As the holiday season approaches, many Canadians are planning trips to the United States. However, Canadian travelers should be aware that American border officers have the discretion to ask a variety of questions regarding their relationship status, work history, and living arrangements. Immigration lawyer Ksenia Tchern McCallum warns that having an American spouse could raise a red flag. This is because some visitors may intend to stay in the U.S. and apply for a visa from within the country.

Given the current tensions between Canada and the U.S., along with recent changes in American travel policies, it is crucial for Canadians to be well-informed before crossing the border. Tchern McCallum emphasizes that traveling to the U.S. is “not business as usual.” The U.S. has implemented enhanced security measures, which include collecting fingerprints and photographs from visitors. Canadians planning to stay for 30 days or longer must register with U.S. Citizenship and Immigration Services upon entry. Failure to do so can result in fines up to $5,000 or even jail time.

To avoid raising suspicions about cross-border relationships, Canadians should be ready to explain how they maintain their relationship and provide evidence of their ties to Canada. Tchern McCallum suggests that travelers should be prepared to demonstrate their intent to return after their visit. This can include proof of a full-time job, family obligations, a lease or mortgage, pets, or other commitments that anchor them to Canada.

If the relationship is relatively new, travelers may face more scrutiny, as there may not be a history of travel between the two countries. Officers may ask detailed questions about the purpose of the visit, the length of stay, living arrangements, and who is covering expenses. Tchern McCallum advises having an itinerary and prepared answers to facilitate the process.

If there is a possibility that the American spouse may sponsor the Canadian spouse in the future, it is advisable to be upfront about this intention. Tchern McCallum notes that explaining an understanding of the immigration process and clarifying that any future move will be conducted through formal applications can help reassure border officers. This approach demonstrates transparency and respect for U.S. immigration requirements.

Canadians planning longer stays should also gather supporting evidence of their ties to Canada, such as employment confirmation letters, pay stubs, bank statements, lease or mortgage documents, and utility bills. Additionally, proof of insurance and financial capability to support themselves while in the U.S. is essential, especially for those staying over 30 days.

Tchern McCallum advises that Canadian travelers, particularly snowbirds, should have a return flight booked to avoid being flagged at the border. She cautions that previous overstays could lead to questioning or denial of entry. Frequent travelers to the U.S. should be prepared for inquiries about their travel history and provide detailed answers, as being evasive may also result in denied entry.