We are planning to go to Canada on December 1st with the entire family. Each person is allowed two bags and we are taking no furniture. We are mailing our computers to my husband's home in Canada and we will officially be landing after PPR is complete. My concern:
We are still waiting on the FBI Clearance (45 days and counting...) for my newly turned 18 yo. Since the FBI clearance is the only thing still outstanding and we are approved otherwise (general consensus from the letter we received, would there be an issue with us traveling to Canada before we get the PPR? How exactly do thing progress?
My thoughts are: We continue forward for the trip (they are on one way tix and that may be an issue). We overnight the FBI report to the LA office when we receive it - according to the FBI we should have it this week. If we cross the border before we get the visa's issued, is that a problem? Or can we send our passports after we cross? I am concerned if we get the ppr and send them, we might not get them back in time for the trip? I also considered just flying to LA to drop them and pick them up but am not sure they do that there or not. I will be researching today in between trying to get ready for an entire household garage sale this weekend ....whee!!
Looking forward to your responses.
Thanks,
Deb
This is a complicated enough scenario you really do need to research it.
How it goes probably depends in part, perhaps in large part, on the particulars of your circumstances, the nature of the relationship, and so on.
Americans with a sponosored spouse app in process are usually allowed entry into Canada pending the outcome of the app. Emphasis is on usually. Not always. They enter as "visitors" and that means they are not allowed to move to Canada to live. But many Americans, accompanied by their sponsor, are allowed into Canada in circumstances similar to "moving" to Canada, but I think (not at all sure) this is ordinarily in circumstances where the sponsor is also moving back to Canada and the sponsored spouse is accompanying the sponsor.
Bottom line: there is no guarantee of being allowed entry.
Keep in mind that a foreign national (and that is, generally, anyone who is not a citizen or already a permanent resident of Canada) is not guaranteed entry into Canada. Americans (who are foreign nationals relative to Canada) can be and occasionally are turned back, that is not allowed to enter Canada. It is unusual, but still happens to hundreds, perhaps even thousands of Americans every year.
One way tickets may very well raise a red flag, cause problems at the airport POE, but if you are accompanied by your sponsor and you are clearly just visiting pending the outcome of the PR application, they are likely to allow entry and give you Visitor Records. But, again, there is no guarantee.
I do not know your background, length of marriage, and so on. How this goes may depend on such factors. If, for example, you and your sponsor have been married for quite some time and living together in the States, the odds of a problem at the POE are lot, lot less. If it is a recent marriage, the odds move some in the other direction.
Just a word of caution: you are not approved until there is a decision made and a visa issued.
OK - thank you for the info.
My husband I have been married 3.5 years. We have 2.5 year old twins and I have two daughters, 18 and 16 yo from a previous marriage. My husband is a natural born Citizen of Canada and I am a NBC of the U.S. We met 9 years ago, dated and finally got married in 2006 on a K-1 visa to have him move to the U.S. Now we have decided to move back to be w/family in Edmonton since we have the twins.
My husband is the sponsor and we will be living with his mom while our condo gets ready so we are not moving directly to a home. We are visiting his mom until it is ready next year.
I am glad I asked about the one way tix, we can always go ahead and buy the return tix but I would rather not unless it is absolutely necessary.
I will keep a copy of all of our immigration paperwork in my carryon to ensure we have all of the paperwork needed in the event there is a question.
My husband has already obtained his green card for 10 years in the U.S. and is now eligible for the U.S. citizenship. Something we did not chase down at this point. He has been in the U.S. for 3.5 years so hopefully that will reflect on our move and the fact that we are indeed married.
"Just a word of caution: you are not approved until there is a decision made and a visa issued."
BTW - do you know if a visa can be obtained at the Los Angeles office like it can at other offices? I am thinking if we were able to get the ok from the LA office before we leave, I would fly out and back to get the Visas if it possible. It would be safer than trying to get to the border with 6 of us to have us turned back !!
thank you for all of your advice!!
OK. Sounds like things will go well.
In particular: While there are still no guarantees, so long as there are no admissibility issues looming in the wings, it looks like you are good to go. The length of your marriage, living together, having children together, makes a big difference I think (merely one layperson's opinion mind you), and even with one-way tickets I believe you are going to be OK. You understand the concept of "visiting" and staying with your husband and his family pending the outcome of the app, and he is accompanying you (and probably should do all the talking), and you will have your paperwork in hand, all of which adds up to a high probability of no problem.
Some people do run into problems, for various reasons, so people like me usually express some caution. But in your circumstances you sound fine to go.
I do not know much at all about the L.A. embassy, but if you change your mailing address (be sure to follow their instructions for changing your mailing address . . . last I knew, changing it online did not work for apps in foreign visa offices!) they will indeed mail it to you even in Canada. Many of us were in Canada while our outland apps were processed and handled the PPR and all by mail (well, by courier . . . always use a courier, especially when your passport is in the package!).
I doubt that there is time for you to submit the FBI cert and obtain approval and visas before December 1st. Visa Offices do not tend to process paperwork that efficiently. Maybe, but I would think not likely.
BTW: your hub may want to look into getting the U.S. citizenship process started right away; not sure, not at all, but there may be some requirements about currently residing in the States . . . again, I don't know, but it is something to research.
I agree with dpenabill - you shouldn't have trouble getting into Canada as long as hubby is accompanying you. As far as the passport request - typically what happens is you receive notification of approval and a request to submit your passport by a certain date to receive your Confirmation of Permanent Residence. By mail it can take up to two weeks to get this accomplished. They will return your passport and your COPR, and then you take that to a Canadian port of entry to "land" and finalize your permanent status.
I know that Buffalo allows limited appointments on specific days for applicants to come in to the Embassy and receive the COPR - but I don't know if LA does that or not. But I do agree that the chances are slim to none that you will be receiving a passport request by the first of December when there's still an outstanding FBI clearance. The visa offices just don't work that fast. I'd imagine that you will be receiving your passport request sometime after "moving" to Canada, and that can be facilitated by courier and you simply travel to the border, leave Canada, and re-enter to "land".