Spouse visiting me while applying, FBI expired.

[daniel042]

Here's how it is. I am sponsoring my wife who is a u.s. citizen. It is an out-land application. We have all our forms, proof, medical and everything else together as well as the FBI clearance. I was wondering if she could come visit me during the application process; so i came to these forums and read that some believe she can. The only problem for us is that the FBI clearance is only good for 3 months after it has been issued, and its been more than 3 months now. I have already got her to redo the fingerprints and send off for the FBI check again. I am just wondering if i should send the whole application in with the expired FBI and write a letter explaining that we will be getting the updated one soon, or wait until the new FBI comes it. Or maybe not even send any of it in at all.... basically i would like my wife to come stay with me while the application is going through the system. I'm thinking i should wait for the new FBI to come in and bring her across with the application unfilled... or would that not look good to the border agents? Maybe filing it and having a case number would look better to them... or maybe even getting approved as a sponsor first would look best...? Oh and we have paid for all the immigration fees already. Advice?! lol.

Thanks kindly.

 

[iarblue]

Submitt what you have to them with the expired FBI stating you will send the new one as it arrives.When she comes to visit just make sure you have proof of the app being submitted with prooof of all the fees,they may not even ask you just wave you through but just incase they do.

 

[canadianwoman]

Your wife is an American. She can visit Canada any time and will be able to stay for 6 months. Usually there is no problem at the border, though it is possible they will ask for proof of her job, or of the application. Most likely they will ask her why she wants to come to Canada, she can say 'to visit her husband', and they will let her in.
I'd wait for the new FBI check, and then send in the application right away.

 

[BeShoo]

The crucial thing is to have the fee receipt. That proves that you are serious about actually applying. I'd have a copy of the application with you too, just in case they ask. After you send it in, it will be some time before you have any acknowledgement anyway, so it probably doesn't make a big difference if you sent it in or not.

I'd say definitely send it with the old FBI and an explanation that you applied for a new one. Apparently, some officers will sometimes even accept a stale-dated one if there is a clean record.

When you're coming to the border, make sure that you have available evidence that you can support her or that she can support herself. Also, you need a story of what her permanent U.S. address is, and you need some way to assure them that she is both willing and able to return there at the end of her visit.

 

[CeeGee]

Pay your fees to open the immigration application process online. After that, she can come over and "visit" you. Do not send in your application with a out-of-date application, wait until you receive the new one. However, what address is it coming to? Is it an address you will have to forward? If so, it might be good to make arrangements for you mail to be "picked" up. I am having my mail forwarded from the U.S.--California. And, it is sometimes taking almost three weeks for mail to get to me in Ontario.

At the border, you do all the talking. Don't bring all your stuff in. Only bring in clothing and personal supplies; do not bring in furniture, a big uhaul, etc. Store your stuff if need be. But she can come in today if you pay your fees online, have your marriage certificate, and you can show them your application package at the border if you want to, but it isn't necessary. They will give her a visitor record documenting her stay.

There is a website US2Canada that explains this in greater detail.
I was worried crossing the border, but it all went pretty well. Just tell the truth; it's a little intimidating, but it is great to be in Canada!

 

[daniel042]

Actually I'm in Canada awaiting her arrival here. I read somewhere that when she comes to the port of entry i need to be there with her. Long story short, I'm not allowed in the U.S. without a K3 visa because i overstayed my Student F1, so i can't really accompany her here from the U.S. I'm hoping that i can simply go to the port of entry where she is arriving and inform Immigration that she is coming there and be present when she enters Canada. Any advice concerning that?? Someone suggested that we have a copy of the forms for immigration when she arrives... i hope you just mean the application paperwork and the receipt of payment, cause i have like 300 pages of other crap that is going along with that to Mississauga when i submit the whole thing. Thats a giant load of printer ink.

 

[BeShoo]

I suppose I can only speak from personal experience. Your experience will depend on the judgement of the individual Imigration Officer who happens to take your case.

My partner came to visit for 5 days last American Thanksgiving. He was bringing a raw sweet potato, so he got a secondary inspection for that (they are absolutely forbidden). They finally got him to tell them he was my boyfriend and they phoned me on my cell phone to verify his story. They asked how I met him, was he really staying with me, was I really there to pick him up, things like that. Then they said he'd be right out. So, an officer could choose to do things that way.

It might be good to have a written letter saying you'll support her. I don't think you need a copy of your "crap". They're actually not interested in that. Their only job is to see that you're seriously going to apply, and the fee receipt is the best evidence of that. It wouldn't hurt to have a copy of the forms too, but you probably don't need them. I think a copy of your wedding certificate might be useful, in case they ask for that.

 

[daniel042]

Another quick question I may as well ask in here... about 6 months ago i did come to the border with my wife and the IO Told us that we didn't have the correct documentation for her to cross into Canada, so we did something they call, "willfully withdrawing application to enter Canada", which I'm hoping means that she wasn't actually refused entry into Canada. Does that sound correct? Because on her Schedule 1 Background / declaration it asks "have you ever been refused admission to, or ordered to leave, Canada or any other country?" Would this situation call for an answer of "yes" or "no" because she wasn't actually refused entry, she willfully withdrew her application.

Thanks kindly.