American driving Canadian car into the states

[warmsummerrain69]

I am a woman, I have lived with my common law spouse for 10 years. I want to go to florida for a visit. I will not be importing it. Yes I still have a viitors status, however, we have been planning on getting married. I have had it extended 3 times now, as for DL, I have been here more then a year legally on a visitor status, so there has been no problem. I have a bank account ect. I will be planning on returning. What I needed to know was can I take the car and drive down, do I need written permission from him to take the car etc?

[agnelson]

He won't have to import it. Insurance is the key issue.

[Reba]

You might want to phone the border POE where you plan to cross and ask them. I know if it were the other way around, a Canadian driving a US car across the border, Canada doesn't allow it, but I have no idea the rules in the US.

Oh, and just a heads up, you may have difficulty returning to Canada, and may be denied entry based on your extended visitor status currently. Which is another reason the US CBP may not let you take a Canadian car out of the country, because you won't be able to get it back.

[agnelson]

"a Canadian driving a US car across the border, Canada doesn't allow it, but I have no idea the rules in the US."

Not true. A Cdn resident can't drive a US rental across the border, but a Cdn residing in US (which is the analoguos situation we have here) can drive what he wants into canada.

-- Fri Aug 28, 2009 6:17 am --

REba does make a good point that as a visitor, how did you get a Ontario DL? Whewre is your US residence (and DL) since you need to maintain a US residence to be aloowed visitor status in canada.

[Steven]

It's a Canadian registered car and they're a visitor to Canada. If that's the case then CBP should treat the car as an imported car because technically the principal residence is the US because the person is visiting Canada (plus they don't care about common law marriages). However, like I said, with an Ontario DL, CBP may not pick up on it. They may ask to see the Canadian LPR card to determine where the person actually resides.

My advice would be to formally immigrate and become a Canadian LPR before attempting to drive a Canadian-registered vehicle into the US. If nothing else you might have a problem with the car insurance.

Like Reba says if you've been here a year as a visitor also, CBSA may not want to allow you back in anyway so that's an additional problem.

[agnelson]

"My advice would be to formally immigrate and become a Canadian LPR "

That's a no-brainer. Why would one want to stay in visitor status when one is entitled to LPR?

[Reba]

they're only "entitled" to LPR if CIC says they are.

My point about the Canadian driving a US car across the border was a reversal situation. If a Canadian with visitor status in the US attempts to drive a US registered car across the border into Canada, Canadian border officials won't allow it. They'll impound the car and return it to the US.

If a Canadian citizen who is a US LPR however is driving a US registered car across the border, they'd waive them thru. Unless of course the car is not registered to the driver, or any of the passengers, then they might have a problem, if Border officials happen to check.

[agnelson]

A Cdn in any status can drive a US registered car into canada -- if he formally exports it. It is a US renatl car (which he obviously cannot export) that will not be allowed thru).

A Cdn residnt of US (not just LPR) can drive a US renatl into canada -- so long as they have a US DL.