Subject: Can my American husband cross the Canadian border with the
intent to stay
Expert: taxman at centa.com
Date: Tuesday February 21, 2006
Time: 06:01 PM -0800
QUESTION:
Hi,we have been married 6 years and living in Los Angeles, he is an American
citizen, I am Canadian. We would like to move to Vancouver together, by car,
in March. I was going to sponser him once we are in Vancouver, but now I am
wondering if they will let him across the border if we are coming across
with the intent to stay, not just visitors. I have read elsewhere that the
immigration rules have changes and they will let you cross(?).
It seems silly that they would let him into Canada as a visitor, and then
file the sponsorship papers, but if we are honest about our intention to
stay they would refuse him entry.
Any advice you have would be most welcome.
Thank you!
--------------------------------
david ingram replies:
I wish I could give you a better answer. There is nothing you can do to
guarantee that he will be allowed into Canada. You may end up as many do
with him living in the US in Blaine and you in Vancouver or environs. It is
true that on February 18, 200"5" - i.e. a year ago, then Immigration
Minister Volpe made it much easier to sponsor a spouse form within Canada
when the spouse was already in Canada. To my knowledge, nothing was done or
changed to make it easier for your spouse to come to Canada for that purpose
and for some reasons, I would think that they would make it harder because
of the possibility. However, i have not heard or seen anything to that
effect. Of course, if you were up here and decided to stay, it would be
almost for sure, but if you show up at the border with a truck full of
furniture, be prepared for a possible turn down.
Every time you cross the border all past crossings are for naught. One call
I received today was from a Canadian Couple who have been in the US for ten
years. Yesterday, the husband was refused entrance to the US because of a
30 year old minor criminal conviction that just came to light. His job and
wife and children are in Los Angeles.
However, assuming that you have a green card and have been there long enough
for you to get your US citizenship, I have to suggest that you are better
off getting your US citizenship first. If you have committed to moving back
to Canada becaus you have a job, "both" of you can live in Blaine, he can
work in the US and you can get a Nexus card and commute to your job in
Vancouver while you wait for your US citizenship.
My mind is full of couples like yourself who come back or to Canada and then
want to return to the US and it takes you three years to get your US
paperwork done again. Why throw it away?
You "could" file form I-131 BEFORE leaving the US. This gives you the right
to keep your Green card alive while living out of the US. It has to be
renewed every year and the longest renewal I know is 8 years with three or
four usually being the limit. But this does give you a few years to return
easily "just in case" hubby decides that Canada is not for him.
You should be prepared for any eventuality.
The following forms are the ones you will need to file to sponsor him into
Canada.
------------------------------------------
THANK YOU FOR ANY HELP AND FORMS YOU CAN TELL US WE WILL NEED TO IMMIGRATE
THE WIFE FROM CHINA TO CANADA.
===================
david ingram replies:
The following deals with sponsoring a spouse into Canada:
I can not guarantee that you will not have any problems but if you have no
problems in any of your backgrounds and your lady in is good health, you
should be able to sponsor her by filling in the following forms by yourself.
If there are any "really" questionable situations, you should consult with
an Immigration lawyer. If there is nothing questionable that requires
privileged communication, you can and should consult with a member of the
Canadian Society of Immigration Consultants.
In general, you can likely fill them in yourself. If you do need help, you
can contact me.
You can start the process by going to:
1. http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf
This is a guide for sponsoring a US citizen spouse into Canada.
Publication 3910E
1.a http://www.cic.gc.ca/english/pdf/kits/guides/3903e.pdf
This is the Guide for sponsoring a spouse from MAINLAND CHINA
2. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf
This is the application form to sponsor - form IMM-1344A
3. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdf
This is the sponsorship agreement - Form IMM-1344B
4. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5481E.PDF
This is the Sponsorship Evaluation Form IMM-5481
5. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDF
This is a statutory declaration of a common-law marriage - FORM IMM-5409
6. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is the Sponsor Questionnaire - Form IMM-5540
7. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is an authority to release information - FORM IMM-5540
8. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5491E.PDF
This is a document Checklist - Form IMM-5491
9. http://www.canadapost.ca/tools/docp/CIC/bin/hpm-e.asp
This is where you order your official receipt
10. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008egen.pdf
This is your actual Application for Permanent Residence - FORM IMM-0008GEN
11. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008_1e.pdf
This is your Background Declaration - FORM IMM-008_1
12. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
This is your additional family information - FORM IMM-5406
13. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5490E.PDF
This is your spouse or conjugal partner questionnaire -= FORM IMM-5490
14. The Above PLUS a police report from your local police station (See
the guide for details) applies to those being sponsored from the UNITED
STATES. There is a separate brochure for every country. If you are reading
this and are from any other country (Australia, Brunei, Austria, Venezuela,
etc) goto
14a http://www.cic.gc.ca/english/applications/fc.html for other country
guides.
15. http://www.cic.gc.ca/english/skilled/assess/index.html
This is the self-assessment test for an individual to determine his or her
eligibility to immigrate to Canada without being sponsored by a spouse.
I know this will help you make your decision. If we can help you, remember,
that is what we do for a living. In particular you should goto
www.centa.com and click on and read US/Canada taxation BEFORE you come.
Be ALERT, the world needs more "lerts"
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