Extremely worried about getting visitor record!

Hello all! I hope that someone is able to answer my questions for me as I'm very frazzled by this whole situation and extremely anxious that it will turn out badly.

I am a 25 year old American married to a Canadian citizen as of March this year, and later this month we'll be submitting the sponsorship application for my permanent residence. However, I have been refused to Canada 3 times. In Jan 2010 for studying without a permit, and twice in Oct 2011 and threatened with a year-long exclusion because I was told that I was living in Canada, despite my showing ties to the U.S. in the form of a rental lease, pay stubs, employer letter (though I was working part time then and am full time now), tax return, and return ticket as I always travel by Greyhound. During these refusals, I was treated in a hostile manner and never given a chance to really explain myself which adds to the worry I feel. Given my age and socioeconomic status I can't present ties any more solid than this.

So my questions are: knowing the situation, do you think it's likely I'll be refused or even excluded if I try to visit my husband while we're waiting for an immigration decision?  And is it necessary for me to have U.S. health insurance as my husband was told by a customs officer? Would travel insurance be acceptable?
I've tried scouring the Internet and calling Canadian immigration services for answers but haven't had any luck so far. I don't want to put my life in the U.S. on hold and then be told I can't be with my husband. I've already found someone willing to sublet my apartment and I can get a letter from my employer that will state they are willing to rehire me should an opening be available upon my return.

I feel defeated and I wonder if I should cancel the sublet and stay in the states while waiting for a decision but that feels really depressing to me as my husband can only visit me on the weekends and I miss him terribly.

Also I should note that I haven't tried to enter Canada since October 2011.

Scylla is right.  I was in a similar situation before we were married (we were common-law) and ran into one of those very nasty immigration officials with something to prove who sent me packing and told me I'd better not dare try to re-enter Canada again before we married or I'd be banned.  It was traumatic.  We were trying to do everything "by the book" - being as upfront and honest as we knew how to be - and it backfired on us. 

My husband got in touch with his MP's office, and they got the information from the Minister of Immigration's office about the Canadian spouse accompanying the foreign national partner into Canada to get them documented status and "vouch" for their intention to leave when required, or to apply to extend from within Canada before expiry of status.  That was in 2006 and I haven't heard of anybody since who approached the situation in that manner and was refused.  There is more detailed information on the Visiting page of the US2Canada website - follow the links to Visitor Records. 

When a foreign national is trying to enter Canada alone as a temporary resident, and they have a significant relationship (or have applied for permanent status) in Canada, they are typically refused entry.  The border official has no way to verify that the partner in Canada actually still intends to proceed with sponsorship, or that the foreign national even intends to be with the Canadian partner once being allowed to enter the country.  Given the fact that they (CIC) easily lose track of FNs once they're admitted, they want to keep close tabs on those who have reason to overstay.  The other part is that there is no guarantee that a permanent resident application will be approved, so they want to know (as best as is possible) that the FN will actually leave Canada if the application is refused - or the sponsor withdraws.  They don't have to believe us - but they will normally take the word of the accompanying Canadian citizen and document the FN partner with status.  Normally, with the Canadian partner carrying proof of the qualifying relationship, proof of a PR application in process (or intent to submit one, like proof of receipt of fees), and proof of financial support (copy of sponsor's employment letter that is submitted with the PR ap is sufficient), you (the foreign national) are exempted from having to prove sufficient ties to home.

So, my advice.  Don't try to enter Canada by yourself.  Have your husband be with you.  He speaks for you - you don't say one word unless you're specifically asked a question.  Basically he's going to tell them that you are his wife, that he is sponsoring you for permanent status and wants you to be with him while waiting for the application to be finalized.  Don't either of you volunteer any more information, or offer any documentation that's not asked for - let the officer take it from there and they will tell your husband how it's going to work.  Again, in 6 years I haven't seen anyone (even someone like me who'd been threatened to be banned if I tried to come back before we were married) refused a VR under this scenario.  The key is to let them take the lead, and leave it to your husband and them to work out the details.  Good Luck.  


Edited by RobsLuv - 01 May 2012 at 5:26pm

It is for your own safety and to ensure you don't get charged big bucks from any emergency medical care in Canada, so you should/must have comprehensive travel insurance (I doubt if travel insurance qualified but make sure). Some provinces even have a 3month wait period even after your land as a permanent resident. So don't risk it, get the insurance and peace of mind.

It can be a reason for refusal by Canadian immigration officials, not having proof of health insurance. CBSA is always under pressure from taxpayers to keep unwanted over-stayers out of the country. Until you become a PR their attitude will not change much. They deal like that with anyone who is not a Canadian citizen, PR or Native/Indian.

It all depends on what notes they have in the system about you, shows their attitude. But 3 refusals are a lot, a red flag. So apply the sponsorship as soon as possible....

Worst case is you'll be refused entry, but sponsorship from US is quick so just a matter of few months basically. Nothing to get worried or anxious about.