Re-entry problems

[Hawk&UK 0]

My sister went to Canada a month ago to visit her friend in Regina. She and her friend plan on being married sometime in the future but in the meantime she is looking into permenant residence in Canada via a work visa or enrolling in school there or the possiblity of marriage.

The first time she visited was for a week or so this past winter. This time she planned on staying a little longer. She had been there for a month or so when tragedy struck our family back here in the US. A family member was murdered and she and her friend drove back for the funeral. After the funeral they drove back and arrived at the border in North Dakota today and this time she was interrogated and asked more questions. She got denied at the border because they said she didn't have enough ties to the US to be accepted as a visitor.

The problem is when she had left for Canada a month ago, she let her apartment go and moved in with our father. And furthermore, did not have her address changed on her driver's license and passport to comfirm this. Now she has to get on a bus and come back home tomorrow. I want to know if anyone has any advice on what she should do next......

The two of them want to be married, but he is not free to marry yet because his divorce has not been final long enough. But even then, I'm not sure if it is that simple. I think you still have to apply for some spousal visa. Im not clear on Canadian policies. My husband and I just went thru this process with the fiance visa, he coming from England, with no problems....Plus we went thru an immigration lawyer.

Im at a loss on how to advise her.....Any advice is very much needed and appreciated.....

[MrsCat 6]

She might want to start here:

http://www.cic.gc.ca/English/immigrate/sponsor/spouse.asp

Not certain, but reading the information there it seems like they might be able to apply under the conjugal relationship status, if an immigration barrier prevented them from living as husband and wife. However, if they cannot provide evidence of a relationship akin to common-law status or a marriage (ex: commingled assets, joint assets) it may be denied. If they're engaged, then they are not allowed to apply under this status. If they've lived together for a year, then they could apply as a common-law spouse. Doesn't sound like this is the case.

Sorry, can't add much more than that.

[Kathryn41 3,205]

I am sorry this happened, but unfortunately, there isn't much she can do until she can provide sufficient ties to the US to prove to Canadian immigration that she isn't intending to just live in Canada without a proper visa. While she says she was visiting, she has no job in the US, no home (except for her father's), and her US identification hasn't been updated. On the surface, it very much does sound like she was trying to 'live' in Canada and by her own statement that she wishes to obtain PR status in Canada, possibly through work, as a student or marriage, the border authorities were merely doing their job. She was an immigration risk on paper and in person.

She needs to get a job in the US, have a residential address with some sort of lease to verify she has a financial responsibility towards that address, utility bills, things like that. I have known of other Americans who are in the same situation. In cases like this I find it useful to remember something a US border officer once told me when I didn't have sufficient identification when trying to enter the US (years ago) - Don't ever forget This is a Foreign Country. We are so used to having a very permeable border that we tend to forget that we are subject to immigration regulations and that the border authorities can deny us entry any time they feel we pose an immigration threat. It is our responsibility each and every time to provide enough evidence to reassure them we pose no risk.

Yes, Canadian immigration does not have a fiancee visa. Your sister and her fiancee can get married when he is eligible to remarry. They can then complete a spousal immigration package together - he completes a sponsorship package and she completes an immigration package then both are submitted together. If she is in Canada with a legitimate immigration status they can apply for 'in country processing'. If she is in the US they can apply for 'out of country' processing. Both have their pros and cons and cost the same.

In the meantime, she can go to the appropriate Canadian Consulate servicing her area of the US and request a written visitor's visa. She will need to provide evidence of her ties to the US and she will have to have a defined period of time for her visit. Her success will depend on her proving she has funds to support herself and sufficient ties to the US to ensure her return. Work visas are initiated by the employer after obtaining permission to hire a non-Canadian as there are no Canadians available to do the job; study visas require an admissions offer from a Canadian College or University and proof of financial ability to pay to qualify.

Here are some useful links she should check out: to visit: http://www.cic.gc.ca/english/visit/index.asp

to work temporarily: http://www.cic.gc.ca/english/work/index.asp to study: http://www.cic.gc.ca/english/study/index.asp

immigrating through permanent work or through family: http://www.cic.gc.ca/english/immigrate/index.asp

All avenues will require a degree of paperwork and time. It isn't going to happen quickly.

I know that this isn't what she wants to hear but unfortunately, Canada, like the US has a proscribed route for immigration and just moving across the border to live there as an 'extended' visitor isn't one of them.

Edited July 29, 2008 by Kathryn41

[Reba 2]

She might want to start here:

http://www.cic.gc.ca/English/immigrate/sponsor/spouse.asp

Not certain, but reading the information there it seems like they might be able to apply under the conjugal relationship status, if an immigration barrier prevented them from living as husband and wife. However, if they cannot provide evidence of a relationship akin to common-law status or a marriage (ex: commingled assets, joint assets) it may be denied. If they're engaged, then they are not allowed to apply under this status. If they've lived together for a year, then they could apply as a common-law spouse. Doesn't sound like this is the case.

Sorry, can't add much more than that.

Conjugal partner applications are really tough to do, and from what I've read, rarely approved except possibly if the beneficiary is from a third world country and hasn't been able to travel to Canada ever.

Hawk&UK, have your sister check out the forums at http://roadtocanada.com/ Lots of helpful people there going thru the process. If she and her boyfriend get married, they can apply for her permanent residency "out-land" which in most cases is taking less than a year to process. In some cases, only about 4 months.

[Hawk&UK 0]

Thank you....all of you for your replies.... I didn't think there would be any quick fix for this. I do believe it was their original intention to apply for permanent residency once they were married. It was a matter of time before they were able to accomplish this. And I think they were counting on Canada's liberal visitors visa 6 month time limit to aide this, although they would have been married way before 6 months would have been up. But this unforeseen tragedy in our family made it all so complicated. My sister agonized over the choice of whether to come back for the funeral or not. Her fiance was so brave to bring her back to us when we needed her. But now it has cost them both dearly. She'll be on her way home today by bus. It's going to take two days to get back to Ohio and she has very little of her own belongings. Most of her personal stuff is in Canada and her household goods are in storage back here in Ohio.

With the tragedy in our family and now this, I'm sure she can't take much more. It took alot of courage to do what she did and she and her fiance share a remarkable kind of love, which I'm sure they both know is worth waiting on. She is so crushed right now but I'll do my best and hug her when she gets back and help her make this all right. I'll pass on the links you all gave and hopefully she'll find some focus and peace of mind....

Thank you all, again....

Lisa

[trailmix 77]

Poor girl! She must be pretty depressed about all of this. Well I wish her luck, it will get sorted out!

[Carlawarla 1]

Thank you....all of you for your replies.... I didn't think there would be any quick fix for this. I do believe it was their original intention to apply for permanent residency once they were married. It was a matter of time before they were able to accomplish this. And I think they were counting on Canada's liberal visitors visa 6 month time limit to aide this, although they would have been married way before 6 months would have been up. But this unforeseen tragedy in our family made it all so complicated. My sister agonized over the choice of whether to come back for the funeral or not. Her fiance was so brave to bring her back to us when we needed her. But now it has cost them both dearly. She'll be on her way home today by bus. It's going to take two days to get back to Ohio and she has very little of her own belongings. Most of her personal stuff is in Canada and her household goods are in storage back here in Ohio.

With the tragedy in our family and now this, I'm sure she can't take much more. It took alot of courage to do what she did and she and her fiance share a remarkable kind of love, which I'm sure they both know is worth waiting on. She is so crushed right now but I'll do my best and hug her when she gets back and help her make this all right. I'll pass on the links you all gave and hopefully she'll find some focus and peace of mind....

Thank you all, again....

Lisa

I'm so sorry to hear about everything that's happened...from the tragedy in your family, to your sister not being able to get back into Canada. I don't know what her boyfriend does for a living, but he could come to the US for up to six months while they're awaiting the visa process...or now even. I do have a question about an earlier sentence where you said that her boyfriend is now divorced but something about the "waiting period"? There shouldn't be anything other than a 30 day wait to remarry now that he's divorced.

[Hawk&UK 0]

The divorce is just a few days from being final so they have 30+ days to wait on that. As for the US....it is not as nice as Canada's policy. The visitor's visa is only good for 90 days. My fiance was able to utililize this when we went thru the process last year. Her boyfriend works for a government agency which is good in some ways because it's stable, but I don't think it has any affiliation with immigration. Also, I think they were very generous to allow him a week's time to bring her back for the funeral and now another day today to deal with having to send her back here. There are just alot of pieces to pick up now and they are both going to need strength. But my husband and I both are testament of this strength and faith, as are all of you who are on this site and the many others who go thru this process....

[Mephys 2]

The divorce is just a few days from being final so they have 30+ days to wait on that. As for the US....it is not as nice as Canada's policy. The visitor's visa is only good for 90 days. My fiance was able to utililize this when we went thru the process last year. Her boyfriend works for a government agency which is good in some ways because it's stable, but I don't think it has any affiliation with immigration. Also, I think they were very generous to allow him a week's time to bring her back for the funeral and now another day today to deal with having to send her back here. There are just alot of pieces to pick up now and they are both going to need strength. But my husband and I both are testament of this strength and faith, as are all of you who are on this site and the many others who go thru this process....

It is different for Canadians visiting the US. You can be allowed 6 months at a time, unless the officer at the border decided otherwise.

[Hawk&UK 0]

That is good to know! I wish I could have had my husband here for 6 months when he came from England! The three months went by so fast....I'll never forget that pain, nor take it for granted. One day soon my sister will know the relief of putting all of this behind her. She and her fiance will get thru it all. He is very supportive.....