From close to Montreal, spousal sponsorship questions.

[Madchops82]

Hi, I’m from a small town close to Montreal Quebec in NY state. I’ve been a visitor, spending most of my time in Montreal for the past 5 years. 3 years ago, I met someone, and we’ve gotten married in Quebec. I do online sales (eBay), and have to travel back to Plattsburgh every 3 months or so, for a day or two, and my family lives in NY, though I don’t see them as often as I like, because I feel like I’ve been operating in a visitor status Grey area, as I spend most of my time in Canada.

For the past year or so, I’ve been crossing the Canadian border with my spouse, and things seemed to be ok. I planned to work on my immigration status, and marriage was a big step for me, though not seen in the eyes of the border officer this day.

Yesterday, we were questioned pretty hard, and a red flag was put on my name, for further questioning, when I enter Canada. I do not work there illegally, so, I thought, because I go home several times a year, but spend 90% of my time in Canada, it would be ok, as it has been in the past.

So, he has allowed me entry, and we are going back to NY for Xmas time, and then back. He said I have to start working on my things the right way, and I’m wondering where to start. I get very confused by the legal jargon, and I’m wondering if I should get a lawyer (I’m not a wealthy man, but I could perhaps afford one, but don’t want to waste my $, if I can simply be a bit more proactive, and do this all in Canada.

I would prefer not to spend much time in the US, because of its lack of culture etc, in such a small town, and my love is here (fiancé, music, etc)

I’m very afraid of being turned away at the border, and yesterday was perhaps close, as my fate lies within the discretion of one officer.

I’m wondering my best course of action to prove I’ve made some headway, for the next time I cross, as I’ve been flagged, and I believe this is what they will ask of me.

I thank you all in advance, and if anyone is a consultant, or can help personally, I would be glad to reciprocate in any way I can.

 

[canuck_in_uk]

Hi, I’m from a small town close to Montreal Quebec in NY state. I’ve been a visitor, spending most of my time in Montreal for the past 5 years. 3 years ago, I met someone, and we’ve gotten married in Quebec. I do online sales (eBay), and have to travel back to Plattsburgh every 3 months or so, for a day or two, and my family lives in NY, though I don’t see them as often as I like, because I feel like I’ve been operating in a visitor status Grey area, as I spend most of my time in Canada.

For the past year or so, I’ve been crossing the Canadian border with my spouse, and things seemed to be ok. I planned to work on my immigration status, and marriage was a big step for me, though not seen in the eyes of the border officer this day.

Yesterday, we were questioned pretty hard, and a red flag was put on my name, for further questioning, when I enter Canada. I do not work there illegally, so, I thought, because I go home several times a year, but spend 90% of my time in Canada, it would be ok, as it has been in the past.

So, he has allowed me entry, and we are going back to NY for Xmas time, and then back. He said I have to start working on my things the right way, and I’m wondering where to start. I get very confused by the legal jargon, and I’m wondering if I should get a lawyer (I’m not a wealthy man, but I could perhaps afford one, but don’t want to waste my $, if I can simply be a bit more proactive, and do this all in Canada.

I would prefer not to spend much time in the US, because of its lack of culture etc, in such a small town, and my love is here (fiancé, music, etc)

I’m very afraid of being turned away at the border, and yesterday was perhaps close, as my fate lies within the discretion of one officer.

I’m wondering my best course of action to prove I’ve made some headway, for the next time I cross, as I’ve been flagged, and I believe this is what they will ask of me.

I thank you all in advance, and if anyone is a consultant, or can help personally, I would be glad to reciprocate in any way I can.

You are living in Canada as a visitor, which is a big no-no for CBSA. You are extremely lucky that they did not refuse you entry and hit you with a 1 year Exclusion Order.

You need to apply for spousal sponsorship. I suggest you remain in Canada. If you leave, you face a much higher chance of refusal and an Exclusion Order.

 

[Madchops82]

We’re working on it here, and it’s quite complicated.

We have to go back to see my mother, who is sick in NY for Christmas.

Is there anything I can do to make sure my p’s and q’s are in order for when I cross again, on right before Christmas (Canadian border)

I figure even the smallest amount of work could help, I guess I’m just wondering anything specific, printed. I know one officer differs from the other, and it is my intent to follow their rules, though I’d like to be able to spend time with my wife.

 

[canuck_in_uk]

We’re working on it here, and it’s quite complicated.

We have to go back to see my mother, who is sick in NY for Christmas.

Is there anything I can do to make sure my p’s and q’s are in order for when I cross again, on right before Christmas (Canadian border)

I figure even the smallest amount of work could help, I guess I’m just wondering anything specific, printed. I know one officer differs from the other, and it is my intent to follow their rules, though I’d like to be able to spend time with my wife.

Get the sponsorship app submitted.

Without any proof of ties to the US, i.e. a job, property, lease etc., you are taking a big risk leaving.

 

[Madchops82]

Get the sponsorship app submitted.

Without any proof of ties to the US, i.e. a job, property, lease etc., you are taking a big risk leaving.

Hi, and thanks so much for replying. My proof of ties is my sick mother, my father, and my internet work, which consists of shipping goods out, sold on the net. Do you think this is sufficient? My previous travel back and forth, and the face my hometown is an hour away should be proof I’m not trying to stay in the country. Thanks again for your help.

 

[scylla]

Hi, and thanks so much for replying. My proof of ties is my sick mother, my father, and my internet work, which consists of shipping goods out, sold on the net. Do you think this is sufficient? My previous travel back and forth, and the face my hometown is an hour away should be proof I’m not trying to stay in the country. Thanks again for your help.

Here's the hard message. These ties are pretty meaningless. You've effectively been living in Canada for the last several years as a visitor which you are not allowed to do. Your own behaviour (returning for a few days every three months) demonstrates you have no real ties and are abusing your visitor priviledges. You're extremely lucky you got away with this behaviour for so long and you want to be super careful that you don't end up with an exclusion order.

Take the warnings from CBSA very seriously and get the spousal sponsorship application in asap. If you want to be able to leave Canada, you need to apply outland spousal sponsorship. If you leave at some point, be aware that you may have issues re-entering unless you can demonstrate real and strong ties (e.g. full time employment in the US, property ownership / rental, etc.). Make sure you have a plan B in the event you are ever told you cannot re-enter Canada and have to remain in the US for a while (i.e. number of months). If that isn't something you're willing to consider - forget about leaving Canada. Submit an inland spousal sponsorship application asap and remain in Canada without leaving until the application process is complete.

 

[Madchops82]

Here's the hard message. These ties are pretty meaningless. You've effectively been living in Canada for the last several years as a visitor which you are not allowed to do. Your own behaviour (returning for a few days every three months) demonstrates you have no real ties and are abusing your visitor priviledges. You're extremely lucky you got away with this behaviour for so long and you want to be super careful that you don't end up with an exclusion order.

Take the warnings from CBSA very seriously and get the spousal sponsorship application in asap. If you want to be able to leave Canada, you need to apply outland spousal sponsorship. If you leave at some point, be aware that you may have issues re-entering unless you can demonstrate real and strong ties (e.g. full time employment in the US, property ownership / rental, etc.). Make sure you have a plan B in the event you are ever told you cannot re-enter Canada and have to remain in the US for a while (i.e. number of months). If that isn't something you're willing to consider - forget about leaving Canada. Submit an inland spousal sponsorship application asap and remain in Canada without leaving until the application process is complete.

Ok, this is good advice. My mother is very ill (given a year to live, a year ago, so I have to see her), so, you’re saying, after I submit my application for immigration, I’m going to want to submit an inland application to leave, and come back. My hometown is 60 miles away, where I travel to, and I certainly have ties there (my living/work allows for this time in canada, and I absolutely have to go back for work, to make $ to live, even if it’s only a few days, a few thousand US dollars goes a long way when converted. How long does it take to get this application in, and is it possible to do this with the resources I have here? Do I need my physical birth certificate? It’s in NY. I believe I could get it here, via my father, and perhaps my criminal record, which I believe is zero, as they checked me pretty hard at customs.


I’m very stressed about this for various reasons. Ie. There’s nothing to do in Plattsburgh, and I worry external forces will tear my wife and I apart, as we’re talking about making a family, andnits really sad to me to consider losing this. Thank you again.

 

[scylla]

Ok, this is good advice. My mother is very ill (given a year to live, a year ago, so I have to see her), so, you’re saying, after I submit my application for immigration, I’m going to want to submit an inland application to leave, and come back. My hometown is 60 miles away, where I travel to, and I certainly have ties there (my living/work allows for this time in canada, and I absolutely have to go back for work, to make $ to live, even if it’s only a few days, a few thousand US dollars goes a long way when converted. How long does it take to get this application in, and is it possible to do this with the resources I have here? Do I need my physical birth certificate? It’s in NY. I believe I could get it here, via my father, and perhaps my criminal record, which I believe is zero, as they checked me pretty hard at customs.


I’m very stressed about this for various reasons. Ie. There’s nothing to do in Plattsburgh, and I worry external forces will tear my wife and I apart, as we’re talking about making a family, andnits really sad to me to consider losing this. Thank you again.

No.

If you want to be able to leave Canada - you should submit an outland application (not inland). You should only apply inland if you are going to remain in Canada and not leave at all.

The reason why you want to apply outland, is if you leave and are not allowed back into Canada (i.e are refused entry) - the outland application will still be processed. If you apply inland and then aren't allowed back into Canada, this will cancel the application.

There is nothing you can do to guaranteed that you will be allowed back into Canada. If you leave, there is always a risk you may not be allowed back in.

Instructions on how to sponsor are in the link below. It take take anywhere from a few days to a few months depending on how much you have prepared so far.

https://www.cic.gc.ca/english/information/applications/spouse.asp

 

[Madchops82]

No.

If you want to be able to leave Canada - you should submit an outland application (not inland). You should only apply inland if you are going to remain in Canada and not leave at all.

The reason why you want to apply outland, is if you leave and are not allowed back into Canada (i.e are refused entry) - the outland application will still be processed. If you apply inland and then aren't allowed back into Canada, this will cancel the application.

There is nothing you can do to guaranteed that you will be allowed back into Canada. If you leave, there is always a risk you may not be allowed back in.

Instructions on how to sponsor are in the link below. It take take anywhere from a few days to a few months depending on how much you have prepared so far.

https://www.cic.gc.ca/english/information/applications/spouse.asp

Do you advise I get a lawyer? I have 2 weeks before we go to see my family in NY. Thanks you all again.

 

[canuck_in_uk]

Do you advise I get a lawyer? I have 2 weeks before we go to see my family in NY. Thanks you all again.

A lawyer can't do anything for you. Get the outland app submitted ASAP and be prepared for the definite possibility of being refused entry to Canada and having to wait out the PR process in the US.

 

[Madchops82]

A lawyer can't do anything for you. Get the outland app submitted ASAP and be prepared for the definite possibility of being refused entry to Canada and having to wait out the PR process in the US.

Is there anything I can do to stack the deck in my favor? The hard guy at the border basically told me to get my p’s and q’s together, and probably did a write up about me (us) having to show some form of this , ie, getting these in order. And I will be showing up with a Manila envelope full of receipts and what we’ve done. We will have these applications in, and attempting to return to Quebec around Xmas eve, and it would take a helluva person to turn me back, since we do spend most all our time togetber, and I help out with bills. I mean, that person would be royally %#^*ing us, and would be quite terrible. Even getting married was a big step for us, and this could potentially rip us apart.

Is this something they (who have the power in their hands to do), often use their hand of god to do?

 

[Madchops82]

A lawyer can't do anything for you. Get the outland app submitted ASAP and be prepared for the definite possibility of being refused entry to Canada and having to wait out the PR process in the US.

Is there anything I can do to stack the deck in my favor? The hard guy at the border basically told me to get my p’s and q’s together, and probably did a write up about me (us) having to show some form of this , ie, getting these in order. And I will be showing up with a Manila envelope full of receipts and what we’ve done. We will have these applications in, and attempting to return to Quebec around Xmas eve, and it would take a helluva person to turn me back, since we do spend most all our time togetber, and I help out with bills. I mean, that person would be royally %#^*ing us, and would be quite terrible. Even getting married was a big step for us, and this could potentially rip us apart.

Is this something they (who have the power in their hands to do), often use their hand of god to do?

 

[canuck_in_uk]

Is there anything I can do to stack the deck in my favor? The hard guy at the border basically told me to get my p’s and q’s together, and probably did a write up about me (us) having to show some form of this , ie, getting these in order. And I will be showing up with a Manila envelope full of receipts and what we’ve done. We will have these applications in, and attempting to return to Quebec around Xmas eve, and it would take a helluva person to turn me back, since we do spend most all our time togetber, and I help out with bills. I mean, that person would be royally %#^*ing us, and would be quite terrible. Even getting married was a big step for us, and this could potentially rip us apart.

Is this something they (who have the power in their hands to do), often use their hand of god to do?

No, there isn't really anything you can do to stack the deck.

No one would be "royally %#^*ing" you. They would be enforcing Canadian immigration law. You really need to understand that this situation is entirely on you. You have been living in Canada as a visitor for years without the actual right to live here. You should have sorted out your status a long time ago. As already said, you are EXTREMELY fortunate that you haven't been refused entry and hit with a 1 year Exclusion Order.

 

[Madchops82]

If worst case scenario, I saw this. My mother is very ill. Perhaps this is an example for urgent processing? I hate to use it, though seeing her is important. What a catch 22 they provide!!

https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/apply-renew-replace/urgent.html

 

[Madchops82]

Ok, I’m understanding now. I always thought there was a grey area, as I always had to return to the US for work and family. The border official basically pulled us in, after I said we were married. He wasn’t too happy when he’d seen I didn’t make any strides for living there legally, since I got married (in Canada) 3.5 mos. ago, though that is the modus operendi, for us to be and build a life together.

I’m rather scared that the red flag will do it’s worst, though I’d hope, given the circumstances, a more clear stay/go time can be made, until the verdict is in on my PR.

Also, I saw that PR can be expedited if there is a serious illness in the family.

It’s funny, one reason I don’t like to cross so much, is because I’m utterly afraid of the border, especially in this era we live in. I don’t commit any crimes, and am relatively clean on my rap sheet. I would like to see my mother more often (she’s 73, and very ill), but I’ve been so afraid to cross. It’s quite the pickle.

The border guard hinted that he, or I should be making progress on the PR, and I intend to show up with a Manila envelope of our situation and progress when I cross next. We had a semi elaborate wedding, and perhaps it would be appropriate to bring photos within this envelope. I know I’m overthinking, but I’d like to do things right from here on in, and not be afraid anymore. I hope to convey this, and hope for some compassion around the holidays. I know how I’d feel if I lost my relationship, with an ailing mother, and it isn’t good. I’d like to do the right thing here, though these false walls put up because of wars that happened 250 is a reality I have to deal with.

I appreciate all the responses given, and I suppose I can only hope.