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aliqui

Newbie
Feb 26, 2015
2
0
My husband (a Canadian born citizen) is sponsoring me (his wife of 5 years) to move to a home already established in Canada. We both currently reside in the US. Our plan was to move in late April, but our sponsorship application won't be fully processed by then according to current wait times. I know I can visit with my passport for up to 6 months, but what do you tell the guys at the border? I don't want to lie, obviously. Will they allow me to cross if I tell them that I'm coming across as a visitor with the intent of becoming a permanent resident and that my application is being processed? I would present copies of the completed application packet as proof. I saw something when I first started getting my application ready saying something had changed in December 2014 that would allow us to move prior to official status, but I can't find it again to be sure that I'm correct. I emailed the LA office, and they just sent me a generic FAQ response.

Any help would be greatly appreciated. Thank you.
 
aliqui said:
My husband (a Canadian born citizen) is sponsoring me (his wife of 5 years) to move to a home already established in Canada. We both currently reside in the US. Our plan was to move in late April, but our sponsorship application won't be fully processed by then according to current wait times. I know I can visit with my passport for up to 6 months, but what do you tell the guys at the border? I don't want to lie, obviously. Will they allow me to cross if I tell them that I'm coming across as a visitor with the intent of becoming a permanent resident and that my application is being processed? I would present copies of the completed application packet as proof. I saw something when I first started getting my application ready saying something had changed in December 2014 that would allow us to move prior to official status, but I can't find it again to be sure that I'm correct. I emailed the LA office, and they just sent me a generic FAQ response.

Any help would be greatly appreciated. Thank you.

I believe the Dec 2014 changes are for inland applicants only so they wouldn't apply to you (assuming Ottawa/LA is handling your application).

The key is to be honest and show that you know the rules and intend to abide by them. In other words, maintain the tone in your post.

Several people have reported success crossing the border together and having the Canadian spouse explain the situation. As you mention, having a copy of the application (including proof of payment and shipment) has helped. If your status shows up on e-cas, then the Officers should see your application in the system as well (you could always take a print-out too or your sponsor approval if you have it yet). Sometimes Officers even offer a visitor's record so that you have a year-long entry upfront (if you don't get one, don't worry ... you can always extend your visit later).

Others have reported success crossing the border separately, with the foreign spouse traveling to visit the Canadian family.

The part you may need to plan carefully is moving your goods (if you are moving things, since your home is already established in Canada).
 
aliqui said:
I don't want to lie, obviously. Will they allow me to cross if I tell them that I'm coming across as a visitor with the intent of becoming a permanent resident and that my application is being processed? I would present copies of the completed application packet as proof. I saw something when I first started getting my application ready saying something had changed in December 2014 that would allow us to move prior to official status, but I can't find it again to be sure that I'm correct.

This is a very common scenario and many have done the same thing. You are coming to visit your spouse while your PR app processes. Just carry the PR app fee receipt or the sponsor approval letter; there is no need to have a copy of the completed app. Don't carry more than a few bags, as a normal visitor would bring. If you show up with more than that, there is a very good chance of being knocked back at the border.

Nothing has changed that allows you to move to Canada prior to becoming a PR. The December change allows inland applicants to obtain a work permit while waiting for PR; this has no bearing on you, as you applied outland.
 
Thank you both for your responses. It's nice to have some resolution on this mysterious "December 2014" thing that I was thinking of.

I think the "moving of goods" paired with my crossing the border is a big source of my concern. My husband and I plan to cross the border together in our car. We will have very minimal belongings with us. In the car with us will be a few clothing items, our cat, and likely our computers. However, we are shipping everything else we own via some sort of small Cube product at nearly the same time. We're supposed to bring a list of these items with us when we cross. Given that we are declaring all our worldly belongings at the time, can I say that I'm staying as a visitor with a spousal PR application in process? It seems logical that they would allow this... "technically". I have a clean FBI record, clean bill of health, valuable education, and have been married to a born Canadian for 5 years. I really am one of those "duh" cases.

It almost seems like one of those situations where someone could manipulate/hide events and fib a little without consequence, yet if we're honest, we could be "knocked back at the border"; one of those "good guys get punished" and "bad guys win" situations.

I'm terrified that they will turn us away after I've quit my job, abandoned our apartment, and we've just driven 2,500 miles with our poor kitty. Is there a way to make direct contact with border officials at our port of entry to get advice? I'm really starting to worry.
 
aliqui said:
Thank you both for your responses. It's nice to have some resolution on this mysterious "December 2014" thing that I was thinking of.

I think the "moving of goods" paired with my crossing the border is a big source of my concern. My husband and I plan to cross the border together in our car. We will have very minimal belongings with us. In the car with us will be a few clothing items, our cat, and likely our computers. However, we are shipping everything else we own via some sort of small Cube product at nearly the same time. We're supposed to bring a list of these items with us when we cross. Given that we are declaring all our worldly belongings at the time, can I say that I'm staying as a visitor with a spousal PR application in process? It seems logical that they would allow this... "technically". I have a clean FBI record, clean bill of health, valuable education, and have been married to a born Canadian for 5 years. I really am one of those "duh" cases.

It almost seems like one of those situations where someone could manipulate/hide events and fib a little without consequence, yet if we're honest, we could be "knocked back at the border"; one of those "good guys get punished" and "bad guys win" situations.

I'm terrified that they will turn us away after I've quit my job, abandoned our apartment, and we've just driven 2,500 miles with our poor kitty. Is there a way to make direct contact with border officials at our port of entry to get advice? I'm really starting to worry.

I hate to say it, but I would worry too. You can say you're visiting, but they have a bunch of questions that if you answer honestly will paint a different picture. A lot of people do it just fine, but you are running a big risk.
 
It's quite possible you may run into duty/tax issues bringing your belongings into the country since you can import them tax/duty free until you actually have PR status. Any chance your husband can drive across in the car alone with all of that stuff (including the cat) and also declare the shipping container as his? And then you follow separately?