Outland Spouse Sponsorship for US Citizen - Jan 2024

[Moev]

Hi Everyone,

I would like to ask for advice on what would be the best course of action in order to maximize our chances for the following scenario:
- I am a Canadian citizen that I've married an US citizen
- we are looking to live in Canada, hence my husband from US will be moving to Canada
- at the end of December 2023, my husband quit his job in US and made all necessary arrangements to move to Canada
- on December 30, 2023 my husband tried to enter Canada driving from US and was denied entry
- he stated at the border that he is coming to Canada to live with his wife (me)
- he was pulled to secondary and was told he didn't satisfy an officer that he will leave Canada at the end of the period authorized for stay
- he was given three forms listing the required documents (Marriage Certificate; IMM1344 submitted; RPRF receipt; Police Clearance, etc.) for the next time when he will try coming back to Canada

Our plan is as follows:
- file the Outland Spouse Sponsorship and PR Application (pay all fees, get the confirmation and registration #)
- once that is filed, my husband will try coming to Canada and have the requested supporting documentation to present to CBSA
- we will be filing the Open Work Permit application a.s.a.p.

My questions are:
- Has anyone been in a similar situation - what is the advice?
- Will he be allowed to come to Canada as a visitor (we want to respect the Canadian immigration laws and maintain legal status)
- are there any other suggestions?

Needless to say that we are in a difficult situation here. We also have leased an apartment, thinking that he could come and legally stay here, until the applications are processed and approved.
I understand now that we could have planned this better, however we are desperate and any advice will be greatly appreciated.

 

[rlg05]

I would contact a consultant. Daniel Hirschkorn does video/call consults for $100 and can help you get on the right track. Likely just handling it differently at the border will be okay, and having answers to all the questions they ask. We were in the same situation, and handled as we was a visitor. They were really kind. I would also recommend not crossing in Alberta, but in Saskatchewan, and not at a commercial crossing. They're reportedly the kindest in the country.

 

[KClaire]

I can share a bit of experience as a Canadian citizen who married an American citizen in September. We were in a long distance relationship prior and both went back and forth once a month for about a week at a time. However, we thoroughly researched our options throughout 2023 and spent several weeks/months preparing our outland application (submitted at the end of September). Since our marriage/submission, my spouse has entered Canada once via yyz in October. They are leaving next week.
Based on online research, we did a lot of prep before their visit to ensure that they were carrying documentation showing that they still have ties to the US. They carried a copy of title to their house, they had incorporation documents and service contracts for their ongoing business in the US, they had evidence of their enrollment in a US post-secondary institution (which is albeit an online program), etc. The only thing that they got asked was the duration/purpose of their visit (ie. to visit their partner) and for the vaccination records of their accompanying cat. They intend to come back in February, so we'll see if there is more scrutiny during that visit.

 

[SCcanuck]

We applied for an Outland Spouse Sponsorship in December 2022 and are currently awaiting completion of our processing (Quebec outland). My American wife has crossed into canada with me and my son since we submitted the application. didn't have any extra questions other than when we expect to return back to the US, In our case it was a week later. The biggest thing they are looking for is when the person intends to return back to US and not overstay their permitted time (Americans its 6 months). Having a reason to return to the US with a set date makes the process easier.

 

[armoured]

- at the end of December 2023, my husband quit his job in US and made all necessary arrangements to move to Canada
- on December 30, 2023 my husband tried to enter Canada driving from US and was denied entry
- he stated at the border that he is coming to Canada to live with his wife (me)

Sorry to say that this basically happened because you did not do your research. While not consistently applied (from the perspective of outsiders anyway), the basic concept is simple: show up at the border requesting entry as a visitor when you're clearly and explicitly planning on staying forever can get you rejected. (And when I say 'request entry as a visitor', I mean entry on/at border using the visa-waiver entry allowed to US citizens, terms of which are you entering as a visitor. By presenting without some other visa, you are requesting entry as a visitor.)

You could have/should have applied in advance or entered with plans to visit (which, you know, you can change your mind). Or travelled to Canada as more clearly a visitor and then applied.

(Yes, if he'd just shown up with a single suitcase at an airport he'd likely have been admitted without further questioning, and could have applied and stayed. But that boat has sailed)

Our plan is as follows:
- file the Outland Spouse Sponsorship and PR Application (pay all fees, get the confirmation and registration #)
- once that is filed, my husband will try coming to Canada and have the requested supporting documentation to present to CBSA
- we will be filing the Open Work Permit application a.s.a.p.

My questions are:
- Has anyone been in a similar situation - what is the advice?
- Will he be allowed to come to Canada as a visitor (we want to respect the Canadian immigration laws and maintain legal status)
- are there any other suggestions?

Needless to say that we are in a difficult situation here. We also have leased an apartment, thinking that he could come and legally stay here, until the applications are processed and approved.
I understand now that we could have planned this better, however we are desperate and any advice will be greatly appreciated.
[/QUOTE]

Your difficulty in changing the path of things is that he is likely now in the system with a flag that intends to stay. See the other comment about ways to show still has ties in USA - which will be more difficult in your case because the ties have already (largely) been cut.

I don't think he needs to hire an outside consultant / legal firm - although you can if you feel it would help getting the application in.

My opinion (there are different ways to handle this which are mostly going to depend on sequencing and timing):
-You (together) need to prepare and submit the application for spousal sponsorship. The entire package. You get the package here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/apply.html
-I don't fully grasp what package they gave you. Doesn't matter. Get your docs together. Police clearance is likely the longest to get, so apply for it now (if you've not already).
-I would guess that he will have difficulty being admitted before you submit this, which mostly means submitting as 'outland' (applicant not-in-Canada). But he could try if you wish, as 'inland' might be quicker (hard to say/perhaps not esp for US citizen).
-Whether he attempts to enter before the application is submitted or not, it will likely go easier if he (in some combination): arrives by plane; has copies of the submitted or prepared spousal app; does not come with all worldly belongings/travels 'light'; can show some ties with USA; makes sure to emphasize that he will respect terms of entry / return to USA as / when required.

A side note as the concept of 'dual intent' will come up: IRCC's rules and regs state that someone can't be refused because they have dual intent, eg to apply for PR status and also visit. What this really means is they can't use your intent to apply as a reason to refuse you. They can draw inference from this as long as that's not the only reason.

Personally I suggest NOT saying the words 'dual intent' because it sounds legalistic, like someone who has done research on the reasons they can't be guilty eg 'officer, I didn't have the mens rea you'd need to sustain a conviction'. Better to take a line more like "I'm here for a visit but if my PR came through more quickly than we expect it might save me a trip." "Yep, I'm here to prepare and help my spouse get settled but we need to get the app in and my affairs settled before we can make it permanent." Saying one would never overstay is fine. (One can extend one's visit, which is not overstaying).

I don't think emphasizing his intent to file OWP* soonest is going to help much (again, that emphasizes intent to stay without leaving). Similarly, he is going to have to find some way of ... shall we say, de-emphasizing what he said before about coming to live and putting the emphasis on 'the plan is to settle permanently but it's temporary until everything is in order.'

Now, one thing: generally I don't think the CBSA officers are overall trying to cause you problems (like with anything, some are jerks of course). But don't make it easy for them to do a refusal / make it easier for them to just let him in (than deal with extra work). They can have some sensitivities - for example, Americans showing up at the border with all their stuff and thinking they can move in permanently without any paperwork.

Good luck. It will work out in the end.

*My impression is that getting the OWP approved is generally taking longer than the PR approved and finalized, esp for applicants from visa waiver countries/NATO/USA-Aus-UK-NZ/EU.

 

[Moev]

Thank you very much for the detailed advice, this is so much appreciated!!

I have couple more questions please:
- when you are referring to Police Clearance, is this the US Background check that need to be requested from FBI providing fingerprints? If yes, this is part of the requirements listed on form IMM5533e - Part B Supporting Documents Required for Sponsored Persons - Police Certificates and Clearances. For USA, the instructions from canada.ca are listing the FBI (Identity History Summary Checks (Rap Sheets))
- I am in Toronto area, for border crossing from US when driving is there a better bet using a certain border crossing (like Peace Bridge crossing), known as being more understanding?

Again, thank you much in advance.

 

[armoured]

- when you are referring to Police Clearance, is this the US Background check that need to be requested from FBI providing fingerprints? If yes, this is part of the requirements listed on form IMM5533e - Part B Supporting Documents Required for Sponsored Persons - Police Certificates and Clearances. For USA, the instructions from canada.ca are listing the FBI (Identity History Summary Checks (Rap Sheets))

Basically yes, I"m referring to the 'rap sheet' (criminal history). I don't know details of what used coming form USA.

Biometrics (fingerprints) are distinct - in most countries they're done at a third-party servicing company, I don't know about USA. Just go by the instructions. Note that biometrics are usually done after being ordered/requested by IRCC (with biometric request letter coming 30-90 days after applying for sponsorship), but it may be different in USA. See instructions.

- I am in Toronto area, for border crossing from US when driving is there a better bet using a certain border crossing (like Peace Bridge crossing), known as being more understanding?

Not that I'm aware of. My impression is less pikcy about this at airports (because if they send you back, the airline has to remove you, and so - paperwork). But I think getting your own ducks in a row is more important than point of entry.

 

[Ponga]

Hi Everyone,

I would like to ask for advice on what would be the best course of action in order to maximize our chances for the following scenario:
- I am a Canadian citizen that I've married an US citizen
- we are looking to live in Canada, hence my husband from US will be moving to Canada
- at the end of December 2023, my husband quit his job in US and made all necessary arrangements to move to Canada
- on December 30, 2023 my husband tried to enter Canada driving from US and was denied entry
- he stated at the border that he is coming to Canada to live with his wife (me)
- he was pulled to secondary and was told he didn't satisfy an officer that he will leave Canada at the end of the period authorized for stay
- he was given three forms listing the required documents (Marriage Certificate; IMM1344 submitted; RPRF receipt; Police Clearance, etc.) for the next time when he will try coming back to Canada

Our plan is as follows:
- file the Outland Spouse Sponsorship and PR Application (pay all fees, get the confirmation and registration #)
- once that is filed, my husband will try coming to Canada and have the requested supporting documentation to present to CBSA
- we will be filing the Open Work Permit application a.s.a.p.

My questions are:
- Has anyone been in a similar situation - what is the advice?
- Will he be allowed to come to Canada as a visitor (we want to respect the Canadian immigration laws and maintain legal status)
- are there any other suggestions?

Needless to say that we are in a difficult situation here. We also have leased an apartment, thinking that he could come and legally stay here, until the applications are processed and approved.
I understand now that we could have planned this better, however we are desperate and any advice will be greatly appreciated.

I will just add to the excellent posts that have already been, well...posted, that your husband should be prepared to show strong ties to his home in the U.S. if questioned by CBSA. Showing that he fully understands the rules (now) would be a good thing.

As an aside, this forum was created shortly after the 2016 U.S. Presidential election, when this website crashed:
https://www.canadavisa.com/canada-immigration-discussion-board/#moving-to-canada-from-the-u-s.31

Your husband is not the first to think that moving to Canada is as easy as showing up at the border.

 

[armoured]

I will just add to the excellent posts that have already been, well...posted,

Fine wording with the words that ))

 

[Ponga]

Fine wording with the words that ))

?

 

[armoured]

?

Never mind, small joke

 

[Ponga]

Never mind, small joke

As in needing the James Webb telescope to see? LOL!

 

[armoured]

As in needing the James Webb telescope to see? LOL!

If you mean 'far over your head', then yes ))

 

[Ponga]

If you mean 'far over your head', then yes ))

There's a word for people like you.

Does it matter `that' the first use of the word is followed by a verb, whereas the second use is followed by an adjective? LOL!

 

[Moev]

Hi Everyone,

I wanted to post an update for our case:

Short story:
- My husband was able to cross the border, driving to Canada on Jan 31, 2024.
- The Officer at Peace Bridge was very cool and professional. He asked a few questions and didn't send my husband to secondary inspection.

Long story:
- First I want to express again my gratitude to the forum members that helped with this matter; especially to Armoured for the time spent explaining in great detail our options and giving excellent advice.
- We have prepared all the required documents, filed the Outland Spousal Sponsorship application and ensured that we have a folder with required documents (and more), clearly organized, to present to CBSA.
- My husband drove to Canada and used the Peace Bridge crossing. It was not busy at all and the border control agent was relaxed, asked the usual questions, emphasizing on the question "are you going back to US".
- They didn't search the vehicle, and, in no time my husband, was driving towards his new Canadian home!!!

Now we are waiting for the AOR. Based on the PR Tracker spreadsheet it looks that it takes between 35 and 50 days to receive the 1st AOR. Then, we will apply for Work Permit, follow the required steps for PR and move on with our lives.

Best regards and good luck everyone!!