Questions about applying inland

[bjcm]

Hello everyone! I have a pretty good understanding of how it would work going the outland application route but have some questions about the inland route.

My situation:
- I'm a US citizen
- My wife is a Canadian citizen (born in Canada) and is a US PR
- We've been married and living in the US for the last 8 years
- We have a 19-month-old son (US citizen) and a baby on the way who would be born in the US before leaving
- I make $70,000 a year; my wife is a stay-at-home mom (no income)
- Her parents are willing to let us live at their place in Canada till we get our footing

Here are my questions:
1) When entering Canada together as a family with the intent to apply inland for family class sponsorship, do we tell the Canadian customers officer that's our plan when we enter? I want to be up front about everything because I feel that is what made things go so smoothly with US immigration for my wife, but will this raise a concern at the border and possibly cause me and our children to be denied entry?
2) If we drive across the border with the intent to keep our vehicle (a 2006 Rav4, owned outright) in Canada, do we go through the vehicle import process before reaching the border or enter as US residents and take care of the vehicle situation after receiving Canadian PR?
3) I've been the sole income throughout our marriage. Will this be an issue when she applies to sponsor me and the kids? Our tax returns and bank statements are all joint. Her intent would be to find a job in Canada while waiting for my PR, after which I would find a job and resume being the sole income.

Thanks in advance for any help.

 

[RobsLuv]

Here are my questions:
1) When entering Canada together as a family with the intent to apply inland for family class sponsorship, do we tell the Canadian customers officer that's our plan when we enter? I want to be up front about everything because I feel that is what made things go so smoothly with US immigration for my wife, but will this raise a concern at the border and possibly cause me and our children to be denied entry?

You DON'T HAVE TO apply inland just because you are planning to be in Canada during processing of the application. The inland process is a waste of time for US citizens, especially if your Canadian citizen wife is currently in the States with you. She can submit an outland application now and all she has to include is proof that she intends to resettle in Canada. A letter from her parents declaring their intention to provide housing for you until your family can get settled, and stating when she's expected back should be sufficient.

2) If we drive across the border with the intent to keep our vehicle (a 2006 Rav4, owned outright) in Canada, do we go through the vehicle import process before reaching the border or enter as US residents and take care of the vehicle situation after receiving Canadian PR?

If your wife exports, and then imports the vehicle when first arriving back in Canada, she will have to pay duties on it. You can only import a vehicle without duties once you receive your PR status, so if you want to avoid paying duties, leave the vehicle in the States until you get PR status.

3) I've been the sole income throughout our marriage. Will this be an issue when she applies to sponsor me and the kids? Our tax returns and bank statements are all joint. Her intent would be to find a job in Canada while waiting for my PR, after which I would find a job and resume being the sole income.

There are no minimum income requirements for spousal sponsorship in Canada - your wife does not have to prove she meets income levels or has a job. The only time financial issues play into a refusal is when there is reason to believe that no arrangements have been made by the sponsor to provide for the sponsored family member(s), and it appears the sponsored person is unable or unwilling to provide for themself - so the risk of having to take social assistance (welfare) is high. If you include copies of tax returns showing that you have been successfully providing for your family in the States, and some sort of indication that you will not have a difficult time finding work in Canada, it should be okay.

I'd like you to read through the information on the US2Canada website about Visiting Canada, about Visitor Records, and about applying outland vs inland. The inland process is basically for people who are from non-visa-exempt countries who have a difficult time entering Canada when they are in a relationship/marriage with a Canadian. So once they manage to get into Canada, they are scared to apply for extension and end up overstaying their temporary status. If not for the inland process, they'd be stuck with no way to get permanent status. Inland takes much longer to finalize than the outland process and there is no right of appeal if the application is refused. You'd also have to wait until you were in Canada to be eligible to apply, and you'd have to have been properly documented on entry in order for the application to not need special handling that could add years to the processing. If you apply outland you can submit the application immediately. You don't have to wait until you're in Canada, or until the family is ready to come to Canada. Remember, you can't move to Canada until you have your PR approval, you can only visit. So the further along in the application process you are before you guys head to Canada, the less time you spend in Canada unable to work. You could conceivably wait in the States as a family until your PR was approved if you apply outland. CPC-Mississauga will assess your wife's eligibility to sponsor you within about 45 days and then the ap goes to Buffalo. They are finalizing within 11 months. In the meantime, if there is some compelling reason that your family needs to be in Canada before you get PR, you should easily be admitted (with proof of your legal marriage, proof of the outland PR ap in process, and proof that you have financial support (or means to support yourself) in Canada) documented on a Visitor Record that would allow you to stay for up to six months, but gives you the ability to apply to extend your status and be "legal" for as long as it takes to get your PR process finalized. You won't be eligible to change your temporary conditions to anything beyond visitor, so you won't be able to work, but a straight-forward, uncomplicated outland process will likely finalize in less time than it would take to get you the much-touted Open Work Permit that is the main reason many people make the mistake of applying inland. Inland doesn't even start assessment until 9-10 months after the application is received. Outland could finalize for a US citizen in less time than that.