Best way to sponsor spouse (I'm a CDN citizen with US PR)

[pinkmohawk]

Hi,

this is my first post. I did a search and didn't see any posts that would fit my situation. I'm a Cdn citizen who has been living in the USA for the last 7 years. I acquired US permanent residency through my husband who is a US citizen.

4 months ago we welcomed the birth of our first child. It has been a difficult time for me. My parents live in Toronto so as you can imagine I often feel very alone. After considering our options we have decided that Canada would be a better place to raise our baby (for many reasons).

1. My parents own their home now and will have a place for us to stay
2. My parents will be retiring and my mom has offered to look after our son so I can pursue graduate school
3. I have a large family there so I will have a nice support system... much more than what I have now.

A week ago we just came back from visiting my family, we were there for 3 weeks.

My plan is to return in mid September. My son does not have CDN citizenship yet. I have to send in his paperwork.

My question is, what do I say to the border guard when I return in September? Should I say just visiting? My son is the first grandchild in the family.

My husband will be following in December. He wants to stay behind to sell off the rest of our belongings. Should I send in the sponsorship paperwork before or after he comes to Canada? If sending in after he arrives, what should he say when he is crossing the border?

Thanks!

 

[can_usa_97]

this is my first post. I did a search and didn't see any posts that would fit my situation. I'm a Cdn citizen who has been living in the USA for the last 7 years. I acquired US permanent residency through my husband who is a US citizen.

1. My parents own their home now and will have a place for us to stay
2. My parents will be retiring and my mom has offered to look after our son so I can pursue graduate school
3. I have a large family there so I will have a nice support system... much more than what I have now.

I'm in a similar situation, my husband however is the Canadian. We've lived in the US for 13 years this December. We are pursuing moving back because most our family here is moved away or died.

My plan is to return in mid September. My son does not have CDN citizenship yet. I have to send in his paperwork.

Might I suggest, if you are in a province which has a 3 month wait for healthcare to request expedited service when you submit the paperwork. I did and instead of 10 months, it took 2 weeks.

My question is, what do I say to the border guard when I return in September? Should I say just visiting? My son is the first grandchild in the family.

YOu can return, as a citizen, though hopefully someone will come along with specifics about if you should bring belongings with you (I think as a returning citizen you may have benefits of bringing back say a car (not sure that's one of them) moreover than a PR landing)

Should I send in the sponsorship paperwork before or after he comes to Canada? If sending in after he arrives, what should he say when he is crossing the border?

I'll let someone else answer this one, because we aren't moving until we have my PR in hand. There are many people who I bet can offer advice though.

Good luck~!

 

[RobsLuv]

There is more specific information about sponsoring a US citizen spouse for permanent residence in Canada on the US2Canada website, but basically that's what you'll be doing. You can start the application process while you are still in the States - a straight forward application will probably take about 6 months to finalize. It will be sent first the the Case Processing Centre in Mississauga, ON where they will assess your eligibility to sponsor. That takes about 45 days. You don't have to meet minimum income requirements (just in case you had the idea of your parents co-sponsoring, it's not needed but it's not allowed for spousal sponsorships anyway), but you will need to provide evidence of your plans to re-settle in Canada. If you've already been accepted into a graduate school program, that's all you need to show. Otherwise your parents can submit a statutory declaration of their knowledge of your plans to return and their intent to provide housing and support for your family until you get established. After that the application is transferred to Buffalo where his part is assessed. It takes anywhere from 4-9 months for his application to be finalized so he can come to Canada to "land" as a permanent resident.

Your son does have Canadian citizenship - you just don't yet have proof of that. You do need to apply for his citizenship certificate so that you can get his Canadian passport, but you should also get his US passport before you try to bring him to Canada. They know that the citizenship certificate process takes awhile and he's still young. Even if you had applied the day he was born, it's unlikely he'd have it yet. That should be in process before you try to come back - but with his US passport and proof of your Canadian citizenship and him being your biological child, I seriously doubt you'd have issues bringing him into Canada. Just have your paperwork in order. Also, you really shouldn't have to give them a reason for entering Canada - you are a Canadian citizen. You're entitled to enter Canada anytime you want to, for whatever reason. Your husband has to give a reason for entering because he's a foreign national, so that's why you hear that question when you're traveling with him, but Canadian border officials are not going to question your reasons for coming into your own country. Their main concern will be verifying your son's nationality - so that's what you need to be prepared for.

Your husband may be able to follow you in December, but he can't officially "live" with you in Canada (or work or go to school) until he has his permanent residence status. So he wouldn't be able to tie up loose ends at home and then drive all of your belongings into Canada. This can get really dicey - if he's trying to come into the country without you when he has a PR ap in process, especially bringing belongings, he will likely be turned around and they can even exclude him from Canada for up to two years for trying to "move" here without authorization. So, tread carefully. I'd suggest that you get the permanent residence application in process ASAP - make your move in September if you want to - but don't expect that he'll be able to come to Canada in December able to live and work here. It will be at least six months after you get the application submitted before he's eligible to come as anything other than a visitor - which means he won't be eligible to work or even have healthcare. Also, bringing your belongings into Canada: as a landing PR, your husband can bring all his belongings (including cars - as long as they're not financed) into Canada without having to pay duty. You, as a returning Canadian citizen, have a certain $$ value that you can import without paying duty. So it's probably in your best interest to leave the majority of your furnishings and valuables in the States until your husband is "landing" and can import them. There's more information on duties and importing for resettling Canadians at the CBSA website.

 

[AllisonVSC]

Looks like three of us tried to respond about the same time... ;D

I suggest you send it as soon as possible. Start with getting the FBI clearance asap as it is taking 12 weeks right now. It is quite possible that with a straightforward outland case, he could be close to getting his visa in December. Don't wait for the background check, just send that in when you get it. When he crosses the border in December it would be best if you could cross with him and speak on his behalf (with proof of marriage and child and a receipt or sponsorship letter to prove a PR visa in process) saying that you wish for him to wait out the rest of his processing with his family. It seems that border guards are often dealing with this type of situation and though it is in their discretion to refuse him entry, if you offer proof that you are in process and understand that he may only visit (NOT MOVE) while he's here, they will likely let him in.

When you cross the border by yourself in September you probably won't be asked the purpose since you are a Canadian citizen. You could just say you are going to stay with your parents.

There are a lot of folks on the forum here who have experience crossing the border under similar conditions. I am sure they will be weighing in on the topic. Good luck and best wishes. Allison

 

[can_usa_97]

I forgot to mention, in regards to your son crossing with you.

The CIC representative told me, to have our kids cross with my husband (the Canadian) and they can stay for 6 months being citizens of the USA without any questions/trouble.

 

[plumosa]

I have only one thing to add to the wonderful advice above: take care to make sure that your US pr is not jeopardized by coming back to Canada. Is it possible to apply for your citizenship right now? It would make things so much easier down the road if you were both dual citizens!

 

[pinkmohawk]

thank you for all the great advice. Interestingly, every time I have crossed (with or without) my husband I have been asked my intentions... and I always have my Cdn passport! Maybe I always look nervous? 8 years ago when we were dating I was denied entry by a very mean US border guard. I guess I've always been concerned since that day... I know its illogical since we're talking about Cdn customs.

I have thought of applying for my citizenship here, but bc of financial constraints I have not. In all honesty I don't foresee us ever moving back to the USA...

our house is in foreclosure... so we're moving to an apt (spouse was laid off about a year ago and now our savings have vanished)
we paid a company (who came with good personal references) to help us refinance only to find out the company has filed bankruptcy. It cost us several 1000s of dollars and although we have filed a fraud complaint...we probably won't see a cent of it back
i have received my share of racist remarks... unlike anything I have ever received growing up in Toronto.
My in laws are crazy. I'll leave out the details unless you want to play whose in laws are crazier!

sorry for ranting. :-[

 

[pinkmohawk]

Hi again,

I encountered a few more questions.

When filling out application to sponsor and undertaking (IMM1344EA) I only have to list my spouse correct? I don't have to list our son because he is already a Cdn citizen? (also trying to figure out which fees I need to pay)

In the section that asks for your net income (sponsorship evaluation) what do you put in for the dates? I quit my job 6/30/2010 have not not earned any income since then.

Should I send in this application before or after my son and I have moved to Canada? A couple questions ask about my residency. I'd like to say I reside in Canada as that is where I plan to be in a few weeks and I would like all correspondence to be sent to my residence in Canada.

Also, would have state health insurance negatively affect our application to Canada? We are in the process of gaining state subsidized health insurance (don't have it yet) and I'm willing to cancel the application if it will negatively affect us.

Lastly... my husband was an immature young adult. He has a few speeding tickets on his record. At one time, he was even placed in a holding cell and I had to post bail for his release. Later he saw a judge and he paid a fine. Would this make him criminally inadmissible?

Thanks

 

[can_usa_97]

When filling out application to sponsor and undertaking (IMM1344EA) I only have to list my spouse correct? I don't have to list our son because he is already a Cdn citizen? (also trying to figure out which fees I need to pay)

That is what we did, however they do come up in another form. We did include a slip of paper with his application indicating and with a copy of the fees paid on the kids Certificates of Citizenship just to help with any confusion.

In the section that asks for your net income (sponsorship evaluation) what do you put in for the dates? I quit my job 6/30/2010 have not not earned any income since then.

My husband switched jobs, he wasn't unemployed at anytime, but he averaged the income.
I would put the dates, and your salary while you were working.

Should I send in this application before or after my son and I have moved to Canada? A couple questions ask about my residency. I'd like to say I reside in Canada as that is where I plan to be in a few weeks and I would like all correspondence to be sent to my residence in Canada.

From what I understand it's a simple process in which to change your address with CIC, that said. Your husband will need to have his medical done at minimum first. Some are waiting for the FBI certs to come in before sending in the application ( I didn't) which is taking 8-12 weeks. So, in that case, you'll likely already be in Canada? And your staying with family if I remember right -just use that address.

Also, would have state health insurance negatively affect our application to Canada? We are in the process of gaining state subsidized health insurance (don't have it yet) and I'm willing to cancel the application if it will negatively affect us.

Lastly... my husband was an immature young adult. He has a few speeding tickets on his record. At one time, he was even placed in a holding cell and I had to post bail for his release. Later he saw a judge and he paid a fine. Would this make him criminally inadmissible?

I am not sure about these- if the insurance is in the US I don't think it will affect the Canadian application.
However, if it's from Canada it may (but you said State) But, on that thought -it's that one of the undertakings for the US? That you don't fall under the umbrella of social assistance? I'm not familiar with the insurance and if it falls under it. Though you also indicated you weren't planning on returning to the US again anyhow.
My understanding was the sponsor had to repay those monies if the applicant went on the assistance. If your leaving in a few weeks, perhaps that won't apply - if it did in the first place.

As for the speeding tickets/holding I'm not sure, someone else will have to answer.

 

[pinkmohawk]

Yes, the insurance is on the american side. We currently don't have insurance as we navigate this whole US to Canada plan. Our state (Arizona) offers free insurance to those who make below a certain monthly amount. I read somewhere that social assistance means welfare? And we've never been on that, American or Canadian. I just applied for the free healthcare because we have a new infant. But I don't want it if it'll jeopardize our chances! The application said I am ineligible to be a sponsor if I've ever had social assistance and that's where I got worried! I'll call tomorrow and ask them to cancel the healthcare application.

I hope my husband isn't inadmissible, he made some really foolish mistakes (was in his mid twenties at the time). Thank you kindly for the advice. I need all the help I can get! ;D

 

[plumosa]

I am pretty positive the "no-social-assistance" thing is Canada-only...not that what you've mentioned would even count!

As for the law problems, get the FBI and state reports ASAP and see if anything comes up. When you know the answer to that you can proceed with a lawyer if needed. The state reports will come back a lot faster than the FBI report so you should know fairly quickly.

 

[can_usa_97]

Yeah assistance in the US won't matter as far as I know.

The quote from foreignborn is;

What are My Responsibilities as the Sponsor of a Green Card for My Relative?
When you sign the Affidavit of Support, you accept legal responsibility for financially supporting the sponsored immigrant(s) until they become U.S. citizens or can be credited with 40 quarters of work. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. If the immigrant receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. When in doubt, ask the benefit provider whether the benefit is a "means-tested public benefit."

Currently, federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP). States and local jurisdictions may also designate certain of their programs as means-tested public benefits.

The following types of programs are not counted as means-tested public benefits: emergency Medicaid; short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; student assistance under the Higher Education Act and the Public Health Service Act; certain forms of foster-care or adoption assistance under the Social Security Act; Head Start programs; means-tested programs under the Elementary and Secondary Education Act; and Job Training Partnership Act programs.

So you may be just fine with your application. Again, I don't think this affects your CANADIAN application - but it could your US if say you weren't approved and had to return, ect. I didn't really read that blurb I just pasted as I am meant to be in bed 5 mins ago, lol.


And - given that you intend on leaving the US in a few weeks - would you ever actually use the assistance? Or just your husband?

 

[pinkmohawk]

Hello,

no I probably wouldn't use the state health insurance. My Husband wanted it for a "just in case scenario".

How do I go about obtaining state and FBI background checks? I've only just finished the sponsorship application, my eyes feel like they're going to roll out of my head!

 

[plumosa]

Hello,

no I probably wouldn't use the state health insurance. My Husband wanted it for a "just in case scenario".

How do I go about obtaining state and FBI background checks? I've only just finished the sponsorship application, my eyes feel like they're going to roll out of my head!

http://www.fbi.gov/hq/cjisd/fprequest.htm

as for the states, google "official XYZ state police record" and look for the one listed by the state's government, not some private firm.

 

[scylla]

How to obtain the FBI info:

http://www.cic.gc.ca/english/information/security/police-cert/north-america/united-states.asp

I don't think you'll need to obtain state certificates unless they're specifically asked for during the processing of your application. (Hopefully someone else can confirm?)