Los Angeles Visa Office Applicants Check in here! :)

[Mushmash]

Hey guys happy new year! I've completed the interview and now it's just waiting for PPR. Does anyone know how long it takes to get PPR after an interview in the LA office?

 

[Mushmash]

Has anyone heard from The Los Angeles office lately?

 

[Thaliada]

We got the CoPR today!!! All it's left to do is figure out a way to get the PR All the best to everyone!

Thaliada

 

[Mushmash]

We got the CoPR today!!! All it's left to do is figure out a way to get the PR All the best to everyone!

Thaliada

Congratulations Thaliada! How long did it take you to receive COPR after PPR?

 

[Mushmash]

Hey everyone I received my COPR yesterday After two years of waiting I'm happy to say the process is almost complete. Thanks to everyone who gave advice and made this wait so much more bearable. It's because of the all the information and recommendations I received from this forum that I was able to make sound decisions with regards to our application. Thanks again! Cheers!

 

[Phett001]

Hello Everyone!
I am apologizing in advance for this very long post. I am at my wits end and need advice/guidance!

My Boyfriend (Canadian Citizen) sponsored me (US Citizen) under Family Class Conjugal. We now know that conjugal is hard to prove, but we didn't know at the time and we did everything without a lawyer.

June 2013: We submit our application. We submitted it with help from a multi-cultural center in Kenora, Ontario. We picked the Seattle VO since we took the outland applicant path. (I got a TRV valid over a year so I could be with him while we waited)

July 2013: We get an email from Ottawa stating my boyfriend is approved to be a sponsor. Then we see online that the Detroit and Seattle offices had closed that January. We were furious that no one told us and that those VO were still an option on the application! I sent a frantic email wondering where our application was and got a short reply stating it was in Ottawa Case Processing Pilot (processing time= 12months.)

January 2014: We FINALLY are contacted with information about our application. Ottawa emails us stating that they have concerns that we don't meet requirements for conjugal or common law. They also state they do not believe my boyfriend and I are in a genuine relationship because they see no intent from us to get married. They give us 60 days to send in more ‘proof' of our relationship. They ask for evidence like shared property (impossible since I don't have an Ontario ID to put my name on cars or our house) or joint checking accounts (which we opened and sent proof of.) We sent the large packet of more proof to Ottawa with signature-verified delivery.

...The only thing the CIC online status check says is that our application was received June 2013...

June 2014: I check processing time for Ottawa; it was bumped to 15 months. I email anyways asking for any information on our application. I receive no reply.

August 2014: I email Ottawa again, sending my plea for more information to 2 different email addresses. Ten days later, I receive this reply...

Dear Applicant,

Please note your application for permanent residency was referred to the visa office in Los Angeles. Please contact the visa office in Los Angeles for any questions or concerns related to your application.

Kind regards,
Case Processing Centre - Ottawa

In shock, I forward my email and the message from Ottawa to the Los Angeles email address... three days later they reply with just this...

The File is in queue for review by the Immigration Officer.

Sincerely,
Citizenship and Immigration Canada

What does that mean?! We have waited almost 16 months now! And the wait time for the LA office is 26 months! We have no idea how long our application has been at LA or if the 16 months we waited so far is part of or added on top of the 26 months for LA... I don't want to email anymore and pester them because I know that can be detrimental for your application. And all this time, the CIC status check only states my application was received in June 2013 and our medicals were received. That is all it says. What do we do?

 

[dozel]

Hello Everyone!
I am apologizing in advance for this very long post. I am at my wits end and need advice/guidance!

My Boyfriend (Canadian Citizen) sponsored me (US Citizen) under Family Class Conjugal. We now know that conjugal is hard to prove, but we didn't know at the time and we did everything without a lawyer.

June 2013: We submit our application. We submitted it with help from a multi-cultural center in Kenora, Ontario. We picked the Seattle VO since we took the outland applicant path. (I got a TRV valid over a year so I could be with him while we waited)

July 2013: We get an email from Ottawa stating my boyfriend is approved to be a sponsor. Then we see online that the Detroit and Seattle offices had closed that January. We were furious that no one told us and that those VO were still an option on the application! I sent a frantic email wondering where our application was and got a short reply stating it was in Ottawa Case Processing Pilot (processing time= 12months.)

January 2014: We FINALLY are contacted with information about our application. Ottawa emails us stating that they have concerns that we don't meet requirements for conjugal or common law. They also state they do not believe my boyfriend and I are in a genuine relationship because they see no intent from us to get married. They give us 60 days to send in more ‘proof' of our relationship. They ask for evidence like shared property (impossible since I don't have an Ontario ID to put my name on cars or our house) or joint checking accounts (which we opened and sent proof of.) We sent the large packet of more proof to Ottawa with signature-verified delivery.

...The only thing the CIC online status check says is that our application was received June 2013...

June 2014: I check processing time for Ottawa; it was bumped to 15 months. I email anyways asking for any information on our application. I receive no reply.

August 2014: I email Ottawa again, sending my plea for more information to 2 different email addresses. Ten days later, I receive this reply...

Dear Applicant,

Please note your application for permanent residency was referred to the visa office in Los Angeles. Please contact the visa office in Los Angeles for any questions or concerns related to your application.

Kind regards,
Case Processing Centre - Ottawa

In shock, I forward my email and the message from Ottawa to the Los Angeles email address... three days later they reply with just this...

The File is in queue for review by the Immigration Officer.

Sincerely,
Citizenship and Immigration Canada

What does that mean?! We have waited almost 16 months now! And the wait time for the LA office is 26 months! We have no idea how long our application has been at LA or if the 16 months we waited so far is part of or added on top of the 26 months for LA... I don't want to email anymore and pester them because I know that can be detrimental for your application. And all this time, the CIC status check only states my application was received in June 2013 and our medicals were received. That is all it says. What do we do?

You will be more likely to be requested for an interview if your file had been transferred to LA. We (married) filed our app about the same time as yours (June 2013). And our file was transferred to LA in March. Then we got an email in June asking for an interview that was scheduled in August.

LA is a small office, that might be the reason why 80% of the applicants take up to 26 months to be finalized. We are on our 15 months mark now.

 

[computergeek]

My Boyfriend (Canadian Citizen) sponsored me (US Citizen) under Family Class Conjugal. We now know that conjugal is hard to prove, but we didn't know at the time and we did everything without a lawyer.

Conjugal is almost impossible to prove for a Canadian/US couple - it requires some sort of legal impediment that would prevent you from getting married and living together to qualify for common-law status. Thus, my concern in your situation is that they will drag this out (because they cannot refuse it without going through all the steps to ensure procedural fairness) but in the end determine you aren't qualified for conjugal status.

Is there a reason that your boyfriend cannot enter the US? Is there a reason that you cannot enter Canada? Absent that, the visa office will refuse because you can get married, and thus there's insufficient barriers to qualifying via a "normal" path. For example, if you did not wish to get married, you could go to Canada as a visitor and by extending your visitor status you could then qualify as a common-law couple. But even if you attempted that and were refused the visitor extension, they will still conclude you could get married - they don't have to grant conjugal just because you don't want to get married.

I would suggest you really look hard at your application and determine if an objective stranger will see sufficient impediments to you being together that you should be granted immigration status in this rather unusual class. If not, you might want to consider taking the steps necessary to qualify as either married or common-law, withdraw your original application and re-file it with the new relationship information.

Of course, if your relationship status changes between now and a refusal, you also have the option of appealing the refusal (to the IAD) and they will consider the new relationship evidence (even though CIC will normally not do that - they base it upon the status of your relationship at the time the application was logged into their system - the "lock-in" date.)

 

[Phett001]

Conjugal is almost impossible to prove for a Canadian/US couple - it requires some sort of legal impediment that would prevent you from getting married and living together to qualify for common-law status. Thus, my concern in your situation is that they will drag this out (because they cannot refuse it without going through all the steps to ensure procedural fairness) but in the end determine you aren't qualified for conjugal status.

Is there a reason that your boyfriend cannot enter the US? Is there a reason that you cannot enter Canada? Absent that, the visa office will refuse because you can get married, and thus there's insufficient barriers to qualifying via a "normal" path. For example, if you did not wish to get married, you could go to Canada as a visitor and by extending your visitor status you could then qualify as a common-law couple. But even if you attempted that and were refused the visitor extension, they will still conclude you could get married - they don't have to grant conjugal just because you don't want to get married.

I would suggest you really look hard at your application and determine if an objective stranger will see sufficient impediments to you being together that you should be granted immigration status in this rather unusual class. If not, you might want to consider taking the steps necessary to qualify as either married or common-law, withdraw your original application and re-file it with the new relationship information.

Of course, if your relationship status changes between now and a refusal, you also have the option of appealing the refusal (to the IAD) and they will consider the new relationship evidence (even though CIC will normally not do that - they base it upon the status of your relationship at the time the application was logged into their system - the "lock-in" date.)

There is legal precedence preventing officers from rejecting applications based on the "they could get married, so why aren't they?" notion. A couple took CIC to court over being rejected for simply not wanting to get married and won. So that is not a reason for them to reject us. I know there is a section in their manual that states if the conjugal couple qualifies for common-law or gets married during the course of the application, the officer is to transfer the application under the new status and continue reviewing it under the new relationship status. I heard of a couple bringing this clause to the officer's attention during their interview and (the very surprised officer) passed them.

 

[computergeek]

There is legal precedence preventing officers from rejecting applications based on the "they could get married, so why aren't they?" notion. A couple took CIC to court over being rejected for simply not wanting to get married and won. So that is not a reason for them to reject us. I know there is a section in their manual that states if the conjugal couple qualifies for common-law or gets married during the course of the application, the officer is to transfer the application under the new status and continue reviewing it under the new relationship status. I heard of a couple bringing this clause to the officer's attention during their interview and (the very surprised officer) passed them.

Can you cite to the specific legal decision that states CIC is bound to permit "conjugal partner" applications based upon a theory of a right not to marry as well as a right not to cohabitate?

Or are you simply referring to the decision that one does not have to be married to obtain legal rights (http://canlii.ca/t/1fqm4 ). I cannot find any basis of reading this as broadly as would be required to permit them to avoid the normal requirement of either being common-law or married.

Pragmatically speaking, I've seen couples on this forum report they were refused conjugal status when there were barriers to them cohabitating (so they could meet the common-law requirement) because they had the option of getting married.

Thus, to meet the requirement for conjugal, one must show significant impediments to either getting married or meeting the statutory one year co-habitation requirement. For example, suppose the Canadian applicant were forbidden to enter the US (for whatever reason) and the US applicant were forbidden to enter Canada (again, for whatever reason) - in that case, there would be sufficient impediments: still, I could see a creative officer arguing that they still had the option of getting married (I know of at least one zone between the countries where both parties could be present and thus could be married if they so chose).

But if they do not cohabitate or marry because it is inconvenient for them (e.g., it creates financial hardship) that doesn't rise to the level of sufficient impediment.

There's quite a lot of text on this issue in the manuals (OP 2, Section 5.25 and 5.26). Conjugal is definitely the most difficult type of relationship to prove to the satisfaction of an immigration officer.

 

[grapz]

Hey Guys,


I am just wondering how do they decide whether or not your case gets sent to Ottawa or LA?

I am a Canadian Citizen wanting to sponsor my wife (Resident of US) over for PR. Our case is not complicated, we are both doctors and want to be together as fast as possible.

 

[computergeek]

I am just wondering how do they decide whether or not your case gets sent to Ottawa or LA?

I am a Canadian Citizen wanting to sponsor my wife (Resident of US) over for PR. Our case is not complicated, we are both doctors and want to be together as fast as possible.

All applications are sent to CPC-O. For problematic applications, they will forward them to LA.

If you are an MD, there's no reason for you to be apart - medical doctors are covered by NAFTA so if you find a position in Canada, you can obtain your NAFTA work permit at the POE. However, if you will be working with patients (versus doing research or paperwork) you also must have a physical examination done (the PR exam is not interchangeable). There is a discussion about this on the CIC website (http://www.cic.gc.ca/english/information/medical/medexams-temp.asp). With that, you stop in at the POE (border crossing or airport), provide them with copies of your documentation (medical exam, offer letter, evidence of your credentials, two photographs, your passport and the work permit fee) and pick up your work permit (which can be valid for up to three years).

Note that having temporary status in Canada (e.g., a NAFTA work permit) does not impact your pending PR application.

 

[triple p]

Just about to send in our application package. Apparently hubby has a DUI from 9 years ago (did community work, etc. at that time). We are already filing our application through a law firm, but I was wondering...How long might it take to process our application now? He is a US PErmanent Resident and I am a Canadian Citizen. I understand there is some additional paperwork re-criminal rehabilitation. I am still hoping the application will be no longer than 1.5 years, but would appreciate any support/advice from anyone in the same boat. Tired..Will we both have to go in for an interview? I assume our application will probably be sent to LA now.

 

[computergeek]

Just about to send in our application package. Apparently hubby has a DUI from 9 years ago (did community work, etc. at that time). We are already filing our application through a law firm, but I was wondering...How long might it take to process our application now? He is a US PErmanent Resident and I am a Canadian Citizen. I understand there is some additional paperwork re-criminal rehabilitation. I am still hoping the application will be no longer than 1.5 years, but would appreciate any support/advice from anyone in the same boat. Tired..Will we both have to go in for an interview? I assume our application will probably be sent to LA now.

It's likely that the application will be forwarded to LA. He will need to apply for rehabilitation as well, and that does take additional time. So here's my question: (1) why not apply for rehabilitation up-front? (2) why not wait until it's been 10 years and he is "deemed rehabilitated"? While waiting is never fun, the referral to LA will likely add 1-1.5 years onto the processing time anyway - so having the paperwork necessary (or avoiding the issue entirely) to let CPC-O make the decision might be worthwhile.

 

[rhcohen2014]

files that are sent to LA are currently averaging 12-16 months total processing time.