DESPERATE FOR SOME ANSWERS

[catjane]

Re: Desparate For Some Answers

Thank you for all that information. I spent most of yesterday and last night printing out forms. I am not even sure I printed out the right forms and every time I look, I have another form to print out. This is all just becoming so complicated. One of the biggest problems is we own a home here. We can't just leave it. We had it put up for sale the other day. So, as long as he has an application started, he can cross the border? I can't seem to find where to do the fees or even how much all this is going to cost. My husband is on disability and is not good at doing things on his own. It would overwhelm him to come to Canada, drop me off and then have to come back to the states by himself. I keep telling him I should jut go on ahead, find a place to live then send for him, but he would have no clue where to even begin to figure out any of this, this is why we have to go together. I'm getting very stressed about all of this. I'm thinking of getting a lawyer but can't even seem to find one on line.

I have to go all the way to Orlando on January 19 which is a 10 hour drive just to ask the judge to let me leave on my own and give me more time to prepare. I could get deported (long story....36 year old pot charge). The thing is. I need a place to live in Canada therefore, I need to bring across all that it takes to fill up a house, which is the contents of our house, but that looks like it's going to be a problem...mind you, what's his i mine, so really, it is all my stuff, right *wink* Could I have an argument for that? he could go back and stay with his dad after dropping me and all the stuff off but would they believe me? Does anyone know where I can get an immigration lawyer?

 

[catjane]

Your husband is very unlikely to be able to take all his belongings into Canada before he is a PR.
Being married to a Canadian does not bestow any rights or privileges upon him.
He would be a visitor until he becomes a PR, visitors "visit" they do not "move".

The Canadian Government makes the rules, not people here. You have advice, it was given based upon the information that you provided in your post.

What does the court have to do with an extension? Canadian visa extensions are not normally limited to 120 days. I assume this is something being processed in the USA?

If the case is complicated then it may be better if you contact an immigration lawyer.

Balloo, the court extension is for me here in the states. It is a deportation heariing on jan. 19th. They want to deport me for a 36 year old pot charge, so I can't live here, that's why this is all so urgent. I will be asking to leave on my own with an extension of 120 days. I will need a place live. Hopefully my husband can come wth me because he can't support himself in the states and me in Canada. It's all so stressful and complicated and can barely sleep any more.

 

[CharlieD10]

This site is operated by an Immigration lawyer. Why not go to the home page and check out his contact information?

When I first joined this site, I contacted him via email, and got a pleasant reply within a couple days. Our case is not so complicated we need his assistance, but we were very impressed with the information and range of services offered. Can't hurt to try.

 

[catjane]

Get the application typed up and sent in as soon as possible. Some people have had no problems successfully bringing their spouses across by showing that their application is in process.

I am not saying that you will be able to get him across that way but having the application in process can help.

Others on this forum have made the mistake of trying to import their belongings before they had PR and it has caused them to be denied entry in to Canada... and even get exclusion orders because they misrepresented the truth at the border.

I crossed as a returning resident with a UHaul full of stuff that was "mine". Some of the boxes had stuff in it that was technically my husbands but the majority of it was household stuff that I claimed as my own.


There is nothing to stop you from moving your belongings to Canada as a returning resident and then have your husband fly up to visit you shortly after you land. The problem with getting across the border is that he has to be able to show that he will leave if he is required to. It is always a risk.

An outland application will take approximately a month to get sponsorship and then if your application is complete and straight-forward and your relationship obviously genuine then you can get approval anywhere from 2 months to 9 plus months.

Bear in mind that putting the application together can take quite a while. It took us 2 months to get the application all put together and we sent it off before we had the FBI certificate - we have been married 12 years.

Good Luck

FBI certificate? Not sure about that one. There just seems to be more and more all the time. I have all kinds of forms made out and downloaded but have no idea if they are even the right forms or how to even pay for them. I've spent hours on those sites. I'm tired, I need a break. thanks for all your help! Do you have any idea how much all this costs? How do poorr people immigrate? I heard about $1500...wow!

 

[catjane]

This site is operated by an Immigration lawyer. Why not go to the home page and check out his contact information?

When I first joined this site, I contacted him via email, and got a pleasant reply within a couple days. Our case is not so complicated we need his assistance, but we were very impressed with the information and range of services offered. Can't hurt to try.

Oh wow, didn't know that, I will try to contact him. Thanks so much!

 

[scylla]

The CIC fees are $1040. However there will be additional costs for the FBI certificate, medical, etc.

 

[bobshynoswife]

I am sorry you find yourself in such a tough spot. Here is my advice for you...

First of all, you are going to have to budget about $1800 for all the costs associated with applying (app fees, medical check, fbi certificate, misc costs of the application like photos, printer ink, sending it by fed ex)

You need to apply for your husbands FBI certificate ASAP. It will take several months to arrive.

Wait till January and find out how long you have to stay in the US, try to have your house sold for around that time. Have your husband undergo his medical check in January or February. Apply with the address on the application for you in Canada, and the one for your husband his father's house in Florida. Pack up all of your belongings and move to Canada, leaving your husband at home living with his dad, with just his personal items, like clothes. Cross the border into Canada with no mention of your husband unless they ask - just tell them you are moving home. When you get to Canada and get settled, have your husband fly up to visit you. He should be okay to stay here as a visitor until his PR is granted. As technically still a resident of the US, he would still receive his disability payments.

The only issue i can see is when to apply - before or after you move home. The issue of course is whether YOU as the sponsor are resident in Canada or not. If you aren't, then you have to prove your intent to return. It might be easier to return before the application goes in, just so that you don't have to go over that hurdle.

Most likely you will have to be apart from your husband, for a little while. I don't think there's a chance in hell the border guards will waive him in if he's arriving in a uhaul full of stuff. If he can stay with his dad for a little while, that's probably a good option.

Good luck!

 

[YorkFactory]

I'm wondering if it's even advisable for your husband to try to enter Canada, because once you've left the U.S., there's a good case to be made that he has stronger ties to Canada (a wife) than he does to the U.S. (not having a date to return to work, and having just sold his house) and is therefore likely to stay longer than his allowed visit.

BTW, there's nowhere in Florida that's ten hours from Orlando.

 

[MandiF]

BTW, there's nowhere in Florida that's ten hours from Orlando.

Depends how you try to get there I suppose!

 

[catjane]

I'm wondering if it's even advisable for your husband to try to enter Canada, because once you've left the U.S., there's a good case to be made that he has stronger ties to Canada (a wife) than he does to the U.S. (not having a date to return to work, and having just sold his house) and is therefore likely to stay longer than his allowed visit.

BTW, there's nowhere in Florida that's ten hours from Orlando.

Maybe not quite 10 hours, but have driven there before fromn Penacola and it's close to 10 hours...whatever, thing is, it's a long drive give or take a few. Just love you nitpickers lol.