Travel to Canada as a tourist every weekend while waiting on PR?

[sparkle]

Hello,

My fiance (H1B Visa holder) works in Detroit while I stay in Toronto (Canadian PR). We are getting married in August and will be applying for his PR immediately. However, while we are waiting for his PR, we are planning to apply for Canadian tourist VISA for him just before the marriage, so that he can enter the country for atleast 6 months after the wedding. Would it be okay for him to cross the border every weekend with intention to meet his wife while his PR sponsorship is still in process ?

Also, I am guessing the Canadian tourist visa is granted only for 6 months to H1 holders, so I want him to apply just before the wedding for him to have maximum time to enter canada while we wait for PR. But in case, his Tourist Visa expires and we are still waiting on PR, can we renew his tourist visa on grounds of him visitng canada while the Permanent residency is under process?

Our final solution will be to stay in Windsor, so even then, I am hoping it shouldn't be a problem if he crosses border everyday?


Thanks.

 

[RobsLuv]

Not sure what country your fiance is from and that could have some impact on his ability to enter Canada - but, normally, someone with status in the States can enter Canada as visa-exempt . . . which means you do not have to apply for a tourist visa for him to enter Canada. He should be able to enter (or not) depending on the discretion of the immigration officer who interviews him at a Canadian port of entry.

What you have to remember is that there is never any guarantee that a foreign national - visa-exempt or not - will be allowed to enter Canada at any given time. Non-visa-exempt nationals need to apply in advance of their travel; visa-exempt nationals are, essentially, applying at the port of entry. If he's traveling back and forth, and he's considered visa-exempt, he'll be applying to enter every time he comes to see you. If he can prove that he intends to return in a reasonable amount of time, it shouldn't be an issue. But it's always an option for the officer who interviews him to get pi$$y about the fact that he's married to a Canadian and has a PR ap in process because, having applied for permanent status, he technically can't prove he only intends to stay temporarily . . . so he should be prepared to be hassled and to show them that he has a job or whatever that will compel him to return to the States regularly until such time as he is granted permanent status. There is such a thing as "dual intent" which specifically says that simply having filed an application for permanent status does not preclude someone from being able to prove that their intent is to stay only temporarily - but, in my experience, most CIC officers either don't understand dual intent, or they don't agree with it so they don't adhere to it. Case in point: I have been married to a Canadian citizen for three and a half years and my PR application was refused over two years ago in a decision that was not valid in law. While we were waiting for our appeal hearing a CIC officer refused to extend my temporary status because I could not prove I only intended to stay in Canada temporarily. This, in my opinion, completely goes against what "dual intent" is about - but they don't care. They use whatever they can to throw their weight around and - because it's your life it affects and you guys have the most to lose, you're the ones who have to play the game. Just be sure you have a pretty good idea of the rules - and those aren't always easy to figure out.