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MissyS

Star Member
Nov 25, 2009
65
1
Vancouver
Category........
Visa Office......
Los Angeles
Job Offer........
Pre-Assessed..
App. Filed.......
01-09-2010
Med's Request
22-10-2010
Med's Done....
05-24-2010
Passport Req..
06-12-2010
I sent in my application for PR in early June, while I was staying in Canada with my Canadian husband on a visitor permit, which expires in September. I have been in the US visiting family for the past 5 weeks, and plan to return to Canada to stay with my husband next week. I feel pretty anxious about what I should say to the Immigration Officer when I have to show my passport. Should I say up front that I am visiting my husband, and have PR application in progress? Or should I just say I'm visiting my husband, and not mention the PR application? I have copies of my application, proof of payment, my marriage certificate, etc. with me. I'm just so scared of doing/saying something wrong, and being denied entry. Any advice from those of you who have been in this situation would be greatly appreciated.
 
Your visitor permit was invalidated when you left Canada. An officer, on entry, can decide to allow you to re-enter on it, but it's not a re-entry permit, and if you show it, you're also letting them know that you've already spent a significant amount of time in Canada and that you consider this to be "home". Because you have applied for permanent status, you can no longer convince the officer who interviews you on your entry to Canada that you only intend to stay temporarily. There is such a thing as "dual intent", which says that a PR ap in process does not preclude you from proving intent to stay temporarily, but because of your ties to Canada, and your lack of ties to the States, you risk not be allowed to enter.

It's really best if your husband can meet you State-side and accompany you back into Canada. He speaks on your behalf - basically proving that you have a qualifying relationship, a PR ap in process, and a willing sponsor who can support you financially so you won't work illegally. Obviously you can provide the same documentation - but, because you're not Canadian, they don't have to consider it. When he provides it, they have to consider it. When they can be reasonably assured that you will eventually be granted permanent status and not stay in Canada illegally, they're more willing to grant you temporary status. There's information on how to do this on the US2Canada website - at the Visiting tab with the information about Visitor Records. I think proceeding that way is your best shot at getting back into Canada and getting documented status that you can apply to extend from within Canada if your PR is not finalized by the time that's due to expire again. Anytime you leave Canada - especially with a PR ap in process - you risk not being allowed to re-enter. Hopefully you did not apply via the inland PR process.
 
No, I had the foresight to apply outland, thank goodness. Thanks for your answer, RobsLuv.
 
I really doubt you'll have a problem...I have a visitor's record that's good for another 6 months and I cross the border about once a month. Yes I know that technically its invalidated, but I've never had a problem. I always tell them I live in Canada and that I'm in process for immigration. Now that I have my CSQ (a quebec-only thing) I tell them that I have that as well.

They'll be able to look you up in the system as long as your sponsorship has been approved. Even if you're not in the system yet you should be able to get a VR if you have proof of funds and health insurance to cover at least another 6 months. My first VR was only good for 40 days because I didn't have those two things and when I went back to get a second one they said that I was fine for now with my new VR but that if I wanted to get a 3rd one I'd have to be in the system.


Basically don't show up with a car load of stuff (keep it in the trunk at least!!) and have proof that you won't be a drain to the economy or work illegally. It helps to have your Canadian half with you, but again, I cross nearly monthly all by myself and never had a problem. But I ALWAYS bring all my paperwork just in case.
 
MissyS said:
No, I had the foresight to apply outland, thank goodness. Thanks for your answer, RobsLuv.

Yes, listen to Robsluv.
 
I can't really agree with everything RobsLuv says here, and I also think she might be a little too pessimistic.

RobsLuv said:
Your visitor permit was invalidated when you left Canada. An officer, on entry, can decide to allow you to re-enter on it, but it's not a re-entry permit ...

First of all, it's not a "visitor permit" and it doesn't really "permit" anything, really. It's a "visitor record" (VR) and it records the fact that you've been asked to leave by a certain date. It's true that it doesn't authorize re-entry, but it doesn't prohibit it either.

It really says nothing about re-entry, but it does record the fact that some officer decided it was okay for you to stay until September. Nowhere that I know of does it say that leaving the country invalidates this. You still have to leave by September ... if you are let back in.

The officer at the border has to weigh the evidence and decide whether you are going to stay past the date that you're allowed to stay. It's helpful to the officer to know that someone else already looked over the evidence and decided that it was okay to stay until Spetember. They will mainly want to know if something has changed that would make it unwise to continue to let you stay until September.


Because you have applied for permanent status, you can no longer convince the officer who interviews you on your entry to Canada that you only intend to stay temporarily. There is such a thing as "dual intent", which says that a PR ap in process does not preclude you from proving intent to stay temporarily, but because of your ties to Canada, and your lack of ties to the States, you risk not be allowed to enter.

I don't agree that she "can no longer convince the officer". So long as she's still planning to leave when the VR says she has to, and she won't work or study, and she hasn't become a criminal in the meantime or something like that, it should be okay with almost any border officer.

The face that she was in the U.S. visiting family strengthens her claim to ties with the U.S., if anything, and the very fact that she went there helps to show that she is willing and capable of going back to her family at any time.

Let me tell you my experience. I brought my partner to Canada in early February of this year. He was a couple of days short of being evicted and he had no money at all. We moved him to his dad's place overnight then came to the border with the PR forms 90% filled out. We told the officer at the border he was my partner and we were about to apply for PR. The secondary officer didn't like the fact that we hadn't sent in the application yet and that we hadn't even gotten a fee receipt. She gave him a 3-month VR anyway, even though she thought he had insufficient ties to the U.S. She urged us to get the application in and apply for an extension.

We applied for the extension and that came in about 7 weeks ago. So, 2 weeks ago, against advice we had received here, we had to go back to the U.S. to get some summer clothes. We waited as long as we did because there was a family reunion 2 weeks ago. We still have not sent in the application because of various delays, but we have amassed hundreds of pages of evidence to add to the forms we filled out in February. We really tried to send it before our weekend visit but it just wasn't quite complete, so we took everything with us, including the receipt for the medical check, that the extension said we needed to get done within 90 days (we did that long ago).

The interview at the border was very brief. How long were we gone, why did we go (to get summer clothes and we mentioned the reunion later), what was the value of things we were bringing back. He looked at the VR attached to the passport and asked my partner when he was going back to the U.S. He replied November 2 (same as the deadline on the VR). The officer waved us through. We have never been through the border together in less than 20 minutes before and never without a secondary inspection.

It's a good thing it went quickly too, because my partner had us booked on a surprise dinner cruise through the 1000 Islands and we made it there from the border with only about 15 minutes to spare before the boat started boarding.
 
BeShoo said:
I can't really agree with everything RobsLuv says here, and I also think she might be a little too pessimistic.

First of all, it's not a "visitor permit" and it doesn't really "permit" anything, really. It's a "visitor record" (VR) and it records the fact that you've been asked to leave by a certain date. It's true that it doesn't authorize re-entry, but it doesn't prohibit it either.

It really says nothing about re-entry, but it does record the fact that some officer decided it was okay for you to stay until September. Nowhere that I know of does it say that leaving the country invalidates this. You still have to leave by September ... if you are let back in.

The officer at the border has to weigh the evidence and decide whether you are going to stay past the date that you're allowed to stay. It's helpful to the officer to know that someone else already looked over the evidence and decided that it was okay to stay until Spetember. They will mainly want to know if something has changed that would make it unwise to continue to let you stay until September.


I don't agree that she "can no longer convince the officer". So long as she's still planning to leave when the VR says she has to, and she won't work or study, and she hasn't become a criminal in the meantime or something like that, it should be okay with almost any border officer.

The face that she was in the U.S. visiting family strengthens her claim to ties with the U.S., if anything, and the very fact that she went there helps to show that she is willing and capable of going back to her family at any time.

Let me tell you my experience. I brought my partner to Canada in early February of this year. He was a couple of days short of being evicted and he had no money at all. We moved him to his dad's place overnight then came to the border with the PR forms 90% filled out. We told the officer at the border he was my partner and we were about to apply for PR. The secondary officer didn't like the fact that we hadn't sent in the application yet and that we hadn't even gotten a fee receipt. She gave him a 3-month VR anyway, even though she thought he had insufficient ties to the U.S. She urged us to get the application in and apply for an extension.

We applied for the extension and that came in about 7 weeks ago. So, 2 weeks ago, against advice we had received here, we had to go back to the U.S. to get some summer clothes. We waited as long as we did because there was a family reunion 2 weeks ago. We still have not sent in the application because of various delays, but we have amassed hundreds of pages of evidence to add to the forms we filled out in February. We really tried to send it before our weekend visit but it just wasn't quite complete, so we took everything with us, including the receipt for the medical check, that the extension said we needed to get done within 90 days (we did that long ago).

The interview at the border was very brief. How long were we gone, why did we go (to get summer clothes and we mentioned the reunion later), what was the value of things we were bringing back. He looked at the VR attached to the passport and asked my partner when he was going back to the U.S. He replied November 2 (same as the deadline on the VR). The officer waved us through. We have never been through the border together in less than 20 minutes before and never without a secondary inspection.

It's a good thing it went quickly too, because my partner had us booked on a surprise dinner cruise through the 1000 Islands and we made it there from the border with only about 15 minutes to spare before the boat started boarding.

I'm glad you didn't encounter a problem!
 
Thanks for your replies, everyone. I'm still a little nervous because I will be arriving by plane, without my husband, who didn't accompany me to the States. I don't know whether or not I should mention the visitor record. I guess I will just have to play it by ear, but I'm terrified of doing or saying the wrong thing.
 
definitely mention the VR, they'll be able to see it in your passport and it most likely shows up when they scan your passport anyways. Be up front and honest. If you try to hide something little like this, they might pick up on it and think you are hiding something big (which you aren't).

Just bring all the info you have, proof you've paid for the application, proof you've mailed it, proof of your FBI report, your medicals, everything. This shows that you know how to follow the rules and the fact that you did in fact leave before your first VR expired shows that you will leave again if required. Deep breath! You should be fine!
 
tgchi13 said:
I'm glad you didn't encounter a problem!

I'm glad too. I forgot to mention that the dinner cruise was his present to me for my 50th birthday. That's why it was a secret surprise. All I knew was that we had to be in Kingston at 5:30 on that day. He wouldn't tell me anything else.

I actually don't think that we mentioned the PR to the officer. He didn't ask, so the topic really didn't come up, but I assume that he's probably able to see notes on his computer.
 
As set forth in the operating manuals border officials are generally advised to let spouses of canadians with applications in process providing they are convinced that they would leave should the application be refused, before 1st stage of approval it is more of the officers discression. At first stage of approval they are advised if no inadmssibility issues arise and they feel the person would leave Canada if refused pr they're to be allowed to enter. Coming frm a visa exempt country it's doubtful you'll have anything to worry about
 
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