What to tell immigration

[kaithomas]

Hi there, I'm getting married September in America where my bride lives. A week or so after we're coming back to Canada. Obviously we won't have the forms even sent off by that time, nor will I be recognized as her sponsor. I'm assuming she can live with me, atleast for a couple months, just as a holiday. Hopefully in that time, we'll get some notification as to what's going on. I'm just wondering, what do I tell immigration? Do I tell them that she's here to stay as my wife, or that she's here for a holiday? I know how happy immigration workers are when you give answers that are in between the usual. Any ideas?

 

[sbwv09]

You probably won't have trouble, but you should still be careful about what you say to the border patrol. They may well turn her down if they think she is coming there for good. Say that she is coming to visit for a few months. Have proof of sufficient finances as well as ties to the US for her (a place of residence, a job, etc). Don't bring too much across with you, that will arouse suspicion. Also, don't volunteer any information at all. Just answer the questions they ask.. no more or less.

 

[canadianwoman]

Do I tell them that she's here to stay as my wife

Don't say that. Say she is coming to visit for a couple of months.

 

[minna]

I assume your wife doesn't need a visa to travel to Canada from her country?? Because that is not entirely clear in your post.

Just tell customs that your wife is coming for a visit. They will ask her how long her stay is planned for, and you should have a return ticket for her, back to her home country and health insurance purchased for the length of time of her stay. She may also want to be prepared with a letter from her current employer stating that they are aware that she is on vacation in Canada and the date that she is expected back. Of course, the ticket, the length of health insurance and the letter from her employer should all be for the same amount of time. Then she shouldn't have too much of a problem. Once she is in visiting the country, her plans can easily change - and she can apply for an extension of her visit. Hopefully by then you will have the PR application sent off and can cite the application in her visitor record extension.

 

[kaithomas]

Ya she won't need a visa to travel she was born in America. She quit her job, and the other thing I'm worried about that may complicate things, is I'm moving from Calgary to Vancouver. So we're flying into Vancouver instead of the place where I have lived all my life. So I'm hoping that doesn't impede this at all either. And luckily we won't have much to bring, so it could very well look legit. How long do you reckon it'll take to get an American with a university (not NAFTA) degree into Canada? Any ideas on the average? I know immigration told me 12-18 months if she's in Canada, but I know it can't be that long for an American. Brits seem to be in within 3 months, should I expect the same?

 

[canadianwoman]

If she applies outland, it takes about 4 to 10 months for an application to be processed at Buffalo. Plus a month and a half or so for processing first in Mississauga. An inland application will take longer.
Ordinarily an American is not going to have any trouble coming to Canada for a holiday. So when she goes through immigration at the airport she should just say she is coming to visit for a month or two. The border officials might not ask much, but because they sometimes do ask a lot of questions she should be ready with documents to show she will be leaving Canada - a return ticket, (a letter from her employer saying she is on holidays is good, but not possible now), a copy of her lease, enough money to support herself for her trip, health insurance, etc. Don't say she is moving here; especially since you don't yet have the application in.

 

[BeShoo]

She is coming for a visit. She is not moving here permanently (yet). If she just shows up and says she's moving here permanently, she could be banned entry to Canada for up to one or two years.

If they ask, you can tell them you are preparing an application for permanent residency, but this trip is just a temporary visit. Maybe you need her here to help to prepare the forms. She just has to be prepared to go back home after the visit. They may give her a visitor record, for which she can ask for a extension later.

 

[addntox]

LOL she wouldn't be banned she'd have to commit an offence against the IRPA or be some kind of national security threat to be banned. Most likley they'd deny entry and tell her to file an outland application then she'd be flagged by CBSA, but not outright banned. You're not breaking any law being honest about your intentions. To be honest "technically" one could argue that you're misrepresenting yourself by saying you're coming for a holiday whilst never intending to leave.

 

[canadianwoman]

First get her into the country by saying she is coming here to visit. Then, if she likes it and still wants to stay permanently, you can apply for the PR visa. She will most likely be denied entry to Canada if she says she is coming here permanently when she doesn't even have a PR application in yet.

 

[BeShoo]

LOL she wouldn't be banned she'd have to commit an offence against the IRPA or be some kind of national security threat to be banned.

I agree that it's unlikely she'd be banned, but it's certainly possible, especially if they discover misrepresentation, but also if they think there is a serious threat of you intending to remain in Canada permanently. Check these examples:

I got married to a Canadian in May after 8 years of being engaged. This was because of the border agents sending me back (and getting banned) in 2002 because it was "Not proper or appropriate to visit Canada because you met someone on-line".

... Even if I get a PR, I will forever be double screened because of a "Moral" border agent who felt impelled to exert his interpretation of Canadian Law. He told me as I was sent back " unless you have the cure for Cancer, you are never coming back"

If you bring all of your stuff, you will be accused of moving into the country. Also, do not tell them you want to stay for more than a month, again they will try to accuse you of trying to immigrate illegally. The border is not the same as the legal system. They treat you as guilty until you prove yourself innocent, its quite a horrible thing. My girlfriend tried to come over saying she was staying for four months, with a car full of luggage, and they not only turned her around, they banned her for a whole year! Its not fair at all, but there is nothing we can do to change it.

By the way, I don't agree that anything more than a month is suspicious (though 6 months is, a little), and we got in for 3 months with a car completely stuffed full of clothes and food and other small items. We did have a mostly-complete PR application with us, but we had no fee receipt and the IO only gave my partner 3 months when he had asked for 6. She cited "lack of sufficient ties to the U.S."

 

[addntox]

No No totally understand. I mean its unlikley you'll be banned for just saying you're coming to visit and being allowed to withdrawl the application to enter. If you say you're coming here and dont intend to leave, or they discover your intentions are different from what you tell them, then you are at their mercy.

As far as a CBSA agent saying " unless you have the cure for Cancer, you are never coming back" ultimatly its not their decision there's procedural practices in place to assure fairness. The moment i got home if a border agent said this to me in front of a witness id be calling a lawyer.

 

[iarblue]

Dont fool yourself at the power the border patrol has on either side,you can get a lawyer and try and fight their decision, but if it ever came down to any judge trying to overturn a decision made at the border im afraid by that time you will be retired,in a home,or on your last leg.
They also have the authority to do what they feel is appropriate,whether they ban you wich they can do at anytime,or just flag your passport so eveytime you cross you would wish you had not.They can make your life hell.
If your wife or fiancee is coming for a visit say that,if you have a application in process tell them,dont lie you may wish you didnt later in the process.

 

[BeShoo]

I mean its unlikley you'll be banned for just saying you're coming to visit and being allowed to withdrawl the application to enter.

Regarding, the OP's question, "Do I tell them that she's here to stay as my wife...?" That's wording that I would never risk using. Telling them "she's here to stay" is just the kind of thing that might get her banned if they took it the wrong way. "Saying you're coming to visit" won't get you banned, unless it's clear that you have no intentions of staying temporarily.

As far as a CBSA agent saying " unless you have the cure for Cancer, you are never coming back" ultimatly its not their decision there's procedural practices in place to assure fairness.

I agree that language like that is totally uncalled-for. If you look back at that old message that I quoted you'll note that he didn't get banned forever and he clearly didn't dicover the cure for cancer either. I don't know what he said to them to earn the ban, but attitude and how you word things are important. It always comes down to a judgement call for the border agent.