Looking for some clarification on Spousal Sponsorship (American/Canadian)

[Lemonsqueezy]

Hello all, I want to reach out here because all of my other search attempts for my specific questions have failed.

My husband is American and I am Canadian. He has been here in Canada with me since the ending of August 2016. He initially came for a visit but we ended up going for it and got married in October 2016. We still have not started the spousal application because I am waiting for my tax returns (I was a few years behind but have gotten it all straightened out). We can not start the process until I obviously have those documents, so we're kinda feeling stuck here since his six months is coming up in February.

My first question is: what happens when his six months "visitor" status is up and we still haven't sent in the spousal application? Is there some sort of extension we need to apply for? Is it okay if we are over the six months, as long as he isn't working? (I fully support him other than his savings) Or are they strict about that? Does the six months rule apply to Americans and Canadians if they are legally married?

Second question: We met up with a guy a couple months back who helps people with immigration papers etc...he told us that we could travel back and forth across the border whenever we wanted because we asked him once we start the application process here in Canada, is my husband stuck here until his papers are approved or can he/we travel to visit his family in the US? He told us that we could come and go as we please, that there aren't any type of restrictions in that regard between Canada and US immigration. I feel this is too good to be true. Can anyone enlighten me on this and advise if this is true or not, or if maybe part of it is true? We are married, living here in Canada, his six months "visitors" status is coming to an end and we cannot apply for spousal sponsorship at this time yet due to my tax returns taking a million years. We spent 5 years doing long distance, and we do NOT want to be separated again. We just want to know if we can travel back and forth or if there are any type of restrictions considering our situation.

Best course of action? Really the only info I could find was pertaining to Canadians and their over-seas spouses...I know between Canada and US there are different rules - perhaps not as stringent.

I appreciate any feedback.

 

[Landagirl]

For your second question, if you apply Outland then he can certainly go back and forth without issue. It doesn't matter if he is living in Canada or the US you can still apply Outland, which is usually quicker than Inland. Inland it s recommended to not leave Canada as you may be refused re entry at the border for whatever reason and you will have to start all over again.
Hope that helped a bit!

 

[canuck_in_uk]

Is there some sort of extension we need to apply for?

Is it okay if we are over the six months, as long as he isn't working? (I fully support him other than his savings) Or are they strict about that?

Does the six months rule apply to Americans and Canadians if they are legally married?

We just want to know if we can travel back and forth or if there are any type of restrictions considering our situation.

Hi

Yes, he needs to apply to extend his visitor status before his current status expires. I suggest you pay the $1040 PR fees and include the receipt to show you are serious about applying for PR.

No, it's not OK. If he doesn't extend his stay, he will be here illegally.

Of course it applies to Americans. Doesn't matter who they are married to.

Apply outland. He can cross the border while waiting for PR.

 

[CanadianZenGirl]

I must live at one of the crankier border crossings. They continually stress that, as an American, my husband must spend the majority of his time in the US, and if he fails to comply, the consequence is a one year ban from entering the country. They definitely would not take kindly to him coming and going whenever he pleased. For us, if he stayed for six months, they probably would not allow him to return until that period of time (with a couple of extra months thrown in for good measure) had passed.

 

[canuck_in_uk]

I must live at one of the crankier border crossings. They continually stress that, as an American, my husband must spend the majority of his time in the US, and if he fails to comply, the consequence is a one year ban from entering the country. They definitely would not take kindly to him coming and going whenever he pleased. For us, if he stayed for six months, they probably would not allow him to return until that period of time (with a couple of extra months thrown in for good measure) had passed.

It does vary but whether a person has applied for PR plays a big part. Once CBSA can see that the visitor has applied for PR and is following the proper course to legally live in Canada instead of trying to illegally live here as a visitor, they are generally pretty lenient.

 

[danawhitaker]

It does vary but whether a person has applied for PR plays a big part. Once CBSA can see that the visitor has applied for PR and is following the proper course to legally live in Canada instead of trying to illegally live here as a visitor, they are generally pretty lenient.

Unless you get the one border agent who basically asks why you haven't tried to illegally move already while your PR application is in process. That was fun.