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ZaphOttawa

Newbie
Sep 15, 2013
5
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Hello,

First I would like to say how helpful this site has been for my husband and I as we try and make sense of such a confusing process. I hope to contribute our experiences in return. I also apologize for the length of this post. I tried to be as concise as possible.

I've read a few posts on this forum with regards to couples/spouses being treated with suspicion by CBSA at the border. My husband (Canadian citizen) and I (US citizen) were recently married after dating for three years. We live six hours away from each other (he is in Canada, I'm in the US) and I travel frequently to visit him in Canada. The first time that I drove across the border to visit for an extended period (4 months), we were turned back around because the officer thought that I packed too much (I brought what I thought was appropriate for 4 months but I'll admit that it bordered on excessive) and did not bring adequate proof of ties to the US (I brought a bank statement showing $100K in checking, proof that I owned a business, proof of health insurance.) The officer asked that I drop some of my things off at my parents' cabin in a nearby state and bring a piece of mail showing my address in Florida, and he would permit me to enter Canada the next night. We did as he asked and I was given a Visitor Record. Since then, when my passport is scanned at the border, it shows that there was an issue.

Let me be clear in that I understand that I am a visitor to Canada and am not entitled to entry. I also understand that CBSA officers are perfectly within their rights to question and search me. I have had many interactions with very polite, very professional CBSA officers and took ZERO issue with being pulled into secondary screening and asked questions.

Unfortunately, I have also had officers scream at me (not exaggerating), tell me that I am lying (I wasn't), keep me at the CBSA office for 2+ hours (several occasions), ridicule me in front of co-workers (and others within ear-shot in the lobby), search my laptops and cell phone (for what, he didn't say), and the list goes on. Encounters with these a$$h01@$, thankfully, are rare. However, I suffer from an anxiety disorder and have begun having panic attacks when I have to cross into Canada.

We are pulling together everything needed to submit an application for spousal sponsorship (outland) but we might be looking at 12+ months until it's approved/official. Is there anything that I can do (temporary resident visa?) in the interim to make crossing the border a less stressful experience?

A few facts about our situation:

1. I am employed full-time (no longer self-employed) but I am able to telecommute from pretty much anywhere. I've told CBSA as much.

2. I do not own or lease a residence. I am the caretaker for one of my parents' properties for all but 3 months out of the year when it is rented for the season. We do not have a lease because I don't pay rent (in exchange for keeping up the property).

3. I am financially sound and would not seek employment or government services in Canada.

4. We are applying for Spousal Sponsorship (Outland) because I cannot stay in Canada while our application is processed. I cannot stay in Canada for longer than one month due to medical and work-related travel requirements.

5. I've never stayed in Canada for longer than five weeks before leaving for the US or another foreign country.

6. A take care to spend more time (>50%) in the US than I do in Canada as is the law (or how it was explained to me by a CBSA officer.)

7. I can't apply for Nexus yet (residency requirement).

Also... Full disclosure, my CBSA record isn't perfect.

1. In three years, I have been issued 9 Visitor Records, 2 of which were 1 day late (1 due to unsafe road conditions preventing me from driving home, 1 because I mixed up the date - completely my fault).

2. The last time that I returned a VR after overstaying by a day, the officer informed me that this was my 3rd strike, which is incorrect. I did fail to return my VR upon departure once when crossing in Windsor very late at night because I missed the exit for the CBSA office. The crossing was under construction and I'd been on the road for 10 hours that day. I did not see the turn off for the office and ended up at US border control still in possession of my VR. However, I called the number on the back and was told to mail it in. I did but apparently no one made note of this in my file. As far as the officer was concerned, I never mailed it in.

It might be that my options are limited due to mistakes made on my part, but I would greatly appreciate any suggestions or advice that members of this forum are able to offer.

Much thanks in advance!

Zaphottawa
 
Well, you have "flags" going off all over the place now whenever you cross. How soon are you eligible to apply for the Nexus card? As I understand it, if you are 'visa-exempt', then you cannot get a 'visa' (not sure it would help at the border anyway). I don't think you'll find any magic wand that will help much in your case. Incidentally, the US Immig officers can be the same to us Canadians, hence one of the reasons I got a Nexus card. SWEEEET! They just wave you right through without stopping you (all except ONCE for me anyway).
 
To be eligible for the NEXUS, you must be a citizen or permanent resident of Canada or the United States. What residency requirement are you talking about?
 
FYI - just because you have a Nexus card doesn't mean you can't be refused entry and it doesn't mean you never have to speak with an officer at immigration. A Nexus card makes things easier - it guarantees nothing. And to be approved for a Nexus card, both the US and Canada have to agree. If you are already flagged by Canadian immigration, Canada may not approve.
 
truesmile said:
Well, you have "flags" going off all over the place now whenever you cross. How soon are you eligible to apply for the Nexus card? As I understand it, if you are 'visa-exempt', then you cannot get a 'visa' (not sure it would help at the border anyway). I don't think you'll find any magic wand that will help much in your case. Incidentally, the US Immig officers can be the same to us Canadians, hence one of the reasons I got a Nexus card. SWEEEET! They just wave you right through without stopping you (all except ONCE for me anyway).

I look back on that first crossing and cringe at our naivete. I'd traveled to countries like Egypt and Vietnam without anyone batting an eyelash at me. My husband was well-traveled at that point two and both of us caught completely by surprise when we got to the border. Our fault for making assumptions and not doing our homework.

We both spent 6+ months abroad two years ago so we still have one to go unless they've changed the requirements. I would LOVE to get Nexus but I also wonder if my less-than-perfect record with those VRs would be an issue at the interview.

With regard to the US border agents, my husband has declared his intention to visit me in the US for as long as a month and we've never been asked to provide any sort of documentation. We actually drove across the border from ON to NY on the day of our wedding. When we told the CPB agent as much, she wished us well and warned us that the PR application was a pain in the a$$. We've had experiences with gruff, even rude CBP agents on the American side but nothing that would even compare to the treatment we've received from a few CBSA officers. Not looking to criticize CBSA as a whole, just my experience with the two.

In any case, thanks for taking the time to respond!
 
steaky said:
To be eligible for the NEXUS, you must be a citizen or permanent resident of Canada or the United States. What residency requirement are you talking about?

The last time I looked into it, you had to live in the US for a minimum of three years before you were eligible for Nexus. Maybe things have changed since then?
 
I would give Nexus a shot (assuming you qualify). What's the harm in trying? Worst they can do is say no.

I think your husband has gotten lucky when entering the US. I know lots of Canadian/US couples and the border horror stories are right around 50/50 Canada/US. Anyway - hopefully your husband will continue to have smooth entries into the US. I would recommend that he apply for a Nexus card as well. Far better to apply before there are any problems. Also - if you both have the cards, you can use the Nexus line when entering/exiting together by car.
 
ZaphOttawa said:
The last time I looked into it, you had to live in the US for a minimum of three years before you were eligible for Nexus. Maybe things have changed since then?

Your're absolutely right. There is a three year residency rule.

However if you happen to be an American citizen who was living outside of the US and recently returned (and therefore doesn't have 3 years), then I believe the residency rule is now waved for these individuals.
 
Sorry that the border crossing has been such a hassle for you! We were lucky. I've only crossed into Canada twice; once by air through Montreal, when we flew up to go on our HHT (house-hunting trip). The second time by car, when we actually moved. I guess it helped that we were in a tiny sports car with only a week's worth of clothing and toiletries (he's military, so all of our household goods were on a big truck somewhere south of us at the time). We knew of another couple, same thing - Canadian military husband and American wife, who were turned back at the border. I shudder to think of how stressful and upsetting that would have been.

The Immigration agent who spoke with me at the border crossing was very kind. Even though we had a "cover story" (I was just going up to help my husband settle/close on the house, and then I was going to fly back to stay with family while we applied outland, since husband would be in Ontario for almost five months anyhow...MOST of that was true), the agent saw right through it. Stamped my passport for six months, said if I asked politely, I'd likely be able to get a six month extension. He also said, "I can't tell you anything about using a lawyer, as I would get fired for advising you on immigration issues, so I'm not telling you that there's no need to use a lawyer." I told him I was not hearing what he was not saying loud and clear. Very nice guy. On the previous trip, we actually got a U.S. border agent with a sense of humour. That was so unexpected that it kind of stunned us for a second. Asked if we were smuggling any okra (I'm from Oklahoma, guess he's familiar with their love of okra, which I don't share), and asked if that "weird Canadian guy" (husband) was giving me any trouble and offered to detain him if he was. We've been lucky!

Best wishes for smoother sailing in the future!
 
scylla said:
Your're absolutely right. There is a three year residency rule.

However if you happen to be an American citizen who was living outside of the US and recently returned (and therefore doesn't have 3 years), then I believe the residency rule is now waved for these individuals.

Thanks for the heads up! I'm definitely going to look into this.
 
QuebecOkie said:
Sorry that the border crossing has been such a hassle for you! We were lucky. I've only crossed into Canada twice; once by air through Montreal, when we flew up to go on our HHT (house-hunting trip). The second time by car, when we actually moved. I guess it helped that we were in a tiny sports car with only a week's worth of clothing and toiletries (he's military, so all of our household goods were on a big truck somewhere south of us at the time). We knew of another couple, same thing - Canadian military husband and American wife, who were turned back at the border. I shudder to think of how stressful and upsetting that would have been.

The Immigration agent who spoke with me at the border crossing was very kind. Even though we had a "cover story" (I was just going up to help my husband settle/close on the house, and then I was going to fly back to stay with family while we applied outland, since husband would be in Ontario for almost five months anyhow...MOST of that was true), the agent saw right through it. Stamped my passport for six months, said if I asked politely, I'd likely be able to get a six month extension. He also said, "I can't tell you anything about using a lawyer, as I would get fired for advising you on immigration issues, so I'm not telling you that there's no need to use a lawyer." I told him I was not hearing what he was not saying loud and clear. Very nice guy. On the previous trip, we actually got a U.S. border agent with a sense of humour. That was so unexpected that it kind of stunned us for a second. Asked if we were smuggling any okra (I'm from Oklahoma, guess he's familiar with their love of okra, which I don't share), and asked if that "weird Canadian guy" (husband) was giving me any trouble and offered to detain him if he was. We've been lucky!

Best wishes for smoother sailing in the future!

Thanks for the well wishes! I've gotten some really nice officers as well. Most are very professional. I've probably crossed the border (land and air) over 50 times in the past three years. With that sample size, it's unsurprising that I ran into a few miserable examples.

Happy to hear that you're experience was positive on both sides!