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rebbykah
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Joined: Tue Apr 06, 2004 4:34 am

Immigration questions

Post by rebbykah » Wed Apr 14, 2004 4:34 am

Hey,

Im hoping someone can help me. I have a question about Immigrations and all. Okay here goes. I met and married and American. I am a Canadian. We got married here in the USA and have already applied for PR and I have already gotten my Workers permit as well as my SSN. Now here is my question. My husband and my self have decided that we now longer want to reside here in the US. Due to many reaons. My father for one isnt doing to good in the health department. And I myelf need some medcail attention as well. And with the lovely Insurence crap that is over here they wont help me. Anyways back to my question....how do we go about this? Do we just go to Canada and "visit" and then apply for PR or should we apply here? witch would be the fastest? My other question is....if we go there and apply for it...will we be seperated? For any length of time at all? Im hoping someone can help me. I would aso like to know bout costs and all as well. Thanks guys.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Apr 14, 2004 10:26 am

There are two immigration issues here

Canada

You can sponsor your husband to join you in Canada as a member of the family class for Canadian Citizens or Canadian Permanent Residents. He would be granted an immigrant visa and would then 'land' in Canada from which date he would be a Can PR. If as it appears that you are a Canadian Citizen you can sponsor your husband whilst still in the US. Can PR's have to establish residence in Canada before they can sponsor in the family class. Your husband would have to undertake security and medical tests - note that he cannot be denied an immigrant visa on medical grounds.

Processing times at a Canadian Visa Post - in your case Buffallo, NY would typically take 6 months or less. During this time your husband would in theory be able to visit Canada but the discretion to allow his entry would rest with the Immigration Officer. If he had fairly strong ties in the US e.g. employment he may be able to get entry as a visitor.

If you wish to proceed with an inland processing your husband can again enter Canada as visitor but must tell the Immigration Officer that he intends to undergo sponsorship in Canada. The major disadvantages of inland sponsorship are:

1. Processing time of 12+ months - there are horror stories of it taking 18 months.

2. Your husband is not able to work until he receives an Approval In Principal - this may be quite tough on your financial situation.

3. Leaving Canada during the processing period will result in his application being abondoned.

4. The requirement to be in status throughout the processing period i.e. he has to keep renewing his visitors visa.

On the other hand this is balanced by the fact that you are together during this period.

Check out www.cic.gc.ca for more info on this including the relevant costs.

US

You are currently undertaking an Adjustment of Status - I presume you entered the US as a visitor rather than a fiancee visa. Depending on your service centre the AOS may be as long as 2 years (Texas). If you leave the US before obtaining Advance Parole you will be deemed to have abondoned your AOS application. Perhaps as things stand you feel that the US is not for you - I would suggest applying for AP in any case to keep your application proceeding. If you then decide to return to the US you don't have to start from scratch. An alternative would be to abandon the adjustment application alltogether and apply for an immigrant visa as the spouse of a USC if you ever want to return to the US. Note that you may have difficulties entering the US as a visitor in future (which requires non immigrant intent) because you are the spouse of a USC although that the USC is residing with you outside the US is a plus.

Hope things work out for you.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Apr 14, 2004 5:01 pm

rebbykah wrote:
thank you,

Did you mean that if we go to Canada and apply there, then we wont be seperated? And if we do it here then we will be seperated? Or either way we wont be seperated? My only concern is being seperated.
If you apply in the US then your husband would really have to wait outside Canada until his immigrant visa is issued. In the meantime if he wishes to travel to Canada say to see you he would have to enter as a visitor. Entry as a visitor usually granted to USC for 6 months entails that this is of a temporary nature and he would be returning to the US. However because he has a sponsorship application pending for permanent residency this clashes with the concept of 'temporary entry' as a visitor. The Immigration Officer may decide to allow him entry as a visitor but on the other hand may refuse his entry. If he has strong ties to the US such as employment then he is more likely to return to the US so he may find the IO accepting him to enter Canada. The Canadians don't want him to sit out any of the waiting period in Canada. In summary:

1. If you want to guarantee being together which it appears is your main concern then go to Canada together with him entering as a visitor but declaring his intention to get sponsored.

2. If you are willing to possibly be apart for 6 months with him taking a chance to visit you on a 'temporary' basis and that he gets entry into Canada in that period then apply for sponsorship through buffallo. As I said IMHO if he has no real ties to the US he may be less likely to get into Canada as a visitor.

In either case you may wish to review the site I gave you and in particular start organising the relevant FBI clearances.

Good Luck

robert52
Newly Registered
Posts: 4
Joined: Sun Oct 13, 2002 1:01 am

Post by robert52 » Tue Apr 20, 2004 7:32 pm


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