Wondering about the strength of my case

[kertrix]

Hi, I was hoping I could get some thoughts on the strength of my immigration case.

Life story:

I met my husband online in December of 2010. We were both members of a video game clan, and met when we both joined. Over a 6 month period, we became really close and decided to finally meet. I had a scheduled surgery in Chicago, so we decided that was the "best" time to meet(if its important, he helped me financially with the surgery by loaning me money for it). We met in Chicago in August of 2011. My surgery was 2 days after we met, so we had a few fun days together, going to the mall/theater and so on. Over the next 3 weeks, my husband helped me recover in Chicago. He took care of me, fed me, helped wash me and so on. Because of how intimate it was, we became very close very quickly. After my recovery in Chicago, we headed to Boston in an attempt to find a nice place for us to visit while I recovered over the next few months. Unfortunately we weren't able to find any good apartments, so we decided to visit Bowling Green Kentucky instead. Over the next 5 months we stayed in Kentucky, and then left for Canada. About a month after we entered, we had our small wedding done at my husbands parents house.

When we arrived in Canada, I was refused at the border as we were bringing too many things in and the officer wasn't comfortable with it. I stayed a night in the border town and then put all our belongings in storage. When I tried to come into Canada again, I was only given 1 week. I managed to extend this 4 months with a stamp extension request online.

Supporting documents:

• My husband was on our apartment lease for Kentucky
• We've spent the last 9/10 months living together
• We're trying to convert my husbands bank account to a joint account
• I've changed my last name on my bank account
• I've met his parents and very large extended family many times now
• We have chat logs from our first 6 months that would take thousands of pages to print
• He's met my family once
• Small wedding with only my husbands parents, brother and grandfather attending(more intimate?)
• Large reception a week later, with most of my husbands mothers side attending

Unfortunately, we don't really have very many photos. We're both quite introverted, so we don't really take photos. So what I'm worried about is CIC being upset at us only being able to send in about 6-7 photos, most of them of the wedding. I'm also worried about the duration of how long we've known each other. Can anyone offer any thoughts on the strength of our case?

Additionally, after I have to leave on May 12th, will I be able to come back right away (same day)? What would help convince the guard to me in for 6 months while I visit with my husband?

Thanks so much.

 

[scylla]

I'll address your last question first.

There is no guarantee you will be allowed back into Canada. As you saw from your previous experience, this decision is up to the immigration official you encounter at the border. If you've had problems in the past, this increase your chances of having problems in the future. And if you are planning on leaving and then returning the same day - immigration could very well say that you're starting to behave like someone who is living in Canada rather than just visiting.

What can help to increase your chances of being allowed in is the following:

1) Being able to show strong ties to the US (preferably several of the following: property ownership, proof of employment, rental agreement, business ownership, school enrollment, bank accounts and other assets held, etc.)

2) Demonstrating that you are only visiting Canada (not trying to live in Canada) by: not packing like you're moving, not spending most of your time in Canada (i.e. spending most of your time in the US), having a return ticket and firm departure date, etc.

3) Being able to show that your have already filed a PR application and are working towards changing your status in Canada. Preferably, it's best to be able to show that you have already filed a PR application AND the sponsor has already been approved.

4) If you have #3, having your husband come with you when you cross the border and having him to all of the taking to say that you are only visiting, have already filed a PR application and know you are only allowed in as a visitor.

If you don't have any/most of the above, then I would definitely have a plan B in mind in case you're refused entry.

 

[Isometry]

Your case looks good to me, assuming that you have no potentially complicating factors you didn't mention--criminal records/ex spouses/previous visa attempts/glaring differences in culture/age etc. One thing that probably won't be an issue, but that you should keep in mind: If your surgery was because of a medical condition that will require lots of expensive care in the future, include enough proof to show that you're moving to Canada for your husband, not just for their medical system.

You knew each other for almost a year before you met in person, and then lived together for another 4-5 months before getting married. That doesn't seem hurried to me. Just make sure to tell the story in your application as well as you've told it here, including the explanation about photos--I only sent in about 20, and 7ish were from the wedding, and it was fine.

Send in whatever photos you have. Definitely send something showing that your husband helped you pay for the surgery, it helps show his commitment to you.

 

[kertrix]

Your case looks good to me, assuming that you have no potentially complicating factors you didn't mention--criminal records/ex spouses/previous visa attempts/glaring differences in culture/age etc.

Thankfully no, I've never had a criminal record, spouse or previous visa attempt.

One thing that probably won't be an issue, but that you should keep in mind: If your surgery was because of a medical condition that will require lots of expensive care in the future, include enough proof to show that you're moving to Canada for your husband, not just for their medical system.

I'll keep this in mind, thank you.

I'll address your last question first.

There is no guarantee you will be allowed back into Canada. As you saw from your previous experience, this decision is up to the immigration official you encounter at the border. If you've had problems in the past, this increase your chances of having problems in the future. And if you are planning on leaving and then returning the same day - immigration could very well say that you're starting to behave like someone who is living in Canada rather than just visiting.

What can help to increase your chances of being allowed in is the following:

1) Being able to show strong ties to the US (preferably several of the following: property ownership, proof of employment, rental agreement, business ownership, school enrollment, bank accounts and other assets held, etc.)

2) Demonstrating that you are only visiting Canada (not trying to live in Canada) by: not packing like you're moving, not spending most of your time in Canada (i.e. spending most of your time in the US), having a return ticket and firm departure date, etc.

3) Being able to show that your have already filed a PR application and are working towards changing your status in Canada. Preferably, it's best to be able to show that you have already filed a PR application AND the sponsor has already been approved.

4) If you have #3, having your husband come with you when you cross the border and having him to all of the taking to say that you are only visiting, have already filed a PR application and know you are only allowed in as a visitor.

If you don't have any/most of the above, then I would definitely have a plan B in mind in case you're refused entry.

Unfortunately, the only real tie I have to the US is my bank account. We're finishing my forms out for my PR soon, so the only thing we would have is a receipt of payment for application+PR fee. I could definitely get an Amtrak departure ticket for October and have my husband come down with me while I cross the border though it feels like having a return ticket, the PR receipt and my husband come down won't be enough though. This is really sad for us, we don't want to be apart.