Application through Buffalo But neither the sponsor nor spouse are American?

[claudiakee]

Hi everyone,

I am currently living in Canada with a valid study and working permit and My husband is Canadian. We are doing an outland family class spouse sponsor application right now.
Although I am from Hong Kong, I am hoping to do the application through the Buffalo Office since the processing time is much faster in US and it provides a easier location for interview.
So my question is, is this a possible route for us to do the outland family class application? or that we will have to do it through my home country somehow.

Thank you for reading and replying!

[rjessome]

Hi everyone,

I am currently living in Canada with a valid study and working permit and My husband is Canadian. We are doing an outland family class spouse sponsor application right now.
Although I am from Hong Kong, I am hoping to do the application through the Buffalo Office since the processing time is much faster in US and it provides a easier location for interview.
So my question is, is this a possible route for us to do the outland family class application? or that we will have to do it through my home country somehow.

Thank you for reading and replying!

Yes, you can apply through Buffalo as long as your initial admittance to Canada was for at least 1 year.  That does not mean you have been in Canada for a year, but that you were authorized (study permit for example) to stay for at least a year.

[NBaker]

Why should you be able to apply through Buffalo? One needs to have status in the country from which they apply for a minimum of a year. Do you have status in the the United States as well as Canada? If so that may allow you to apply from Buffalo otherwise apply through the mission responsible for Hong Kong or through an inland application from within Canada if you have and will maintain status in Canada.

[rjessome]

Why should you be able to apply through Buffalo? One needs to have status in the country from which they apply for a minimum of a year. Do you have status in the the United States as well as Canada? If so that may allow you to apply from Buffalo otherwise apply through the mission responsible for Hong Kong or through an inland application from within Canada if you have and will maintain status in Canada.

This is incorrect.  Her status in Canada gives her the right to apply in Buffalo as it is the default office for applicants legally studying and working in Canada.  Status in the US is NOT required.

[sidkrose]

rjessome is correct, if you were admitted to Canada for a period of at least one year, your application may be processed through Buffalo.

[claudiakee]

This is incorrect.  Her status in Canada gives her the right to apply in Buffalo as it is the default office for applicants legally studying and working in Canada.  Status in the US is NOT required.

Thank you rjessome, This is a good news to me  as the processing time in Buffalo is much faster then in HK.
But I do have some extra question to that, really appreciate it if you can answer me too.

So from what you've said,  does that mean I can apply through Buffalo as an outland application using my Study permit and Work permit?
I am wondering how would the paperwork be like then? Do I download the region specific application forms from US instead of the ones from HK and mail my application stating that I would like to send to US?
Thank you!

[veronica.law]

Thank you rjessome, This is a good news to me  as the processing time in Buffalo is much faster then in HK.
But I do have some extra question to that, really appreciate it if you can answer me too.

So from what you've said,  does that mean I can apply through Buffalo as an outland application using my Study permit and Work permit?
I am wondering how would the paperwork be like then? Do I download the region specific application forms from US instead of the ones from HK and mail my application stating that I would like to send to US?
Thank you!

I have the same situation as you! And I just downlaod the Hong Kong region spec application forms. I think that is base on what passport are you holding.

If you are holding a Hong Kong passport you need to apply for us visitor visa as well in case that you need an interview and when you are landing at buffalo you need a visa too!

[claudiakee]

I have the same situation as you! And I just downlaod the Hong Kong region spec application forms. I think that is base on what passport are you holding.

If you are holding a Hong Kong passport you need to apply for us visitor visa as well in case that you need an interview and when you are landing at buffalo you need a visa too!

Thats good to know! I do hold a Visitor Visa right now and it valid for the next 8 years.
I am just wondering how are you going to get the Hong Kong police certificate?
Because I am living in Canada right now and I called HK police office and they say that the police certificate will be sent to the responsible Canadian Visa Office directly by them, but then the Canadian Visa office here says I need to send in the police certificate with my application.. So i am kinda confused here... Do you  mind sharing your experience with me? Thanks!

[veronica.law]

Thats good to know! I do hold a Visitor Visa right now and it valid for the next 8 years.
I am just wondering how are you going to get the Hong Kong police certificate?
Because I am living in Canada right now and I called HK police office and they say that the police certificate will be sent to the responsible Canadian Visa Office directly by them, but then the Canadian Visa office here says I need to send in the police certificate with my application.. So i am kinda confused here... Do you  mind sharing your experience with me? Thanks!

As the Hong Kong(CHINA) Check List stated you don't need to submit the police certificate until requested because Hong Kong Police Check is not open to individual. They will send the result directly to the embassy, also inorder to do the check for HK you need the embassy letter from Canadian government.
What my friend doing was going to do the finger prints for Canada (she lived here for 5 years) and give them the Hong Kong police check application at the same time the officer will then do it for you.

so when you go for police check you should also have your HK police check forms (downlaod at hk police web site)with you.

I have sent my application out in August. I didnt do the police check that time so i think i will go and do it this week.
Also I think you should go to the medical exam and police check and sent these things with your application.

[claudiakee]

As the Hong Kong(CHINA) Check List stated you don't need to submit the police certificate until requested because Hong Kong Police Check is not open to individual. They will send the result directly to the embassy, also inorder to do the check for HK you need the embassy letter from Canadian government.
What my friend doing was going to do the finger prints for Canada (she lived here for 5 years) and give them the Hong Kong police check application at the same time the officer will then do it for you.

so when you go for police check you should also have your HK police check forms (downlaod at hk police web site)with you.

I have sent my application out in August. I didnt do the police check that time so i think i will go and do it this week.
Also I think you should go to the medical exam and police check and sent these things with your application.

Thank You very much for your reply. I am just wondering do u mind pointing me to the part of the check list where it stated "no police record until requested"? Cuz I was looking over the '3903e" region specific information guides and I couldn't find it.

Btw, Do you mind sharing how many weeks/months after did u receive the letter from CIC that you can send to the HK police office?
Just wanna have a rough time frame here for what I will be expecting. Thank you!! And good luck with your application!!

[rjessome]

You use the Region Specific Guide for the country in which you are applying, NOT your country of citizenship unless otherwise stated on the relevant embassy's website.  So if you apply in Buffalo, use their Guide.  One exception I know of this is Singapore.  You must use your country of citizenship's RSG if you are not a Sinaporean national but are applying in that office.  There could be others as well.

[claudiakee]

You use the Region Specific Guide for the country in which you are applying, NOT your country of citizenship unless otherwise stated on the relevant embassy's website.  So if you apply in Buffalo, use their Guide.  One exception I know of this is Singapore.  You must use your country of citizenship's RSG if you are not a Sinaporean national but are applying in that office.  There could be others as well.

Thank You rjessome, almost used the wrong region specific form! i am really grateful for your help!