PLEASE help! I'm so scared!!!

OK, Ill try to keep my story brief...
Im a USA citizen, my husband is Canadian. We have been married for a year and were married in the USA while he was living with me for the time period of a year. He was staying with me on a visitor wavor, so yes, he overstayed.

We moved to Canada about 5 months ago. We intended on starting my immigration paperwork already but he has been unable to find work all this time so we don't have the money for it.

We are using my car to go to the grocery store and he MIGHT have just gotten a job... we may know by tomorrow so now we REALLY NEED the car, however its PA inspection is about to expire. Therefor I have to go back to PA to get it inspected. Then i intend to return. Transferring the car into his name and to Canadian registration isn't an option yet because we don't have the money to do all that right now. So I MUST go back to the states for about a week or so.

Now when we came here the first time i was nervous because I didn't think that it looked good. I was unemployed, with a Canadian husband who has no USA status and is living with his parents in Canada. I had about a thousand dollars in my bank account at the time i came here. The border guard didn't seem to really want to let me pass and asked me a ton of questions. He looked like he was really getting into it and was ganna start trouble for me but I don't know what happened he looked at his screen quickly and just handed my passport back and said go ahead. i think i just got lucky cause something happened that needed his attention.

Now all is the same except ill have like, 30 dollars in my bank account on the way back to Canada, PLUS i will have BEEN here for 5 months this year already, and am coming back for, what I'll tell them is, another 5 months or so (When in reality we intend to start immigration paperwork this time.)

I don't know what to tell them at the border. Last time i told them i was just going for a visit with my in laws for a few weeks (yes i lied). I just don't know what to say this time.

What should I say? What will they accept as an excuse to stay here for another 5 months with all my circumstances?

Can you stay for 5 months and go back for another 5 a week later?

Sorry i wasn't as brief as i wanted to be. I just need advice, please please, please. I'm so afraid Im going to be separated from my husband for a long long time and have to live in my car in the USA. I Have no where to go there. Ill be completely screwed. But without a car we are also in trouble.

Thank you to anyone who helps me!

First, don't panic.

Check out http://www.roadtocanada.com there's a wealth of info there and a great network of fellow Americans to converse with.

If you're heading to PA I would cross back in at either Peace Bridge or Lewiston, they seem the most familiar with handling these.

An option you should consider is crossing back over with your Canadian spouse, at the border he will need to declare he is sponsoring you as his wife. This will take you to immigration in secondary where after a brief interview, they will typically issue a Visitors Record (no charge to you for that) or a Temporary Resident Permit (in the case of a criminal record on the sponsored spouse's part, it runs $200). With either of those docs, it will give you status in Canada while you submit the formal app for PR status. You can also request an extension at a later date to the time they give you on the permits.

Make sure you have your marriage certificate with you and any evidence of shared accounts (utilities, mail, etc.) Something else they like to see is the start of the sponsorship to show the Canadian spouse is serious about doing the paperwork (sponsorship & PR apps). His overstay in the States isn't an issue.

Now, you husband does not have to be working to do this, but they will tell him he needs to be working when he files the app for sponsorship and PR, and they will ask how he will support you. Tell them you will be residing with family, just like you will. They do ask if you have money and about how much, they'll also ask him about how much money he may have to support you in the interim.

But, this is just a small blurb about the process, definitely take a look at that website and forum. There is more clarification and detail on what I've touched on in this post.

The problem with announcing immigrant intent is that she'll be stuffed on getting the car into the country as it will have to be formally imported. If that's the plan I'd take the car back to PA, sell it, take the bus back and buy something in Canada.

They also have the right to deny you entry if you announce immigrant intent. Basically it's a crap shoot.

Frankly if you're broke your options are always limited because sponsorship requires the sponsor to show proof of funds, I can't remember what the current Canadian limit is, it's a few thousand I think, check the CIC website. If you walk up to CBSA and announce immigrant intent with only $30, I doubt they're going to be keen on letting you in.

What I would do in this situation is to get my spouse (or another friend or relative in the US) to fetch the car, sell it in the US, get the money and use that to fund the immigration application.

Leaves you without a car I realize but it does kill two birds with one stone.

Read this: http://www.cic.gc.ca/english/immigrate/ ... spouse.asp

Thank you all for your advice so far!

I'm weighing all my options and taking all your advice into account.

I don't think that there is an income requirement for a spouse sponsorship... any other family class, yes, but I do think that that requirement is waved for spouses. That's the impression I got when reading the CIC website.

Also, if he is not listed as an owner of the car, can my husband take the car across the border? He IS listed as a driver on the insurance.

Again THANK you all SO much!!

I don't think that there is an income requirement for a spouse sponsorship... any other family class, yes, but I do think that that requirement is waved for spouses. That's the impression I got when reading the CIC website.

Unlike the U.S., there is no income requirement for spousal sponsorship, and as a spouse pre-existing medical conditions will also not exclude you from qualifying for PR. As long as your Canadian spouse is not on social assistance, they can apply for sponsorship approval. At the POE and from experience, they do ask is how much money you and your spouse have and advise the Cdn. sponsor to be working when they apply for sponsorship and PR for their spouse.

Rene, definitely check out www.roadtocanada.com, there's lots of info and check out the US2Canada tab for more specific info. He can sponsor you via the 'outland' process, this would allow you to travel back and forth to the U.S. as needed while the PR app is in progress. Inland is more restrictive and takes quite abit longer. But again, there's plenty of detail on outland & inland sponsorship on that forum and links.

Hi all, well we are biting the bullet and are getting a lawyer. our situation is just too complicated to second guess anything.

What I have found out so far is that I can apply for an extension of my visitors visa for now, and the current wait time for that is about 3 months. so no matter what i can buy 3 months here because if there is something processing you can stay until you are approved or not.

Then once i get the results, if its apporved then that buys me six more months, but if its denied, i can just hurry up and file for PR status and AGAIN I can legally stay and wait THAT out. So basically as long as I can afford to file those tings I will be here for a while. Still have the car issue though...

Does anyone know how to go about importing a car from WITHIN canada? like if I sell it to my husband... how will we go about making it legal??? my imigration lawyer doesnt specialize in those kinds of things so i still need help with that..

THANKS!

Have a look at http://www.riv.ca - but basically you have to go to the POE and present a completed CBSA form B4 (in addition to getting the compliance letter and taking the car to Canadian Tire to get the headlights sorted), you also need to do that to get your personal effects into the country.

The application fees for family-based sponsorship are a few hundred, iirc. It's not really that difficult to fill the forms in, they're all on the CIC website.