Hello, I have recently found out about this so called "visitor record" that my American fiance is apparently able to get while we file for his PR residency up in Canada. As much as the border intimidates us, is it really as simple as
http://us2canada.com/visitorrecord.php says it is? Does any one have any advice to share about obtaining this status?? He is coming up on the 23rd of March, we are marrying on the 27th, and his return ticket is for April 12th. Can he just go across the border and come back in again as long as I re-enter with him and ask for this visitor record for him? I know we need to be married at that point..thats why we cant do it on the 23rd..and need proof of the PR file somehow. (which will not be complete at that point) Are there any risks involved with doing this??
Thanks!
You don't even need to have the proof of PR file if you are married, and you explain to them that you are in the process of filing it. Its certainly better if you can prove it, but i was given a visitor entry without it. Any other proof you can bring will help as well, such as a copy of your job contract showing your salary, or bank statements showing your savings. Anything to show that you will be able to support your loved one (because they will not be allowed to work till the PR status is complete).
When traveling in the future. Its best to enter canada together each time (from what people have said on the boards). And while the visitor record doesn't "Guarentee" re entry. From my experience i haven't had any issues going across multiple times back and forth. (I had always been with my wife at the time).
It's never "easy" - but it's possible. The thing to remember is that it's always at the discretion of the officer interviewing whether to allow the foreign national to enter Canada.
You will need to have a certified copy of your marriage licence and he will need a valid passport. You should also carry proof that you will be submitting a PR application (you can pay the application fees and provide a copy of the receipt as proof). One of the things you'll need to submit with the PR ap is a letter from your employer that tells your date of employment, position and salary - if you can have a copy of that letter with you when bringing him into Canada, it will help you demonstrate that you can support him while he's in Canada so he won't work illegally.
You should have everything with you, but don't give any of it to the IO unless it's specifically requested. Some IOs will ask for proof of intent to apply for PR - others will take the sponsor's word for it. Same with proof of employment. Just be prepared. Oh, and he will not be able to bring a bunch of his stuff with him - it's imperative that you understand that he's not being admitted to
live with you - he's being admitted to
visit, for a period of time authorized by the IO, and the VR gives you the ability to
apply to extend that status from within Canada if it's due to expire and PR has still not been finalized.
Saw this post as a "reply" in another thread . . . usually you'll get better responses by starting your own thread (and referring back to the other thread, if necessary), rather than posting a question as a reply to someone else's thread. So I brought this over here to your thread so you'll get better exposure.
Chiisuchina64 Wrote:Based on this thread, perhaps someone can answer me some quick questions. Allow me to explain my scenario:
I am Canadian, fiance is American. he is coming up on March 23th 2010 and his return ticket is for April 12th 2010. We are getting married on March 27th 2010, and I recently found out about this extension on visits business. I am very excited to know that he may be able to stay with me after the wedding! He will be coming up on a "visit" (hence the return ticket), but my questions are..
1) how soon must we apply for him to extend his visitor status? Do we have to be married first ( so we would have to wait til after the 27th?) or can we do it as soon as he arrives?
The extension application only has to be received by CPC-Vegreville BEFORE the status he's given on entry expires - and you'll want to be able to prove that you've legally married - so don't apply too early. Be sure you track the mailing of the extension ap and get delivery confirmation - you will not hear anything back from them for about 100 days, during which time he'll be in Canada legally under "implied status". Should you need to demonstrate that he's still "legal", you'll need proof that you submitted an extension ap. Another part of the process is that he will need documentation of his entry date to Canada - and coming from the States, he will very possibly not get that. And it's not like he can just ask for it when he enters - that could raise some red flags for them.
If he gets a stamp in his passport, you'll be able to apply to extend his status - if not, it's best for you to leave Canada with him after you have proof that you're legally married, and then re-enter together and you speak on his behalf to get him extended status to remain in Canada with you until his PR is finalized. There's more info about "Visitor Records" at
this US2Canada link.
Chiisuchina64 Wrote:2) how long does it take to be approved?? We were going to do it online via the CIC website online application. Would it be approved before he technically has to leave on the 12th?
Again, as long as they receive the application before his status expires, he has "implied status" to remain in Canada. As far as applying online - this is a new thing and I don't know what type of confirmation you actually get of them having received the ap. I've paid the fees online, but I always submit an actual paper application that can be tracked. If they give you the ability to get confirmation of having submitted the ap online, that's one thing - but if not, it's not that big a deal to print out the paper ap and put that in the mail. Maybe someone here who has experience filing online can give you some insight into how it works. The important thing is that he will be in Canada legally, under "implied status", as long as his application is received by CIC before his status expires. You'll want to be able to have confidence that's the case, so be sure you can either get that via the online process, or else mail the ap and get delivery confirmation.
Thank you so much for all of the information! I had posted as a reply on that earlier thread and realized I should just start my own thread after reading up and learning a little more on the subject.. So, just to be clear, if the Vancouver airport stamps his passport upon entry, he can apply to extend his visitor status (the stamp being proof enough of date of entry and proof of visitor status) and thus getting to avoid having to cross together to get a visitor record, and at this point in time he will have Implied status? Otherwise, He will have to fly to Seattle (or somewhere in WA) with a one way ticket and I will have to meet him down there and drive back up to Canada with him together (as husband and wife with all of our proof) to get the visitor record at the port of entry? Is that correct? Also again.. thank you for all of your help!
If he arrives via air they
almost certainly will stamp his passport - which is a good thing. Unless for some reason they decide to give him less, he'll be good for 6 months
and have proof of his entry - all good things.
Chiisuchina64 Wrote:Thank you so much for all of the information! I had posted as a reply on that earlier thread and realized I should just start my own thread after reading up and learning a little more on the subject.. So, just to be clear, if the Vancouver airport stamps his passport upon entry, he can apply to extend his visitor status (the stamp being proof enough of date of entry and proof of visitor status) and thus getting to avoid having to cross together to get a visitor record, and at this point in time he will have Implied status? Otherwise, He will have to fly to Seattle (or somewhere in WA) with a one way ticket and I will have to meet him down there and drive back up to Canada with him together (as husband and wife with all of our proof) to get the visitor record at the port of entry? Is that correct? Also again.. thank you for all of your help!
Just thinking about this as well.. what if customs does not stamp his passport when he enters Canada? (for whatever reason) Can we still apply to extend his visit before he goes home on the 12th (his return ticket date). The self assessment test on CIC said that he was eligible without a visitor record or passport stamp but you must submit your application within 90 days of the expiry of your status. Is his "status" technically 6 months so he can just stay beyond his return ticket date? And once the application is sent he will implied status until the decision? Or is that considered over-staying/lying etc? we just dont want to risk things.
Yes, it is not necessary for an American citizen to have documentation of the entry into Canada to apply for the extension.
Also, there really is, rarely, much need for an American to "ask" for a VR.
Not sure at which stage of the online process you get the "within 90 days of the expiry . . . " notice. That sounds like an app to restore status, for which there is no "implied status" while the app is in process.
If an American is allowed entry to Canada without imposition of specific limitations, that is, no VR (which would have a "must leave by date") or passport stamp with an expiration date, they are allowed to remain in Canada for six months from the day of entry. That is not shortened by having an earlier return ticket, promising to leave sooner, or even a verbal admonition about leaving sooner, unless documented as an expiry date or "must leave by date." Technically the app to extend should be submitted at least thirty days prior to the end of current status, though everyone I know (including myself) who has submitted the app to extend with less time than that remaining, but so that it is delivered prior to the last day of status, has not had any problems (at least not due to the date it was submitted).
Thank goodness for you guys and this forum! Thank you, that clears up so very much!
A VR or stamp on the passport will do. We got married in the states, the US customs officer was trying to trip her up and see if she was getting married. In the end, she told them if we got married I'd being going to Canada anyways.
Once we were married I did come for a couple weeks visit customs at the airport did not stamp my passport.
That was ok, because when I came to stay for a bit we planned on driving through the border. By the time I got there, after the flights and all and the 4 hour or so drive to the border I was up over 24 hours.
We finally arrived at the border, I'd be lying if I said we weren't nervous. We told them at the booth what the situation was, got handed a yellow slip of paper and went into the office.
I didn't tell them I wanted a stamp or VR. I told them what we wanted to do (luckily we didn't get the PO'd IO that was yelling at a co worker - we got a nice young woman - I think that hadn't done it before).
We had our marriage certificate and application receipt, we had sent the package in full. I just told her that I wanted to stay there while we waited for the application process. She did a background check, asked about money set aside to support myself. I had money in the bank, which was good enough for her. She asked me what I did for a living and whether or not I'd be doing that in Canada (nope, no way). Basically she wanted to make sure I knew I cannot work.
The whole process took about 20 minutes, she gave me a 6 month VR stapled to my passport and we were on our way.