US Citizen Married to Canadian Applying for PR - Many Questions

[2Merry]

Hello,

I am a US citizen married to a Canadian citizen for 5 years. We cohabitated for more than 10 years before getting married. In the 15+ years together we have traveled frequently between the US and Canada, always under visitor visas. Right now I am in Canada with my husband and I arrived as a visitor.

I have (finally) decided to apply for PR with my spouse as my sponsor. I have several questions:
1. I have plenty of official documents (tax returns, car registration and insurance, bank accounts, etc.) to show I have the same address in Canada as my spouse. We have nothing like this for my spouse in the US. Are we okay to say that we are living together in Canada?
2. Although I cross the border frequently (usually by air), my passport is rarely stamped with an entry date. For example, the last stamp I have is from Feb 2021 and I have entered Canada more than 10 times since then receiving no stamp. If I say I'm "currently living in Canada" but have no stamp to show my entry date, will this be a problem on my application?
3. Is it correct that I can apply as "currently living in Canada" even though I arrived as a visitor?
4. Is it possible to continue traveling easily back and forth across the border after applying for PR but before any decision or status has been granted (14-15 months currently)?
5. My current passport will expire either while my application is being processed or at almost the moment that a decision is received. Should I renew my passport before applying (takes about 13 weeks), or will I be able to update my passport information while my application is being processed?

Thanks for any information you can provide!

 

[Ponga]

Hello,

I am a US citizen married to a Canadian citizen for 5 years. We cohabitated for more than 10 years before getting married. In the 15+ years together we have traveled frequently between the US and Canada, always under visitor visas. Right now I am in Canada with my husband and I arrived as a visitor.

I have (finally) decided to apply for PR with my spouse as my sponsor. I have several questions:
1. I have plenty of official documents (tax returns, car registration and insurance, bank accounts, etc.) to show I have the same address in Canada as my spouse. We have nothing like this for my spouse in the US. Are we okay to say that we are living together in Canada?
2. Although I cross the border frequently (usually by air), my passport is rarely stamped with an entry date. For example, the last stamp I have is from Feb 2021 and I have entered Canada more than 10 times since then receiving no stamp. If I say I'm "currently living in Canada" but have no stamp to show my entry date, will this be a problem on my application?
3. Is it correct that I can apply as "currently living in Canada" even though I arrived as a visitor?
4. Is it possible to continue traveling easily back and forth across the border after applying for PR but before any decision or status has been granted (14-15 months currently)?
5. My current passport will expire either while my application is being processed or at almost the moment that a decision is received. Should I renew my passport before applying (takes about 13 weeks), or will I be able to update my passport information while my application is being processed?

Thanks for any information you can provide!

1. If you submit an Inland application (SCPLC), the main requirement is that the applicant is residing in Canada with their sponsor. Having said that, it `looks' like (at least of paper) that you are in fact living in Canada, even though you only hold visitor status. While this may not be an issue with IRCC in terms of processing a Spousal Sponsorship application for PR, it certainly can be an issue is CBSA finds out.

2. Because you hold a valid U.S. passport, the only time that your passport would be stamped, would be if you are being told that you must leave within 6 months of that date stamp. I suspect that you're in the majority of other U.S. `visitors'.

3. Yes, especially with an Inland application

4. THIS is where it could be risky...because you are NOT authorized to actually live in Canada, yet. If you were to be questioned by a CBSA officer, would you be able to show any solid proof of having ties in the U.S. (a home, job, etc.)?
You should also have a look through this:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

5. I believe that you can apply now, but will defer to others.

Oh...and once you become a PR...make sure to keep a very accurate record of each exit/entry from/to Canada! You will need this when it's time to renew your PR Card (every 5 years). The PR status does not expire, but the PR Card does and one section of the application for the renewed card asks that you list each exit/entry, even if you just cross the border for gas and return the same day!

Good luck!

 

[Daren2023]

Try this website to find your US travel history: https://i94.cbp.dhs.gov/I94/#/home

 

[Ponga]

Try this website to find your US travel history: https://i94.cbp.dhs.gov/I94/#/home

Not available for a U.S. citizen. As a matter of fact a U.S. citizen may not be able to obtain complete exit records from CBSA, since they do not capture exit data; an entry record into another country constitutes an exit from Canada. This is why it's so important to those PRs to track their own travel history!

 

[armoured]

1. I have plenty of official documents (tax returns, car registration and insurance, bank accounts, etc.) to show I have the same address in Canada as my spouse. We have nothing like this for my spouse in the US. Are we okay to say that we are living together in Canada?
2. Although I cross the border frequently (usually by air), my passport is rarely stamped with an entry date. For example, the last stamp I have is from Feb 2021 and I have entered Canada more than 10 times since then receiving no stamp. If I say I'm "currently living in Canada" but have no stamp to show my entry date, will this be a problem on my application?
3. Is it correct that I can apply as "currently living in Canada" even though I arrived as a visitor?
4. Is it possible to continue traveling easily back and forth across the border after applying for PR but before any decision or status has been granted (14-15 months currently)?
5. My current passport will expire either while my application is being processed or at almost the moment that a decision is received. Should I renew my passport before applying (takes about 13 weeks), or will I be able to update my passport information while my application is being processed?

1. Yes.
2. No.
3. Yes.
4. Basically yes - but there is a possibility I believe, even if small, you wouldn't get re-admitted, and then that would be an issue. I believe you'd be best to apply ASAP, wait until you get the AOR confirming your app has been accepted as complete before travelling again, and then keep trips outside Canada short.
5. Apply now, you can update your passport info with new passport at any time.

 

[2Merry]

@Ponga , @Daren2023 , and @armoured - Thank you so much for your information! You have helped me a lot.

 

[2Merry]

1. Yes.
2. No.
3. Yes.
4. Basically yes - but there is a possibility I believe, even if small, you wouldn't get re-admitted, and then that would be an issue. I believe you'd be best to apply ASAP, wait until you get the AOR confirming your app has been accepted as complete before travelling again, and then keep trips outside Canada short.
5. Apply now, you can update your passport info with new passport at any time.

On point 4, I will take your advise, thank you.

Do you happen to know if (at any time while waiting for PR approval) I was not re-admitted would this negatively effect my application? If not re-admitted, would I have to close my original Inland application and apply again as being outside of Canada?

I do have a home in the US and a hybrid (part remote, part in-person) US work situation. I do have 2 scheduled trips outside of Canada (in September and October), and so I will have to go out. While I prefer to be in Canada with my spouse, if I were not re-admitted to Canada, it would be inconvenient but not dire. I would like to keep the process as clean and smooth as possible, while keeping my job and being in Canada, if possible.

 

[Ponga]

On point 4, I will take your advise, thank you.

Do you happen to know if (at any time while waiting for PR approval) I was not re-admitted would this negatively effect my application? If not re-admitted, would I have to close my original Inland application and apply again as being outside of Canada?

I do have a home in the US and a hybrid (part remote, part in-person) US work situation. I do have 2 scheduled trips outside of Canada (in September and October), and so I will have to go out. While I prefer to be in Canada with my spouse, if I were not re-admitted to Canada, it would be inconvenient but not dire. I would like to keep the process as clean and smooth as possible, while keeping my job and being in Canada, if possible.

If you are refused re-entry and have submitted an INLAND application, it would be a devastating problem. For starters, you'd be out the expense the application, which is significant. You would then have to start all over with an Outland application.

If you don't need to have a work permit during the process, you may be better off with an Outland application (submitted from within Canada), since if you are denied re-entry, the application processing continues.

 

[armoured]

Do you happen to know if (at any time while waiting for PR approval) I was not re-admitted would this negatively effect my application? If not re-admitted, would I have to close my original Inland application and apply again as being outside of Canada?

I do have a home in the US and a hybrid (part remote, part in-person) US work situation. I do have 2 scheduled trips outside of Canada (in September and October), and so I will have to go out. While I prefer to be in Canada with my spouse, if I were not re-admitted to Canada, it would be inconvenient but not dire. I would like to keep the process as clean and smooth as possible, while keeping my job and being in Canada, if possible.

As noted, it would be a problem. That said, if your trips home are short and you've already applied at that point (and even better if you have the acknwledgement of receipt), I doubt they'd deny you re-entry. Only a guess though.

The reason I suggest this instead of the route of applying outland: apparently inland apps going much, much more quikcly now. Apart from that I understand and mostly agree with Ponga's reasoning. If you had to travel a lot more or for longer trips, that would change my estimation/guess.

 

[Ponga]

As noted, it would be a problem. That said, if your trips home are short and you've already applied at that point (and even better if you have the acknwledgement of receipt), I doubt they'd deny you re-entry. Only a guess though.

The reason I suggest this instead of the route of applying outland: apparently inland apps going much, much more quikcly now. Apart from that I understand and mostly agree with Ponga's reasoning. If you had to travel a lot more or for longer trips, that would change my estimation/guess.

It's always a `moving target' in terms of estimated processing times with IRCC.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html


As of today, this is what it shows for an Inland application:
Spouse or common-law partner living inside Canada
14 months

Versus an Outland applicant (that could be in Canada `visiting', not `living with' their spouse/sponsor):
Spouse or common-law partner living outside Canada
15 months

Last update: June 6, 2023


Of course, these times will probably change any second now! LOL!

 

[2Merry]

If you are refused re-entry and have submitted an INLAND application, it would be a devastating problem. For starters, you'd be out the expense the application, which is significant. You would then have to start all over with an Outland application.

If you don't need to have a work permit during the process, you may be better off with an Outland application (submitted from within Canada), since if you are denied re-entry, the application processing continues.

AH! That is significant information. Thank you.

I am very appreciative of all the wisdom that you and armoured are sharing with me.

 

[armoured]

It's always a `moving target' in terms of estimated processing times with IRCC.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html


As of today, this is what it shows for an Inland application:
Spouse or common-law partner living inside Canada
14 months

I'm going more by the recently self-reported here, which could be wrong or a weird subset or any other number of data issues.

Or (my belief): the 'lag' of how long it takes govt website data to catch up is more severe (they only count beginning backwards, not looking at recently files, and acc to a strict formula - ie doesn't fully respect speed of recent files), AND as US citizen more likely to be in the 'top half' of applicants processed quickly (due to data sharing criminality and quicker security clearance for most US citizens).

But it's only a guess on my part.

 

[Ponga]

I'm going more by the recently self-reported here, which could be wrong or a weird subset or any other number of data issues.

Or (my belief): the 'lag' of how long it takes govt website data to catch up is more severe (they only count beginning backwards, not looking at recently files, and acc to a strict formula - ie doesn't fully respect speed of recent files), AND as US citizen more likely to be in the 'top half' of applicants processed quickly (due to data sharing criminality and quicker security clearance for most US citizens).

But it's only a guess on my part.

It's important to note that discussions regarding timelines here, as well as the plethora of spreadsheets that go around in the forums, is but a fraction of what IRCC is processing. I concur that it truly is a ridiculous guessing game. Compound that with the fact that now ALL Spousal Sponsorship applications must be submitted online and it only adds to that `spinning wheel of wonder', since there have been more than a few `glitches' reported with the online process. Granted, most of those are for PR Card renewals, but not all of them are.

I also echo the opinion regarding most U.S. citizens (with zero issues or red flags) being faster...sometimes.

 

[Ponga]

Might be an interesting read:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/shift-from-fifo-to-priority-cohorts-ircc-atip-somewhat-confirms-they-are-not-following-fifo.806345/#post-10510735

Could explain part of the mystery.