I need some advice about dual intent into Canada.

[immisdif]

So long story short.. my husband and I got married a year ago. I've been mostly staying with him in the US, only going back to Canada when legally required to do so. We were going to do the immigration thing to the US, but as of recently we decided to do the Canada thing instead. My last visit into the US will have to be my last one for a while because they flagged me and told me I am spending too much time here (which I knew was going to happen sooner or later). The problem is this... 80% of my belongings are in the US. Whether I brought them with me from my several trips, or I bought them here (furniture..etc), they need to come back with me to Canada or I will have very little.

So we were planning on driving across the border next month (I am still in the US) and my husband is coming with me. But as I said most my stuff is in the US and it needs to come with me. So we're going to be together in a truck, crossing the border. He is going to be on a leave of absence at his work so he will still have a job just in case he gets denied PR, plus he will have an apartment in the US for another two months just in case he gets denied at the border. He will also have his background check with him and we'll have the forms filled out to show we are serious about doing everything legally.

Now, I know that they give trouble with the whole dual intent thing, but as long as there is good enough proof that he will still leave Canada if he's denied PR, it should be okay. But that's the thing... with a truck load of things, that is going to be very hard, isn't it? What should we do? Keep in mind that we want to do this legally, just as my stay in the US has been legal.

 

[Baloo]

I assume you are the Canadian Citizen. Where are you moving to in Canada, your old place or somewhere else?
Is it miles from the border?

First thing, make sure that the "stuff" you bring cannot be viewed as your husbands "stuff".
That will be a big pile of pain. As a visitor he must visit, not move.

Dual intent is allowed, it's not a bad thing Like you said, all the "stuff" may raise some flags.

 

[MandiF]

I'm a bit confused about why you decided to apply inland instead of Outland. If you have no problems with your application and provide enough evidence your husband's outland application can go through in as little as 3 or 4 months, whereas if you apply inland it will take about 18 months. I would suggest unless there is a very good reason that you apply outland for the short time period - you are aware that you husband can still be in Canada and apply outland aren't you?

From other people's experience I understand that if you husband is bringing his stuff also over into Canada there will be problems at the border. The easiest way to get around this to for you to drive through with all the stuff and him to come over separately. As if the IO sees that you are married and there is a big truck full of items coming through, it will 'look' as if he will not return to the US, which is grounds for not getting a TRV.

 

[immisdif]

Yes, I am a Canadian citizen and we are going to be residing with my parents temporarily. The main reason (which in hindsight may be a stupid reason now) that we didn't apply from outside Canada was because since he lives in Louisiana, there aren't any medical practitioners within driving distance of him. We were just gonna go to Ontario, where I live, and he was going to get an exam there. Another reason, though, is because we just decided this in August and that's when he sent out for his background check and since it hasn't come in yet, we're gonna have to wait even longer. We've been together for five years and we just want to be together without spending months at a time apart.

 

[MandiF]

Just to let you know, that he can still have his medical in Canada and apply outland, so all he has to do in Ontario is make sure he takes to the medical practicioner the form for Outland applications and make sure you put that you want it to go to Buffalo and that's fine. Also, whether or not you are waiting for background checks for Inland or Outland it doesn't really make a difference, and if there is no problems with him being in Canada and getting the normal 6 month visitor visa, then your application should be completed before his first visitor visa expires and if not you are able to extend it, like you would need to for an Inland application.

I'd think long and hard about this, as you would just be adding about another 12 months at least onto the application by going Inland and would have no right of appeal if you were rejected. Have a look at the monthly threads and see how long it has taken most people applying Outland in US to get it.

 

[immisdif]

Applying from within using the Outside form is a great idea that I have definitely considered. But the problem still remains that I am going across the border with a truck load of stuff with my husband driving it! I don't know what to do in this case. I'm just afraid I'll have to choose between getting my stuff across, or my husband =P

 

[MandiF]

You should cross by yourself and get him to cross separately.

 

[canadianwoman]

You should cross by yourself and get him to cross separately.

I agree. At least don't have him crossing with a truckload of belongings. You can bring your own things back to Canada with no problem, though.
With the documentation you have and the proof he still has a job and an apartment, he may very well not have any trouble entering Canada with you and your belongings, but to be perfectly safe I'd have him enter later on his own to visit.

 

[immisdif]

Just in case someone is under similar circumstances, I'm going to post my experience with this.

We decided to cross the border honestly with a truck full of our stuff. I suppose we got lucky because they were very nice and understanding about everything. The gentleman at the border asked us the basic questions then told us we need to go into the custom and immigration office just because he can't give us the permission to cross with my husband's intent to immigrate. So we went into the office and again we were asked the basic questions as well as if we had knowledge on how to immigrate. There were no accusations, they didn't even care to look in the truck, and they even wished us good luck on everything. We had all of our belongings listed with their value, ready to declare but they didn't even charge us taxes or duties.

We left within 20 minutes of arriving at the border with a visitor's visa valid for 6 months. They said to either apply to extend it for $150, or just drive into the US and back into Canada again and show them proof we have applied for his PR and they will extend his stay for another 6 months for free.

 

[kourts]

I'm just wondering how the visitor thing works, I'm a US citizen applying outland and my wife is a Canadian citizen. She plans on visiting me here while the application is being processed,do we tell them at the border so they can give us the 6 month visitor visa? and if the app is still being processed after 6 months do we apply for an extension before the 6 months is up and she can stay longer?

 

[jayde]

The visitor visa they are talking about is so that the sponsored spouse can stay in Canada for six months... I'm not sure how it works in the States. So if you wanted to come and visit your wife in Canada while your application is being processed, this scenario would apply to you. I don't know if it's the same the other way around for her to visit you.