Question about Dual Intent

[lunacie]

I'm family class (spouse) immigrant from the US with a Canadian citizen wife. Our immigration application is in the early stages (i.e. we've received a UIC & application number, but not approved yet). We are entering Canada somewhere around June 3rd, which is very likely before approval, so I'm assuming I have to declare dual intent as entering visitor with pending PR application.

My question is what is the best way for me to approach this - I'm traveling with my wife who is clearly moving back to Vancouver (she'll be dealing with customs when our belongings arrive, and we'll also have some in the car with us), and I understand that I'm only technically in-country as a visitor on a limited time basis, so how do I effectively communicate that when crossing the border?

thanks!

 

[Ponga]

No, you do not declare Dual Intent...you simply must be aware of what it is and how best to prepare yourself for any questions if asked by the CBSA officer who will assess you at the land border.

You should carry proof that you have submitted a sponsorship application, along with things like proof of ties back `home', such as housing, employment, banking info., etc., if asked.

It's very common for a person to seek entry into Canada to wait for the processing of the application to complete, but it's important to know that CBSA wants to see that you understand that if your application is denied, you will leave Canada voluntarily and in a timely manner.


Good luck!

 

[Ponga]

Oh...if you have personal items in the car that would not be conducive for someone that is `visiting' Canada, that could be a problem.

 

[lunacie]

The car will be mostly luggage, camping gear, our two dogs, two laptops and a desktop computer. that's about it.

It's more than that though - my wife will have to give them the form that inventories all her (our) personal belongings that will arrive by truck several days after she does. It's quite clear that at least she is moving to Canada, and I think it would be easy for a customs officer to infer, that as her husband, I look like I'm moving, too. I have bank accounts (personal and business) in the US, and can show an address, but not a lease or title.

 

[Ponga]

The dichotomy, is that until you have landed as a PR of Canada, you cannot `move' anything into Canada. When you receive your COPR document, you will need to complete a B4 form and/or a B4-Goods to Follow form, to import your belongings into Canada. Since your items will [hopefully] already be IN Canada, I'm not quite sure how that works.

It's good that your personal vehicle will not be packed with a bunch of your belongings, but be advised that CBSA can, and often does, go through electronic devices (phones, computers, tablets, etc.) if you are sent to Secondary Inspection...which you probably will be. It's nothing to worry about, but it can be daunting, especially if you get an overly zealous officer.

 

[lunacie]

Which all makes perfect imperfect sense. I think perhaps the smartest thing is for us to store all our things on the US side of the border (very close to Van anyway), and wait until my COPR is complete. We already have the B4 form and B4-Goods to Follow, but it just seems like there's not a good way to explain why a married couple of 9 years would only be moving the wife (citizen) belongings... if I were a border officer I would be suspicious at the very least.

 

[cheng9999]

Which all makes perfect imperfect sense. I think perhaps the smartest thing is for us to store all our things on the US side of the border (very close to Van anyway), and wait until my COPR is complete. We already have the B4 form and B4-Goods to Follow, but it just seems like there's not a good way to explain why a married couple of 9 years would only be moving the wife (citizen) belongings... if I were a border officer I would be suspicious at the very least.

If you still have a job back home or some other ties, it'll be easy to explain. You are just going in temporarily. But reading from context, I believe you do not have a job in the US anymore.

Your wife is moving things back first to settle in in preparation of final reunion...it makes sense. She is going back first to settle a whole bunch of things now instead of later...maybe start finding a job, getting a place to stay, etc. You are accompanying her to help her as the strongman laborer to do the heavy lifting, and will go back to the US in 2 months (or whatever time you say you will return before typical 6 month maximum duration). You should have a place to return to in your original country before you become a PR as you are a visitor. Say you still have commitments in the US which you will need to return to. If your plans change and you stay more than 6 months (remember to extend your visitor status), so be it...plans are plans, and they change. But when entering as a visitor, you should have a convincing reason that you will return to the US while you are still on visitor status.

You may not get asked, but if you are asked about how long your stay will be, and do not have proof to show significant ties to your current home country, you could get into trouble.

As a returning Canadian, your wife can bring goods in this time. When you become PR, you can bring in your stuff.

If you do plan to store your stuff in the US, then it would be easier if both you and your wife enter as visitors, say you are doing a familiarization trip to scout the area for apartments, etc. and leave in a few weeks. Again, plans are plans, and they change due to different circumstances. There is no formal mechanism to become resident again, and happens naturally when she applies for medical, files the first taxes. Except perhaps the goods to follow which she would not declare at this entry as she is not a "returning resident". This would be resolved when you come in as a PR and bring all the goods in as your own.

 

[Ponga]

I highly recommend Pantec Mini Storage in Blaine, WA.

 

[canadianwoman]

Your wife could also go ahead with the dogs and other household items. She is allowed to move back to Canada. Then you could come visit her - though I would not cross the border the same day, since they might wonder why you aren't crossing together. Wait a week, cross over, have proof of the application with you, have proof of ties to the USA, and be clear that you are just visiting.