Help needed-applying for PR inland

[Kimmy520]

Hello everyone!

It's my first post and I just wanted to say that I am so grateful to have stumbled upon this forum. I'm hoping to get some sound advice on getting my PR in Canada.

My fiance is a Canadian citizen and I'm a PR in the States with a South Korean citizenship. We met 4 years ago while teaching abroad in South Korea. I moved back to the States last August and he is now back in Canada as a full time student. We would like to get married and reside in Canada permanently. Our first priority is to be together asap (we've spent a year apart) so I'm thinking of going over for a "visit" in December, getting hitched right away and then applying for my PR inland. One of my concerns is that he is a full time student, with a part time job.

1.Will this negatively impact our application, in terms of his ability to prove financial liability? 

2. If our application takes longer than 6 months to process, is it relatively easy to get a visa extension if I've entered on a tourist visa?

3. Is there any more advice you can give to us? Any and all advice is very greatly appreciated. We're just starting the process, and we're both a bit overwhelmed by it all.

And congratulations to all those who've recently obtained their PR's! The timelines that are posted are so helpful and it seems like the process isn't taking too long. I've got my fingers crossed!

Thank you so much for reading this!

[Immigration Expert]

Hello everyone!

It's my first post and I just wanted to say that I am so grateful to have stumbled upon this forum. I'm hoping to get some sound advice on getting my PR in Canada.

My fiance is a Canadian citizen and I'm a PR in the States with a South Korean citizenship. We met 4 years ago while teaching abroad in South Korea. I moved back to the States last August and he is now back in Canada as a full time student. We would like to get married and reside in Canada permanently. Our first priority is to be together asap (we've spent a year apart) so I'm thinking of going over for a "visit" in December, getting hitched right away and then applying for my PR inland. One of my concerns is that he is a full time student, with a part time job.

1.Will this negatively impact our application, in terms of his ability to prove financial liability? 

2. If our application takes longer than 6 months to process, is it relatively easy to get a visa extension if I've entered on a tourist visa?

3. Is there any more advice you can give to us? Any and all advice is very greatly appreciated. We're just starting the process, and we're both a bit overwhelmed by it all.

And congratulations to all those who've recently obtained their PR's! The timelines that are posted are so helpful and it seems like the process isn't taking too long. I've got my fingers crossed!

Thank you so much for reading this!

Hi Kimmy,

Here is my opinion and advice.

1. The sponsor, under this program, is exempt from meeting the minimum income (LICO) requirement. Even though your fiance is a f/t student with a p/t work he (subject to meeting all other requirements) should be eligible to sponsor you.   

2. According to CIC's website the current processing time for inland joint sponsorship/permanent residence application filed via Vegreville CPC processing immigration centre  (first stage approval only!) is five to six months http://www.cic.gc.ca/english/information/times/canada/process-in.asp   Following this stage of approvals your case will be transferred to the local immigration office in your city/town for further assessment. If no interview is required it might take up to a year. If marriage interview is required the process can take much longer as every case is different. I have seen applications processed in as short as 3 months and as long as 3+ years. While in Canada, especially being in process to finalize your immigration application, you should have no problem to extend your temporary resident status as a visitor and, after the first stage approval, apply for a student and/or work permit, OHIP, SIN, etc. 

3. I would suggest that you read your immigration forms and CIC instructions very carefully and, if there is any concern or you need a help from professional, get an advice from a licensed immigration specialist in your area.  Some pointers:

    Prepare your application carefully and thoroughly to avoid missing, incomplete, or inconsistent information.
    Provide enough supporting documents of your relationship.
    Provide an accurate and up-to-date mailing address.

I hope it helps. Good luck!

[Kimmy520]

Thank you so very much for the help and advice. I will try and contribute to this forum as much as I can. Thank you again, as everyone knows the immigration process seems so daunting I'm grateful to have this community. Any additional advice/comments are welcome!

[Leon]

Just be aware that if inland requires an interview, you will not get your first stage approval after the 5-6 months.  That means no work permit and no health care, hoping it will not take 3 years to get your interview.

Also be aware of the option to apply outland even though you are in Canada.  You can fill out the forms for outland and opt for processing either in the US or S-Korea.  You can be in Canada in the meantime visiting your boyfriend.  Just apply for an extension of visit status before it expires.

Processing times for outland as follows: first to approve sponsor, currently 38 days, see http://www.cic.gc.ca/english/information/times/canada/process-in.asp#sponsorship and after that average 5 months in Buffalo or average 4 months in Seoul, see http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp

[rjessome]

I'm with Leon.  I would seriously consider applying outland as well if I were you.  Processing times are faster and if by some chance your application was refused, you have the right of appeal through the Immigration Appeal Division of the Immigration and Refugee Board.  This appeal is NOT available to inland applications.

[Kimmy520]

Thanks everyone for all the replies. My boyfriend and I have been apart for so long our first priority is to be together so we really want to apply inland. I'm wondering, on what grounds might they conduct an interview? I've got a clean background.

Thanks guys!

[mitamata]

Usually they do an interview if they have doubts about your relationship. For example if you don't supply enough evidence to prove your relationship is genuine or if there's some confusion in there (for example you say you didn't have an engagement party but your sponsor says you did). For outland applications it's often also because the relationship doesn't fit the norm of applicant's country. For example if the applicant, their family and the rest of the county is highly religious but there was no church wedding... well, they don't seem to like that. But with sufficient evidence and a good explanation, most pass the interview.
All inland applicants also have to do a landing interview at the very end, but that's a different thing. That's where you become a PR.

[rjessome]

Thanks everyone for all the replies. My boyfriend and I have been apart for so long our first priority is to be together so we really want to apply inland. I'm wondering, on what grounds might they conduct an interview? I've got a clean background.

Thanks guys!

Doing an outland application doesn't stop you from being together.  You can still "visit" as you have a US Green card. 

[Immigration Expert]

Thanks everyone for all the replies. My boyfriend and I have been apart for so long our first priority is to be together so we really want to apply inland. I'm wondering, on what grounds might they conduct an interview? I've got a clean background.

Thanks guys!

Any ground is possible. The most common is "marriage interview" to verify if your marriage is genuine. The difference between "inland" and "outland " process is that "inland marriage interview" is possible in Canada as both applicants are here. 

[Leon]

Thanks everyone for all the replies. My boyfriend and I have been apart for so long our first priority is to be together so we really want to apply inland. I'm wondering, on what grounds might they conduct an interview? I've got a clean background.

Thanks guys!

May I repeat a part of my earlier reply:
Also be aware of the option to apply outland even though you are in Canada.

[Immigration Expert]

Thanks everyone for all the replies. My boyfriend and I have been apart for so long our first priority is to be together so we really want to apply inland. I'm wondering, on what grounds might they conduct an interview? I've got a clean background.

Thanks guys!

Doing an outland application doesn't stop you from being together.  You can still "visit" as you have a US Green card. 

Please also keep in mind that if for whatever reason the CAN Embassy/Consulate will request you to attend an interview, you would be compelled to attend this interview(s), alone. Having said that, I think it is up to you where, when and how to apply for your PR. The most important thing is to gather, prepare and file your docs to convince immigration authorities that you have a "bona fide" marriage and genuine relationship.  The other thing is to prove that your will reside with your spouse in Canada to form a family unit in this beautiful country.  If everything is going to be well prepared, they might decide to skip "marriage interview" option. Good luck!

[squirrel]

Thanks everyone for all the replies. My boyfriend and I have been apart for so long our first priority is to be together so we really want to apply inland. I'm wondering, on what grounds might they conduct an interview? I've got a clean background.

Thanks guys!

May I repeat a part of my earlier reply:
Also be aware of the option to apply outland even though you are in Canada.

Leon, that is an interesting option. How it is possible to file an outland application while staying in Canada. Can you give more details .(this option could be a HUGE timesaver).

Thank you!

[Leon]

You pick the forms for "my spouse does not live in Canada", here: http://www.cic.gc.ca/english/information/applications/fc.asp

 On the sponsorship form at http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf in section C, question 6a) you write the address of the person you are sponsoring and 6b) it asks you the status of the person in the country where they are living and 6c) asks you where you want to be processed.  For example if the person is a PR in the US or has a visa of 1+ years in the US and you want processing in the US, you should give an address in the US in 6a), in 6b) say yes and 6c) say yes.  If the person is legally in the US but you want processing in their country of nationality, you would say in 6c) no.  In 7 it asks for the mailing address of the person and there you can write the address in Canada.

Then follow the instructions for the visa office where you want processing.  Medicals can be done anywhere but if they are done in Canada, make sure to tell the doctor that it's an outland application.

The downside to outland is that if there is an interview, the person will have to go to the processing country for it.  Depending on where that is, it could be an expensive trip but just like with inland where you may be called for an interview and wait up to 3 years for it, it's probably less painful to buy a plane ticket.

[diddagirl]

Hi Kimmy,

I echo Leon and the others statements- applying outland. The recent timelines posted through Buffalo (for US Citizen/PR) have been SUPER fast... alot faster then inland. And nothing stopping you from staying with him in Canada as a visitor- up to 6 months, at which time you can renew if you havent recieved your PR yet..

[madzibaba]

Good morning guys , I need your help Is there a problem with applying for sousal sponsorship the week after you get married here in Canada or there is need for some lag time between marriage and the application