explain that you're about to send it and why there is a delay. That shouldn't be a problem, either, and even in the worst case, you'll have 53 days before you get bad news that she has to go back home. I'm quite confident that that won't happen, however.

 

[OhCanadiana]

There is not the slightest hint in the OP's description that there would be any reason at all for his wife to be declared inadmissible

Well, actually, if the officer isn't satisfied she would leave Canada, that would be sufficient grounds for the Officer to deem her inadmissible when she seeks entry. Per the manual on “Evaluating Inadmissibility,”

What to do if a temporary resident fails to establish to the officer's satisfaction that they are able to leave Canada? 
In such cases, an officer may be justified in forming an opinion that the person is inadmissible. If deemed warranted, the officer may also go to the extent of writing an A44(1) report using the A41(a) non-compliance allegation coupled with A20(1)(b). 
Since there is doubt as to whether the temporary resident will be in Canada temporarily, officers should make efforts to determine if there are any other factors that would warrant an inadmissibility opinion. For example, other aspects of the temporary resident's travel plans may be questionable enough to undermine the applicant's credibility. 
In conclusion, what an officer may consider sufficient documentary evidence may vary depending on the circumstances of the case. An officer acting in good faith is not restricted on what may be considered. 
Officers are expected to use good judgment in all cases.

Section 11.7, ENF 2 OP 18 Evaluating Inadmissibility

Even if you haven't quite sent the PR application by then, explain that you're about to send it and why there is a delay.

I believe the OP stated upfront the application has been submitted and they got spousal approval already too.

~ ~ ~ ~ ~

OP – as I have consistently and repeatedly said, I do NOT think it is likely that you will encounter issues, even without a return ticket (your original question). However, as I said upfront, I'd spend a few minutes reading up on TRPs on the off-chance that you do have issues so you have a backup plan ready and can explain clearly what you are seeking and the rationale for it.

After all, however small the probability is, if you are the person that has issues entering, it's a big deal for you.

 

[OhCanadiana]

Tada!:
http://web.archive.org/web/20140615000000*/http://www.cic.gc.ca/english/resources/manuals/op/op20-eng.pdf

Wow! Thank you, Ponga!

It has a much better description of early admission as a rationale to issue a TRP and I'm so glad you found a way to point people to it:

5.15. Early admission
The Minister's delegates may issue a permit to allow foreign nationals to enter Canada before
they satisfy the requirements for permanent residence. The officer must be certain this action is
essential.
The requirements are normally routine processing steps and may or may not be stated in the
Immigration and Refugee Protection Act. Examples include the completion of background checks
or a medical examination. They do not include the waiting period to apply for criminal
rehabilitation.
If an officer has any reason to believe that a foreign national could not meet all requirements for
permanent residence after completing all processing steps, early admission is not appropriate. If
the officer already knows that the foreign national is inadmissible for any reason, the officer
should not grant early admission.

OP-20, use link Ponga provided

Which is helpful combined with:

The following considerations and examples are not exhaustive, but illustrate the scope and spirit in which discretion to issue a TRP should be applied:
•	the reason for the person's presence in Canada and the factors that make their presence in Canada necessary (e.g., [b]family ties[/b], job qualifications, economic contribution, attendance at an event)

(bolding mine), http://www.cic.gc.ca/english/resources/tools/temp/permits/eligibility.asp

since "family ties” is one of the reasons a TRP may be issued (at the Officer's discretion).

 

[BeShoo]

I believe the OP stated upfront the application has been submitted and they got spousal approval already too.

~ ~ ~ ~ ~

OP – as I have consistently and repeatedly said, I do NOT think it is likely that you will encounter issues, even without a return ticket (your original question). However, as I said upfront, I'd spend a few minutes reading up on TRPs on the off-chance that you do have issues so you have a backup plan ready and can explain clearly what you are seeking and the rationale for it.

After all, however small the probability is, if you are the person that has issues entering, it's a big deal for you.

Yes, I suppose it doesn't hurt to know about it, as long as you don't stress out of over it, but I still think there's less than one chance in 10,000 that this would come into play in this situation.

Sorry for the mixup regarding application not being submitted. I answered two different people and got the cases mixed up a bit. Cleric515, I'm pretty sure you will need an extension, so I'd plan on it. While some U.S. applications were approved in less than 6 months over the last year, that doesn't seem to be happening lately. Someone on another thread was noticing that not one of the applications listed in a spreadsheet here in the last eight months has been listed as approved yet. It seems that the volume of applications has gone up recently (may be seasonal) and the time to approval has gone down. Once you have that extension paper, there's practically no chance at all of needing a TRP, barring the commission of a crime or something like that.