Application Status... Concerned!!! Please Help.

[toledo]

Dear All,

Background:
I am a canadian citizen. I got married in 2007. My wife is a US permenant resident. I am currently living with my wife in the US. I had submitted my Sponsorship application for my wife, in early July 2008. Sometimes at the end of July 2008, my sponsorship application was approved by CPC in Missisauga, and was forwarded to the visa office in Buffalo NY. In early September 2008, Visa office requested some documentation about my wife's status, which we sent it back immidiately. Now, I can verify the status of the application online, which says "In Progress".

My Situation
After we submitted the application, my wife became pregnant. So, by now, she's in her second timester (4 months), while we are waiting for a response from Visa Office. I am worried, that she might not be able to fly later on during her pregnancy, however, she might be able to fly during her second timeseter (3 months, which makes it till late December 2008). And I want my child to be born in Canada, my homeland. On the other hand, my job contract is ending in this year as well.

My Question
- Can/Should I contact the visa office in Buffalo, NY regarding my situation? Is it advisable to do so?
- Can someone give me an advise on what should I do in this situation.

Thanks in advance, and waiting for your suggestions...

Toledo,

[Leon]

You are still well within the normal timeline.  From end of July, your file is in Buffalo where the average is 5 months, see http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp#west  You are only supposed to call them if your case goes outside the timeline.  Bothering them about it will probably not speed up your application but it might tick them off.

What you could do is move to Canada before being approved and take your wife with you as a "visitor" as she can not officially move to Canada until she gets her PR.  As a visitor though, she will not be covered by health care so if she has the baby before she gets health care, you will have to pay the bill.  Normally she would be covered 3 months after she lands as a PR but some provinces cover you from day 1 if you are moving from a foreign country.  I don't know what province you were planning to move to but you might want to take that into consideration if you are tight with time and check what their rules are for health care. 

[toledo]

Leon,

Thanks alot for the information, really appreciate it.

What you could do is move to Canada before being approved and take your wife with you as a "visitor" as she can not officially move to Canada until she gets her PR

I was initially thinking about this, too. Let's say I moved to Canada with my wife (She moves as "visitor"). However, it's mentioned in the sponsorship guide, that the person who's being sponsored may be asked for an interview. So, what happens if my wife is requested for an interview? Then she (I as well) come back to U.S. for the interview, right?

Can you comment on this, please.

BTW, I am planning to move to Alberta province. And as for the charges, if one doesn't have healthcare, can some one comment how much would it cost roughly. May be as a range?

Thanks once again, and looking forward to hear from you.

Regards,

Toledo.

[Crissy12]

Actually I emailed the embassy for where my husbands application was being processed (and we were within the timeline) and they called him the next day to take his visa.

[toledo]

Crissy,

Can you please elaborate, which visa office your hausband's application was being processed? and how long did you wait before you emailed them? I would appreciate any help.

Thanks,

Toledo.

[Leon]

Crissy, I can pretty well guarantee you that the embassy was not sitting on it's ass waiting for you to email before pulling his file.  They were probably already working on it and would have called him anyway.  It takes more than a day to process somebody's file.

Toledo, if they ask for an interview, she would have to go back to the US but it's not for certain that they will ask for an interview.  If you are going to AB, you are in luck because AB health is one of the provinces that covers you from day 1 when you move from another country but she still wouldn't be covered until she gets her PR though.

[toledo]

Crissy, I can pretty well guarantee you that the embassy was not sitting on it's ass waiting for you to email before pulling his file.  They were probably already working on it and would have called him anyway.  It takes more than a day to process somebody's file.

Toledo, if they ask for an interview, she would have to go back to the US but it's not for certain that they will ask for an interview.  If you are going to AB, you are in luck because AB health is one of the provinces that covers you from day 1 when you move from another country but she still wouldn't be covered until she gets her PR though.

Thanks Leon, This actually make sense to me.

So, I think my best bet would be to contact Visa Office and letting them know what my situation is. I am not sure if they give me a rough idea, how much more time the processing time will take, before they issue a visa, or whether they will tell me if my wife needs to be appear for an interview. Based on their answer, then I can make a decision. Also, what method is best to contact the Visa Office? email? telephone? mail? fax? or is there a better way of contacting at all? or should I just wait untill I hear anything? I am just confused and not very certain what to do...as time is ticking.

I need your advise. This is my first time to be in this situation (Both sponsorship, and being a pregnant hausband).

Thanks again.

[Leon]

I have never had to deal with the buffalo visa office but first try to call them.  If that doesn't work, try fax or email.

[toledo]

Leon and Crissy,

Thanks for your sincere suggestions. I will try to contact them and hopefully they will have a good answer for me. And if I have further questions in this regard, I will post back here.

Thanks once again, and wish me luck.

Toledo.

[Siouxie]

There was new legislation introduced in August allowing people with outland applications to land "inland" without having to go back to their originating country of application.

http://www.cic.gc.ca/english/resources/manuals/bulletins/ob076.asp

With the introduction of the Canadian Experience Class (CEC), launched on September 17, 2008, amendments were made to the Immigration and Refugee Protection Regulations to allow foreign nationals with valid temporary resident status in Canada to be granted permanent residence from within Canada. The changes make it easier for these temporary residents to acquire permanent residence since they no longer need to do so at a port of entry (POE). These regulatory changes apply to all foreign nationals in the Economic and Family classes who have valid temporary resident status in Canada (i.e., workers, students or visitors).

This regulatory change improves client service since the requirement to leave Canada is an inconvenience for many who do not live near the U.S. border. It also responds to demands made by stakeholders as well as by provincial and territorial representatives, who want to facilitate the granting of permanent residence to needed immigrants in their jurisdictions.

Foreign nationals who hold permanent resident visas in Canada continue to have the option of reporting to a POE in order to be granted permanent residence, if that is more convenient. Any foreign national outside Canada stills needs to obtain permanent residence at a POE.

A new section, R71.1, has been created and states that:

A foreign national who is a member of a class referred to in subsection 70(2) and is outside Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry;

A foreign national who is a member of a class referred to in paragraph 70(2)(a) or (b) and who is a temporary resident in Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry or at an office of the Department in Canada.
The above regulatory changes mean that clients in Canada with valid temporary resident status may:

contact the Call Centre to request an appointment at a local CIC office, with their family members, if applicable, to be granted permanent resident status at that location; or
leave Canada and obtain permanent residence upon re-entry to Canada at a POE.

[toledo]

There was new legislation introduced in August allowing people with outland applications to land "inland" without having to go back to their originating country of application.

http://www.cic.gc.ca/english/resources/manuals/bulletins/ob076.asp

With the introduction of the Canadian Experience Class (CEC), launched on September 17, 2008, amendments were made to the Immigration and Refugee Protection Regulations to allow foreign nationals with valid temporary resident status in Canada to be granted permanent residence from within Canada. The changes make it easier for these temporary residents to acquire permanent residence since they no longer need to do so at a port of entry (POE). These regulatory changes apply to all foreign nationals in the Economic and Family classes who have valid temporary resident status in Canada (i.e., workers, students or visitors).

This regulatory change improves client service since the requirement to leave Canada is an inconvenience for many who do not live near the U.S. border. It also responds to demands made by stakeholders as well as by provincial and territorial representatives, who want to facilitate the granting of permanent residence to needed immigrants in their jurisdictions.

Foreign nationals who hold permanent resident visas in Canada continue to have the option of reporting to a POE in order to be granted permanent residence, if that is more convenient. Any foreign national outside Canada stills needs to obtain permanent residence at a POE.

A new section, R71.1, has been created and states that:

A foreign national who is a member of a class referred to in subsection 70(2) and is outside Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry;

A foreign national who is a member of a class referred to in paragraph 70(2)(a) or (b) and who is a temporary resident in Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry or at an office of the Department in Canada.
The above regulatory changes mean that clients in Canada with valid temporary resident status may:

contact the Call Centre to request an appointment at a local CIC office, with their family members, if applicable, to be granted permanent resident status at that location; or
leave Canada and obtain permanent residence upon re-entry to Canada at a POE.

Siouxie,

This is great news. Let me get it clear, and please do correct me if I am wrong.

- So, this means that me and my wife, can come to Canada, before she's granted (permenant resident and/or Visa)?
- In the Immigration/Sponsorship guide, it mentiones that, the applicant may be asked for an interview at the Visa Office (My wife's application is forwarded to Buffalo, NY, visa office). So, let's say we moved to Canada, and what happens if my wife is asked for an interveiw at the Visa Office?
- How should I proceed, if we decide to move to Canada now, before hearing anything from the Visa Office?
- Can you also clarify this sentence, "These regulatory changes apply to all foreign nationals in the Economic and Family classes who have valid temporary resident status in Canada (i.e., workers, students or visitors)."? My wife is a permenant resident of the U.S. (with a green card).

Please advise...

Thanks in advance.


Toledo.

[Leon]

You can call Buffalo to clarify or get a friend in Canada to call CIC for you but from what I can see it just allows her to land in Canada without going to the border.  It doesn't say anything about interview.

You can take her to Canada as a visitor but if she is called for an interview in Buffalo, I don't know if this could be moved.  If she had valid medical reasons for why she can't travel when they want to interview (being pregnant), maybe they can move the interview to the CIC office in Calgary or Edmonton or postpone it until she can travel. You would have to ask.  When she is issued the PR visa, the new rules means that she could "land" in the CIC office in your city instead of driving to the border.  The regularatory changes apply to all foreign nationals (your wife) who have valid temporary status (your wife on a visitor visa).

If she has the baby in Canada before getting PR, I have heard costs from $5,000 to $8,000 but again, you would have to ask.  You can ask AB health at http://www.health.alberta.ca/contact.html or some hospitals, for example http://www.capitalhealth.ca/HospitalsandHealthFacilities/Hospitals/GreyNunsCommunityHospital/ProgramsAndServices/BrowseByAlpha/Content.htm?IA_ID=4128&NavType=Alpha&PageTitle=Labour%20and%20Delivery&L=All  Maybe you can get some kind of insurance that covers it but it is a pre-existing condition.  Do you have insurance in the US that would cover it and would they cover it if she had the baby in Canada?

[toledo]

Thanks Leon,

I have tried contacting Buffalo NY visa office; unfortunately, they don't answer to telephone inquiries. Then, I e-mailed them, describing my current situation in details, about my wife and her medical conditions. After a couple of days, they replied, "The information you have provided is placed on your File". That's all. So, now I am abit worried. Will this delay the process even longer? Will it help at all?

As for moving to Canada ahead of time, I am just as concerned. If they ask my wife for an interview, then whether she has to appear for an interview, which defeats my purpose of going to Canada ahead of time, unless--what you mentioned--they can move the interview to a local CIC office in Alberta, due to medical conditions.

She doesn't work right now and hence she doesn't have medical coverage herself. However, since I am working here in U.S. and I have coverage for the both of us. I don't have information whether my insurance company will cover the expences outside the U.S. I will find that out.

- If I ask someone in Canada to contact CIC, and describe my circumstances, will they be able to do anything to expedite the process of the my wife's application? Or it's not advisable, since the application is already in process and more over, I have e-mailed Buffalo NY visa office once?

Once again, I appreciate your sincere openions and suggestions.

Thanks,


Toledo.

[Leon]

I called CIC for you and asked what happens if somebody is called for an interview when they can't be there for medical reasons and they said that you can advise Buffalo of your situation which you already did and if they happen to schedule your wife for an interview when she is too pregnant to travel, you will have to let them know again with a letter from your wifes doctor and work it out with them, whether they re-schedule the interview later or what they do.

[toledo]

Leon,

Thank you so very much. I really appreciate your help and trying to reach out for everyone here in this forum. I guess I got all my answers, that I was looking for.

Furthermore, if I have any other concerns, I will deffinitly post here.

Once again, I do really sincerely thank you for all the helps and tips.

Regards,


Toledo.

[RobsLuv]

Toledo - it's very possible that your wife's interview will be waived.  Buffalo frequently waives interviews for spouses, and normally you would have heard by now if an interview was going to be required.  The file would be transferred to the visa office closest to her residential address in preparation for the interview, and you would have been advised.  Check the letter you received from Buffalo requesting additional information - we got that letter, too, and I was so focused on what they were saying they needed that I completely missed the part that said, "We have now completed the initial assessment of your application, and expect to finalize your application without a personal interview.  While an interview does not appear necessary at this time, we reserve the right to call you to an interview, should this become necessary at some future stage in processing."  What type of information did they request from you?

Now, my application was eventually refused - but not due to concerns about a genuine relationship.  Concerns about that and common-law qualification are the normal reasons an interview is requested.  What I did find with Buffalo is that they are notoriously non-communicative - so don't expect too much as far as a response from them.  You may get a form letter that tells you that your application is being processed within normal processing timelines and you shouldn't expect to hear from them for at least 3 months.  We got such a letter, after our MP's office inquired as to the status of our application when it had been in process for 5 months since we'd sent the requested information and there had been no word from them at all.  Within 2 months we had a refusal . . . so that's simply a form letter they send in response to any status inquiry. 

You can order your CAIPS notes - but they probably won't say much yet . . . and it will take about 6 weeks to get them.  Really, all you can do is try to be patient . . . your baby will be a Canadian citizen whether s/he is born in the States or in Canada and, actually, being born a dual US/Canadian citizen isn't necessarily a bad thing!  The most important thing is that Mom and baby get the proper pre-natal care and every advantage during the birth - and you shouldn't have to start out with a truck-load of debt over medical costs, just so the child can be born on the Canadian side of a border.           

[toledo]

Rob,

Thanks alot for this information.

It was a while back that I was inquiring about this. Since then, I received a letter asking for more documentation (Record of "good conduct" or "no record") from the country where my wife resided (Uzbekistan) prior coming to U.S. Which I think I did the needful (Requesting the record from the Consulate General of Uzbekistan and according to them it should take from 15 days to 2 months).

In the letter, it is exactly mentioned what you mentioned in your post. "We have now completed the initial assessment of your application...." and supposedly the requested documentation (record of "good conduct" along with a notarized copy, if its in not in English/French language, which I am sure it will be in Russian and I need to prepare a notarized copy as well) within 90 days of the notice. Already 12 days gone (I submitted the request yesterday).

- So, my next concern is whatif I exceed the 90 days and I still didn't get the response from Consulate General of Uzbekistan?
- What should I do and what to inform Visa Office.

Because it's clearly mentioned in the letter that if they don't receive the documentation within 90 days, they will withdraw (or refuse) the application and then I will need to appeal, I guess.

So, please advise...

thanks,


Toledo.

[toledo]

Rob,

Now, my application was eventually refused...

I am sorry to hear that...But can you tell me what was the reason that they refused? was it because of missed documentation or it was regarding your case?

Thanks,

[med]

goodluck toledo