Application from LA back to Ottawa - Have questions!

[missmatalini]

Hello everyone!

A few months ago - my husband and I found out that our application was sent to the LA visa office because it was picked randomly to be sent to even workload (at least that's what I could interpret from our hard to read case notes)

We had planned to cancel our Canadian application and head back to the USA. . . because the wait time wasn't so long for residency. As we were getting ready to send a letter to withdraw, I received an email today saying that our application has been sent BACK to Ottawa. . . and they are requesting the RPRF and my medicals (No passport request)

We're going to continue with the Canadian application. . . .as well as doing our USA green card application. Should we expect a 2-4 month wait from where we are now until Permanent residency is granted? Is there any sort of timeline?

ALSO - since we are planning on heading back to the states for an unknown about of time. . .it says I need to spend 2 out of 5 years in Canada to keep my status. . . IF I am living with my Canadian Citizen spouse in the States, that still counts towards my obligation for the 2 out of 5 years right?

Any information would be great! Thanks!

 

[truesmile]

Can't comment on the timeline . . . but YES, if you are "with your Canadian citizen spouse" abroad, that will count towards your residency obligation but only for PR. You won't be able to count it towards any potential future application for Canadian citizenship.

 

[missmatalini]

Bumping this back up to the top.

Anyone else have any other insight?

 

[Ponga]

So...You'll be planning to spend 6 months out of every year living in the US, to maintain the Green Card residency requirements?

Or

You will be living in the US with your Canadian husband and simply using the days there to count towards your Canadian Residency Obligation of 730 days out of 5 years?


I considered doing the same for my Canadian partner, but the logistics seemed ridiculous.

 

[missmatalini]

So...You'll be planning to spend 6 months out of every year living in the US, to maintain the Green Card residency requirements?

Or

You will be living in the US with your Canadian husband and simply using the days there to count towards your Canadian Residency Obligation of 730 days out of 5 years?


I considered doing the same for my Canadian partner, but the logistics seemed ridiculous.

Because we don't know where we're going to end up - it just seems easier to do both. We've come this far with the Canadian application, if we're almost done, why cancel?

 

[Ponga]

That seems to make sense...especially if CIC is now asking you for the $490 and for your medical.

For an American, I don't believe that there is a passport request; just a scan of the identity page.
(at least that's what is required for an American Inland applicant).

Sounds like you're almost there...at least for your `piece' of the puzzle. Any idea how long the Green Card wait is going to be for your husband?


Good luck!

 

[missmatalini]

That seems to make sense...especially if CIC is now asking you for the $490 and for your medical.

For an American, I don't believe that there is a passport request; just a scan of the identity page.
(at least that's what is required for an American Inland applicant).

Sounds like you're almost there...at least for your `piece' of the puzzle. Any idea how long the Green Card wait is going to be for your husband?


Good luck!

It's averaging 8-13 months for a green card, but some are being processed much quicker (5-7 months). If I can get permanent residency soon, I don't mind waiting that long. I've been in Canada for now over a year jobless and unable to attend school so having something to do while we wait for his Visa would be great. That and it will be much easier to cross the border (My grandfather is dying of stomach cancer and I'm not sure I'll get to see him before he goes, UNLESS I can get my permanent residence approved) Fingers crossed. Somehow this is falling into place.

 

[Ponga]

I'm sorry to hear about your grandfather. I hope today is one of his [many] `good' days.

Why are you determined to remain in Canada? Unlike an Inland applicant, you need not worry about the possibility of being denied re-entry into Canada, as it would have no impact on your application.

If you feel the need to visit your grandfather...go!

If you do, but you don't go...you might not ever get past the regret.

 

[missmatalini]

I'm sorry to hear about your grandfather. I hope today is one of his [many] `good' days.

Why are you determined to remain in Canada? Unlike an Inland applicant, you need not worry about the possibility of being denied re-entry into Canada, as it would have no impact on your application.

If you feel the need to visit your grandfather...go!

If you do, but you don't go...you might not ever get past the regret.

After just weighing pros and cons (Along with him telling me not to risk it) I don't want to risk it. Because with my luck, they'll deny me entry. I don't have any ties to the States whatsoever so I don't know how I'd pull that off to get across the border. My husband has called and asked about re-entry and they just say it's 50/50 and depends on the officer we speak with, they suggested unless an emergency, if I'm here legally not to risk it either. . . I had a lot of "proof" of coming back when I first entered. . . and they were already "suspicious" so because I'm here legally now, I don't want to screw things up. . . I'm able to speak with him on skype frequently and he told me not to risk being separated from my husband so, we're crossing bridges when we get to them.

 

[truesmile]

Since you'll being going back and forth for a while, I recommend that you (both of you) get your Nexus card. The fee is only $50 and they're valid for 5 years. Crossing the border at Pearson, I don't even hafta speak with an officer, and driving through (where there's a Nexus lane) they quite often the wave me through without even stopping me to say "hi".