+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Visiting vista on passport

Dottie123

Member
Nov 2, 2014
15
0
My daughter a U.S. Citizen just married a Canadian and they are planning or thinking of doing inland but they want to come back to the states for Christmas and change her name on passport and DL while they are visiting. And submitting application sometime in January when all documents come in.
When my daughter flew up to Canada last night they stopped her and wrote in her passport April 30 2015 she thinks they said visitor visa but was so nervous. Now I am worried about what this means can she come back to the states and then go back to Canada around the end of January or that's not a good idea.?
 

scylla

VIP Member
Jun 8, 2010
93,418
20,758
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Do not apply inland. It's a horrible decision for US citizens. Your daughter needs to apply outland if she doesn't want to hate life for the next 2 years. There are US citizens on this forum who have gotten PR status in as little as four months recently by applying outland. The first stage of the inland process alone is 13 months right now. There is absolutely no benefit to applying inland for your daughter.

As for entering Canada as a visitor, she will be reassessed by immigration each time she comes to Canada. To have the best chance of being allowed in and given a full six months visit, she should carry proof she has ties to the US, she should have a return tickets, and once she files for PR, she should carry proof she has done so.
 

Kayaker

Hero Member
Aug 4, 2013
679
50
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
05-02-2014
AOR Received.
04-03-2014
Med's Done....
08-11-2013
VISA ISSUED...
29-09-2014
LANDED..........
11-10-2014
Is your daughter aware that most US citizen applications Outland are processed in 5 to 7 months, while she will have to wait perhaps 2 years if she applies Inland?

What they wrote on her passport is that she is allowed a 6 month stay (with no visa). It means she is required to leave Canada before April 30, or apply to extend her stay.
 

Dottie123

Member
Nov 2, 2014
15
0
Kayaker said:
Is your daughter aware that most US citizen applications Outland are processed in 5 to 7 months, while she will have to wait perhaps 2 years if she applies Inland?

What they wrote on her passport is that she is allowed a 6 month stay (with no visa). It means she is required to leave Canada before April 30, or apply to extend her stay.
Thank you all for the info they were looking at the processing times on a web site that stated 30 months from NY for outland and as apposed to 21 months for inland but my concern was that she could not leave there even for emergencies in the states.
If she does outland she can still live with her husband in Canada as long as she gets her visa extended right?
 

Kayaker

Hero Member
Aug 4, 2013
679
50
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
05-02-2014
AOR Received.
04-03-2014
Med's Done....
08-11-2013
VISA ISSUED...
29-09-2014
LANDED..........
11-10-2014
I believe family sponsorships are no longer processed in NY. They are processed in LA, but only "red flag" cases are sent there.

She can live outland even while she is in Canada. She may put her Canadian address there too, no problem.

As a citizen of a visa-exempt country, she won't have a visa as a visitor. She'll just automatically be allowed to stay 6 months every time she enters Canada, unless otherwise specified. She just has to apply (online) to extend her stay before her time is up.
 

scylla

VIP Member
Jun 8, 2010
93,418
20,758
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Kayaker said:
I believe family sponsorships are no longer processed in NY. They are processed in LA, but only "red flag" cases are sent there.
The vast majority of US spousal sponsorship applications are actually processed through Ottawa.
 

Dottie123

Member
Nov 2, 2014
15
0
Kayaker said:
I believe family sponsorships are no longer processed in NY. They are processed in LA, but only "red flag" cases are sent there.

She can live outland even while she is in Canada. She may put her Canadian address there too, no problem.

As a citizen of a visa-exempt country, she won't have a visa as a visitor. She'll just automatically be allowed to stay 6 months every time she enters Canada, unless otherwise specified. She just has to apply (online) to extend her stay before her time is up.
Thank you so much for this info it eases my mind abit. So if you can just bear with me on this am I right in telling her
Doing it Outland she can during the application process
1.Live in Canada with her husband (thats the most important thing to her)
2. Travel back and forth if she needs to and no fear of being turned away while she has the visitor date on passport
3. only has to apply to extend her stay if longer than 6 months

I appreciate all the help.
 

Kayaker

Hero Member
Aug 4, 2013
679
50
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
05-02-2014
AOR Received.
04-03-2014
Med's Done....
08-11-2013
VISA ISSUED...
29-09-2014
LANDED..........
11-10-2014
Dottie123 said:
Thank you so much for this info it eases my mind abit. So if you can just bear with me on this am I right in telling her
Doing it Outland she can during the application process
1.Live in Canada with her husband (thats the most important thing to her)
2. Travel back and forth if she needs to and no fear of being turned away while she has the visitor date on passport
3. only has to apply to extend her stay if longer than 6 months

I appreciate all the help.
2. - the visitor date on her passport is irrelevant to future visits. Each entry is a new visit, and there is no guarantee she will be allowed to enter Canada. However, the chances of getting turned away, especially with a PR application in progress, is very very low.

And yes, sorry, in my earlier post I said family sponsorships go to LA but I meant, most go to Ottawa (where they are processed in 6 months or so) and only the red flags go to LA.
 

Dottie123

Member
Nov 2, 2014
15
0
Kayaker said:
2. - the visitor date on her passport is irrelevant to future visits. Each entry is a new visit, and there is no guarantee she will be allowed to enter Canada. However, the chances of getting turned away, especially with a PR application in progress, is very very low.

And yes, sorry, in my earlier post I said family sponsorships go to LA but I meant, most go to Ottawa (where they are processed in 6 months or so) and only the red flags go to LA.
Ok she was planning to come to US for christmas and wait here until the end of January to get new passport in new name and then they should have most of her documents back so they can start to send in app when she returns to Canada. Would that cause a problem going back or should she just stay there until she starts the app. process.? Sorry for all the questions but I really want her to do the right thing.
 

Kayaker

Hero Member
Aug 4, 2013
679
50
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
05-02-2014
AOR Received.
04-03-2014
Med's Done....
08-11-2013
VISA ISSUED...
29-09-2014
LANDED..........
11-10-2014
As long as she is visiting, not moving, and looks like she is visiting (not going there with all her worldly belongings, not driving up with a U-haul, etc.) she should have no problem.

It doesn't make a big difference if she goes to Canada before or after she applies for PR. The important thing for the people at the border is that they get the impression she is not going to illegally stay in Canada, or work or study without a permit. A return ticket would be good. If she wants to show them she is going to apply for PR in the near future, she can show them receipts of the fees for PR. She can say that she knows she cannot stay longer than 6 months without applying for an extension, and if that is refused, she can and will leave the country and go back to the US. As long as she can reasonably satisfy them that she's not going to overstay or do anything against the rules, she should be fine!
 

Dottie123

Member
Nov 2, 2014
15
0
Kayaker said:
As long as she is visiting, not moving, and looks like she is visiting (not going there with all her worldly belongings, not driving up with a U-haul, etc.) she should have no problem.

It doesn't make a big difference if she goes to Canada before or after she applies for PR. The important thing for the people at the border is that they get the impression she is not going to illegally stay in Canada, or work or study without a permit. A return ticket would be good. If she wants to show them she is going to apply for PR in the near future, she can show them receipts of the fees for PR. She can say that she knows she cannot stay longer than 6 months without applying for an extension, and if that is refused, she can and will leave the country and go back to the US. As long as she can reasonably satisfy them that she's not going to overstay or do anything against the rules, she should be fine!
Is it best for her to fly by herself back to Canada the end of January or can my husband and I drive her or should her husband accompany her. We just don't want her to be banned cause the customs agent was not very nice and told her that she better leave on Dec 24 like her ticket says and I don't want to see you back on January 2 (not sure if he was just trying to scare her or not) or if he puts this in the computer. and what if she gets denied entry back can she still go ahead with the outland process? They will start app process when they return to Canada.
 

Kayaker

Hero Member
Aug 4, 2013
679
50
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
05-02-2014
AOR Received.
04-03-2014
Med's Done....
08-11-2013
VISA ISSUED...
29-09-2014
LANDED..........
11-10-2014
I don't think it matters how she enters. (Except, if she flies, she could show a return flight ticket to prove she's not staying indefinitely. But I'm not sure how important this really is for US citizens. It's so common for people to drive over the border if it's within driving distance.)

I really don't know if the border agent she had last time entered something into the system or not. It's possible (I don't know how possible, just saying it's theoretically possible) that she was flagged in the system and from now on she will be pulled into secondary questioning every time she crosses the border. (When she entered Canada the last time and the border agent was not nice, was she flying? Was she pulled aside from the queue and into secondary questioning? Any idea why the border agent was not nice? Had she been staying in Canada longer than the US in recent years, or were her visits very frequent?)

I do know that if she didn't receive an exclusion order (? I think that's what it's called), the agent couldn't have entered something into the system such as "do not allow this person to enter in January 2015." The agent may have merely been trying to scare her off or something. Even if she had been denied entry, she isn't automatically banned from trying to enter again. And since she Was eventually allowed into Canada, I don't think her chances of re-entering next time are worse than the previous time.

Even if she is denied entry next time, nothing can stop her from making an outland application. She can try again to enter Canada after her application has been submitted, of course.


You could ask and see what other US people here on this forum think about her chances of re-entering Canada after Christmas. I think one member, rhcohen2014, once received an exclusion order, but she applied for and got PR this year.
 

rhcohen2014

VIP Member
Apr 6, 2014
4,935
185
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
March 17, 2014
Doc's Request.
April 11, 2014
AOR Received.
May 8, 2014
File Transfer...
May 9, 2014
Med's Request
upfront
Med's Done....
Nov 15, 2013
Interview........
waived
Passport Req..
July 15, 2014
VISA ISSUED...
July 25, 2014/ received August 1, 2014
LANDED..........
August 29, 2014
Kayaker said:
You could ask and see what other US people here on this forum think about her chances of re-entering Canada after Christmas. I think one member, rhcohen2014, once received an exclusion order, but she applied for and got PR this year.
yes, i did have an exclusion order back when i was dating my now husband. my exclusion order ended way before i applied, though there is no rule against applying outland if an exclusion order is still valid. generally, i believe what happens is the visa office just waits until the exclusion order has ended before issuing the visa.

i believe your daughter probably just got one of those border agents that likes to scare people who don't know what they are doing. generally, the reasons someone is denied entry is because they can't prove their "ties" to their home country, which generally is ONLY proof related to housing and employment, or there is suspicion of working illegally. CBSA doesn't care about belongings, family, cars, or bank accounts, they want to know you have a place and/or a job to go back to.

it's far easier to cross when a pr applicaiton has been submitted. all the border agent will do is confirm it's in the system and let you in. if the application has NOT been submitted at the time of entry, then it's recommended to travel with copies of EVERYTHING to show intent on applying. they like to see you are following the rules, not making them up as you go. Also, again, proof of ties to the us is essential too, espcially if someone's been red flagged an will be pulled into secondary.

the border agent isn't going to know when your daughter leaves and enters canada again, unless he happens to be the same agent she gets on the next entry. if they really wanted to track her entry, they would have given her what's called a "visitor record" and require her to "check out" on her way out. if she didn't have luck there, then try another entry point. either a different airport or land border. you don't have to enter the same place every time. If that officer was really suspicious of your daughter, he would NOT have given her a stamp for 6 months. he would have shortened her stay, tracked her with a visitor's record or denied her entry. as long as she's prepared and does not talk as though she is moving to canada before approval, she will be fine.

the fact she has a passport stamp until april 30th, means they allowed her to enter for 6 months. this isn't a visa, it is merely a passport entry stamp that says she needs to leave BY that date. this doesn't mean she can't go back and forth between now and then. actually, from my experience, the fact that she's already been approved to enter until that date and has a future date stamped on her passport will only help her enter the next time, as long as it's before that date. Having a future stamped date in my passport was the ONLY time in the past 2 years i didn't have to go into secondary, they let me drive right in. in my opinion having that dated stamp for 6 months from now limits her chances of being denied at the border. once she's back, and she wants to stay long term, she can apply to extend her visit prior to that date stamped on her passport. Or she can continue to travel back and forth. When doing this it's important to keep the trips to 1-2 months at a time, with long term stays at home in between, and being prepared to prove ties to the us upon entry.
 

Dottie123

Member
Nov 2, 2014
15
0
rhcohen2014 said:
yes, i did have an exclusion order back when i was dating my now husband. my exclusion order ended way before i applied, though there is no rule against applying outland if an exclusion order is still valid. generally, i believe what happens is the visa office just waits until the exclusion order has ended before issuing the visa.

i believe your daughter probably just got one of those border agents that likes to scare people who don't know what they are doing. generally, the reasons someone is denied entry is because they can't prove their "ties" to their home country, which generally is ONLY proof related to housing and employment, or there is suspicion of working illegally. CBSA doesn't care about belongings, family, cars, or bank accounts, they want to know you have a place and/or a job to go back to.

it's far easier to cross when a pr applicaiton has been submitted. all the border agent will do is confirm it's in the system and let you in. if the application has NOT been submitted at the time of entry, then it's recommended to travel with copies of EVERYTHING to show intent on applying. they like to see you are following the rules, not making them up as you go. Also, again, proof of ties to the us is essential too, espcially if someone's been red flagged an will be pulled into secondary.

the border agent isn't going to know when your daughter leaves and enters canada again, unless he happens to be the same agent she gets on the next entry. if they really wanted to track her entry, they would have given her what's called a "visitor record" and require her to "check out" on her way out. if she didn't have luck there, then try another entry point. either a different airport or land border. you don't have to enter the same place every time. If that officer was really suspicious of your daughter, he would NOT have given her a stamp for 6 months. he would have shortened her stay, tracked her with a visitor's record or denied her entry. as long as she's prepared and does not talk as though she is moving to canada before approval, she will be fine.

the fact she has a passport stamp until april 30th, means they allowed her to enter for 6 months. this isn't a visa, it is merely a passport entry stamp that says she needs to leave BY that date. this doesn't mean she can't go back and forth between now and then. actually, from my experience, the fact that she's already been approved to enter until that date and has a future date stamped on her passport will only help her enter the next time, as long as it's before that date. Having a future stamped date in my passport was the ONLY time in the past 2 years i didn't have to go into secondary, they let me drive right in. in my opinion having that dated stamp for 6 months from now limits her chances of being denied at the border. once she's back, and she wants to stay long term, she can apply to extend her visit prior to that date stamped on her passport. Or she can continue to travel back and forth. When doing this it's important to keep the trips to 1-2 months at a time, with long term stays at home in between, and being prepared to prove ties to the us upon entry.
Thank you and Kayaker for all this info. The agent was questioning her on her employment and she quit her job in the states right before her wedding so she was honest and said she was unemployed and he told her she better not be working in Canada and she said no I am not.
She has only had a few trips to Canada a year and the trips were only maybe 10 days the most at a time.
I think the agent just wanted to scare her and it did.