Questions about driving across the border.

[Demonardae]

My fiance and I will be meeting in Ogdensburg, NY and will be getting married in a court, then going back to Ottawa. What worries me though is the him coming to America without me, then coming back with me. I figure he should tell them he is coming to see me, but should he tell them he is coming back with me? I'm not sure what it's like when driving over the border. Any suggestions or insight would be nice.

 

[minna]

you're just visiting each other right?? if so, don't worry about the border.

no, your fiancee doesn't tell anyone that he's returning to Canada with his wife - he will be talking to US border agents on his way to the US, not canadian ones.

if you are visiting canada, after your marriage, then what will probably happen is the border agent will ask you the citizenships of the people in the car. Then ask what the purpose of the trip is. your husband will say he is going home, and you will say you are coming to visit your husband.

you may need to prove that it is only a visit. don't load up the car with a lot of stuff - that will make the border agents suspicious. If you have a job in the US, you may want to bring along proof of that - a letter from your employer, for instance, stating that you are on vacation and expected back on a certain date. But, if you are truthful to the border agents, you really shouldn't have any problems at all.

 

[SaugaBoss]

My fiance and I will be meeting in Ogdensburg, NY and will be getting married in a court, then going back to Ottawa. What worries me though is the him coming to America without me, then coming back with me. I figure he should tell them he is coming to see me, but should he tell them he is coming back with me? I'm not sure what it's like when driving over the border. Any suggestions or insight would be nice.

it really depends on the officer!

I was in the car with my family and told them i am getting married. they were fine with it asked how long illbe staying i said a week and ended up staying 3 months... then back to the US then 3 months again to Canada...

so just be honest about it... i remember my one friend said you can get some kind of visitors visa on your passport right away but i do not know what it is called!

i wouldnt worry too much... the canadian border is easier to cross than american one!

 

[Demonardae]

Ah, I forgot to mention that we are doing the In-Canada process. So he doesn't tell the U.S. border patrol that he is coming back with his wife? I have gotten every other minute detail worked out, and I plan to send for my FBI clearence paper out tomorrow. Then I will hopefully have it before I leave. Also I will be getting my medical done about a week or so after I get to canada. And of course I have everything else figured out and squared away, except this darn border thing.

Should I tell them that I will be applying for my PR? I planned on asking for the full six months. I'm just so frazzled by all of this.

 

[minna]

why are you applying inland? you know you can apply outland and still be in canada during the application process! It's much faster, generally speaking than applying inland. If you apply inland you won't receive a work permit until first stage approval, which generally takes 6-7 months. With processing times in Buffalo ranging from 4-10 months, you are quite likely to be granted a PR visa by buffalo in the same amount of time it will take for first stage approval inland.

I would recommend you get your fingerprints to the FBI asap (that takes 8-10 weeks) and once you are married, file the application asap.

Once your application is filed, or is almost ready to be filed, you can tell the border agent that you are hoping to wait out the PR application process in Canada with your husband. You should pay the application fee before you get the border so that even if your app has not yet been filed, you have proof of your intentions. Your husband will have to speak for you at the border. Hopefully you will not have to do too much. Make sure you have proof of adequate income to support yourself while in Canada, and it's probably a good idea to purchase health insurance for your time in Canada, as well. Your husband should ask for a visitor record for you. They may give you 6 months to a year on your visitor record. If you haven't received your PR visa by a month before, you can apply to extend your visa, citing the PR application in process.

Don't bring all of your stuff with you to Canada until you are a PR - put it in storage, whatever, just bring enough for your to live for the next few months, and leave your furniture behind - that is a red flag. You need to be aware that you are only a visitor in Canada until your PR approval.

 

[YorkFactory]

I don't see that anyone has mentioned this, but he should not volunteer to CBP that he is planning to get married while in the U.S. They will likely be concerned that he won't leave after getting married, and may not allow him to enter in the first place.

And I'm also seconding the recommendation to apply outland. That way, if you need to leave Canada for any reason, you don't risk abandoning your application.

 

[plumosa]

I don't see that anyone has mentioned this, but he should not volunteer to CBP that he is planning to get married while in the U.S. They will likely be concerned that he won't leave after getting married, and may not allow him to enter in the first place.

Also, have him bring a copy of his lease and the classes he's taking (he's a student iirc?) just in case a wily border agent gets him to spill the beans accidentally. You'd be surprised at what comes out of your mouth when they ask certain questions a certain way!

 

[Demonardae]

Yes, he's a student, but he lives with his parents, so no lease. He also will have a job, (right now they are still trainning him and what not.)

Idealy, we would have applied outland, but things aren't working out that way. I don't have a job, car, or even enough room in my apartment (really it's my dad's) for him to come stay here. With the In-land at least we can do the things we need to do. I'm going to have a hell of a time just trying to get to the police department to get the fingerprints taken.

Unfortunately, I don't have the money to pay to take a taxi to downtown, just to get my medical, or even a nearby post office. So doing it out-land is not a viable option. I know the risks of inland, and if there is some sort of problem, well we'll deal with it then. That's the best we can do....

 

[plumosa]

Yes, he's a student, but he lives with his parents, so no lease. He also will have a job, (right now they are still trainning him and what not.)

Idealy, we would have applied outland, but things aren't working out that way. I don't have a job, car, or even enough room in my apartment (really it's my dad's) for him to come stay here. With the In-land at least we can do the things we need to do. I'm going to have a hell of a time just trying to get to the police department to get the fingerprints taken.

Unfortunately, I don't have the money to pay to take a taxi to downtown, just to get my medical, or even a nearby post office. So doing it out-land is not a viable option. I know the risks of inland, and if there is some sort of problem, well we'll deal with it then. That's the best we can do....

you do realise you can file outland and remain in Canada? That's what plenty of people do--including myself! Outland only means that the application is processed outside Canada, not where you are living.

 

[adetia9]

Please do yourself the very biggest favor you can for this whole ordeal. Get your FBI CLearance NOW if you have not yet already done so.
It can take months to resolve this one point and you don't want to be behind the 8ball later, trust me.

As to border crossings, we've always found the following to be the best for us (your experience may vary).

1. We take every border crossing individually and keep it simple. If for example, he's crossing into America, he says he's coming to visit you. Don't need to explain further unless they ask.
2. Don't volunteer extra information, and never lie. Keep it short, to the point, and be prepared for all cases. For example, I always carry a copy of our marriage certificate, the most recent update we've had regarding the status of our case, the copy of our sponsorship letter, all that type of documentation I can come up with, and I've only ever had to show any of it once. I never really offered unless asked. Quite frankly, I'm happy when its a short, smooth crossing with few questions asked. Less can go wrong that way
3. When they ask you how living in separate countries is, I personally always say, "its hard, and we're hoping to be done soon", or something along those lines even though I "live" for all intents and purposes in Canada with my husband full time.

Good luck to you

 

[minna]

read the first post in this forum, and make sure you understand very clearly the differences and requirements for inland and outland applications.

if, after reading the first post, you still have questions, we can clarify this.

Outland application does NOT mean your husband lives outside of canada, it means that the application is processed outside of canada.

if you choose an inland application, you will not be able to work in Canada for 7-8 months (at least!), and your PR process may not be complete for 1.5-2 years. If you are refused, you will not have the option of appealing the decision.

if you choose outland, you can be in canada while the application processes (as a visitor), but you are likely to have your PR visa in 7-8 months, and be finished with the entire process. if you are refused, you have the option of appealing the decision.