Inland Sponsorship/Dual Intent Help or Advice

[Raidou]

Hello, everyone! It's a pleasure to meet all of you. I have been a frequent visitor of this site for a few months trying to find out what my wife and I should do about bringing our family together. We're currently having trouble just understanding the specific process we have to go through. I will start from the top.

I am a U.S citizen (I'm still in the U.S) and my wife is a Canadian citizen and will be my sponsor. My wife and I got married January 30, 2016. I spent 12 days total that month and I haven't been back in Canada since then. After many months of deliberating and researching we decided to finally go with Inland Sponsorship. My wife has everything she needs on her end, birth certificate, option c, marriage certificate, etc. I have my birth certificate, passport, and I will be getting my fingerprint card this week and will fill out my police certificate application and send it that same day if possible and wait for the results. Since we're doing inland, we figured I would do my medical exam there in Canada. We are also compiling all we have on our relationship and preparing them in our binder to present to Immigration when needed (Wedding photos, Skype Chats, etc). We are hard at work on trying to do everything right the first time. But as I've been researching and reading, concerns have started popping up in my mind and I was hoping if anyone can possibly help us, give us guidance, tell us what we should do, should've done, what we shouldn't do, etc. Here are all of our questions and concerns...

I don't have a visitor's visa, I have a U.S. passport. I always figured I would be okay this way and that my passport is just an alternative. But what worries me is that since we are set on doing Inland Sponsorship and we believe that we need to be physically together to fill the applications, will my passport still be able to get me to Canada while trying to prove dual intent? And then that raised another question for me, how am I going to prove to the border that I have dual intent when I actually plan on doing inland sponsorship with an Open Workers Permit simultaneously? And as many of you know, with inland it's not a good idea to leave Canada while the process is proceeding. So I don't know what I'm supposed to say or do when I get to the border. I want to tell the truth but then I'm basically telling them I don't plan on coming back to the U.S. because I don't. Do I need to apply for a visitor's visa and then once I'm through then I'll be okay to just begin the inland/owp process? Or am I okay with my passport like I've been doing the few times I'm able to visit my wife and step children? Or are there any other methods? It has us stressed and we don't know if we did everything in the correct order or we messed up somewhere along the line.

Any help at all will help us immensely. We just want to do everything right and finally bring our family together. Whether it be if I can actually get my medical done in Canada or how we deal with even getting me there through customs, any info will help us greatly. Thank you so much for your time. I really hope I've given all of you enough info on our situation. If not, I will fill in any missing points or details. Thank you, from both my wife and I.

 

[Decoy24601]

First of all, please apply outland. You can be in Canada while this processes. American applicants are processed through Ottawa and are taking anywhere from 2-5 months lately. Inland takes 2 years, minimum. The OWP takes 4 months. There's a good chance you might even have an outland application finalized before you would even get an OWP if you applied inland.

Also, you don't need a visitor's visa. Americans are visa exempt. I don't think you have an accurate understanding of what dual intent means. You don't "prove" dual intent to gain entry. http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp Dual intent simply means that you can have one intention to stay in Canada temporarily and one to stay in Canada permanently. This means that you can visit while having a PR application in process. It is perfectly fine to say you would like to visit your spouse while your application for permanent residence processes. CBSA officers are usually lenient with this, especially with visa-exempt people.

 

[Ponga]

Sorry...why did you choose the dreaded Inland route?!

Americans do not need (nor are they entitled to) a visitor visa. You simply show your passport to the CBSA officer and see what s/he says. Usually, you will get the automatic 6 month authorization, but it does depend on what your story is (if asked) and is at the discretion of the officer.

The overwhelming majority of Americans can complete the entire OUTLAND process in ~6 months (+/-) and can be IN Canada as a visitor (usually). Sure, you don't qualify for the OWP, but you also wouldn't be trapped in Canada for the next 2 + years. I say trapped, because if an Inland applicant opts to leave Canada and is then refused re-entry, their application is toast.

 

[Ponga]

Further to what Decoy24601 posted, you should be prepared to provide evidence that you still have (and will maintain) ties `back home', such as housing, employment/funds, bank account(s), etc., until your PR decision has been made, if the officer starts asking questions.

 

[Raidou]

Thank you all so much! We will definitely make adjustments then. It's a huge weight lifted off of our shoulders.

 

[canuck_in_uk]

Just to really push it, OUTLAND! Applying inland for an American is a HUGE mistake. There is a good chance you would have PR before the inland OWP even arrived.

In fact, some February American applicants have already been approved, so if you had applied outland after getting married in January, you might have already been a PR by now.

 

[Raidou]

Wow, I never knew the process has sped up this much for Outland applicants. Congratulations to all those that have made it! I hope my wife and I are able to see the same speedy results when we begin turning our things in.

 

[Aquakitty]

Wow, I never knew the process has sped up this much for Outland applicants. Congratulations to all those that have made it! I hope my wife and I are able to see the same speedy results when we begin turning our things in.

I think you have your answer, but just to note, "dual intent" means you still have to prove you are a visitor. Meaning, you need to show you will fulfil the visitor requirements and leave at the end of your time. If you are taking some form of transportation to Canada, make sure you have a return ticket. If you are driving, just bring something to show ties to the USA(such as a job, house or rental agreement, even if you no longer live there, ) and a bank statement.

As long as you aren't showing up at the border with a uhaul and all your stuff, you likely won't be scrutinized to harshly, but it doesn't hurt to cover your bases.

 

[Raidou]

Thank you very much! I will remember all of this. Anything that will make my family finally whole. But yes, we will make sure that we are ready for each and every step we take.