Check My Work! Spousal Sponsorship of an American, both reside overseas.

[astormridr]

Hi All!

I really appreciate all the help people give on here. You are angels! I've been swimming in information here, but I'd like some help to see if I have an accurate understanding. Please correct me!

My Canadian wife and I (American) have been living overseas in China/Hong Kong for 7 (me, 10) years, where we met, married, and have had a child who is now one year old. The child just received her Canadian citizenship in the mail today. My wife just accepted a teaching position in Canada, so now we are figuring out how to move back together as a family, hopefully in early July. As you all know, it's not as easy as many might think. From what I can tell these are the basic facts for my ideal application:

1. We apply for an outland spousal sponsorship as soon as we can (the paperwork looks amazingly daunting, but that's another post)

2. When landing Canada, the paperwork will not be done. But we should mention the PR application to the immigration agent.

3. The immigration agent in the airport should absolutely not think I plan on staying and applying for an extension of stay. Therefore, we have few bags. I explain that I am helping my wife settle in, and I will return to the US to visit my family and await processing of my PR application.

4. If (!) I am allowed in on the typical US tourist visa, I should apply for an extension of stay 30 days before my visa expiration.

5. The extension is very likely, but not guaranteed.

6. I await notification of status and... ? Not sure what happens next. Possibly an interview?

-----

So, are those assumptions mostly correct? I should apply outland, act like I am not going stay, and then try to stay?

Further questions:

a) Should I absolutely bring up the PR application and my intention to live, even show flight tickets out?
b) Isn't it a bit obvious, me showing up with my wife and baby (who absolutely cannot live alone without me!), that I will soon be applying for an extension of stay?

Thank you for any help you can give. I'm sure this is one of many posts, and one of a hundred hours I will spend on this website. The CIC should be paying you guys.

 

[Hurlabrick]

Others will I am sure provide their view, this is mine.

What you are proposing is about right in outline, but timing is important.

Seems to me sensible that you apply for outland spousal sponsorship.

Once that it well and truly lodged with CIC (and ideally after sponsor approval, which should take 30 - 60 days following receipt of your pack at CIC), you could fly in under 'dual intent', but be careful as you will need to prove strong ties back to the US (house, belongings etc.), a return ticket etc. If you do want to wait in Canada, you would hopefully be given a 6 months visitors visa, but that of course means that you cannot work in Canada during that time ( not certain if there is anything different here for US citizens though).

PS - you should now apply for a Canadian passport for your daughter.

Have a read about it all here:

http://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ_-_New_Application_Forms


...and this about dual intent:

http://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Can_I_wait_in_Canada_while_my_application_is_being_processed:_Dual_Intent

Do have a good read of this, especially the recent judgement of 'Mata vs Canada' as regards dual intent (and how NOT to do it!). The forms are daunting, but most people manage them without an immigration consultant (I did).

Timescales from receipt of your completed pack to Confirmation of Permanent Residence (CoPR) - anywhere from 6 months to maybe one year I woukld suggest.

 

[astormridr]

Others will I am sure provide their view, this is mine.

Thank you very much for your help! I didn't even realise sponsor approval was sent off first! The online information is abysmal. My wife had picked that up somewhere, but I had not. So thank you for that. And the link was very helpful about what to bring.

Also, I was not aware of the dual-intent option. Any thoughts on which is a safer bet?

Thanks again.

 

[canuck_in_uk]

3. The immigration agent in the airport should absolutely not think I plan on staying and applying for an extension of stay. Therefore, we have few bags. I explain that I am helping my wife settle in, and I will return to the US to visit my family and await processing of my PR application.

4. If (!) I am allowed in on the typical US tourist visa, I should apply for an extension of stay 30 days before my visa expiration.

6. I await notification of status and... ? Not sure what happens next. Possibly an interview?

Hi

3. You will be entering with your Canadian wife, Canadian baby and a PR app in process; the officer will know you are going to stay. There is no need to pretend you are leaving. You simply say that you are visiting them in Canada while the PR app processes.

4. American apps average around 6 month or less. You will almost certainly have PR before needing to apply for an extension.

6. You will not be called for an interview.


Many people come to Canada partway through the process, myself and my partner included. CBSA officers aren't stupid; they know that people in that situation have no intention of leaving. However, they can see that you know the rules, as you are in the process of applying to live here legally, so they are very lenient.

Don't lie and don't stress.

 

[astormridr]

Many people come to Canada partway through the process, myself and my partner included. CBSA officers aren't stupid; they know that people in that situation have no intention of leaving. However, they can see that you know the rules, as you are in the process of applying to live here legally, so they are very lenient.

Don't lie and don't stress.

Thank you, that makes more sense to me. But then why the disagreement on this forum?

And is it correct that you send off the Application to Sponsor first (IMM 1344) first before gathering and filling all other paperwork??

 

[Hurlabrick]

Thank you very much for your help! I didn't even realise sponsor approval was sent off first!

Ummm... careful here! It is not a case of sending off only the sponsor forms first, you send your ENTIRE PACK off all at the same time to Mississauga.

1. The first stage is that they review and approve the Sponsor.

2. Then they send the pack on to the visa office they think appropriate for the nationality of the applicant.

3. Then that visa office assesses the applicant and other stuff and makes the final PA approval decision.

Sponsor approval should take 4 - 8 weeks from receipt of your application.

 

[canuck_in_uk]

Thank you, that makes more sense to me. But then why the disagreement on this forum?

And is it correct that you send off the Application to Sponsor first (IMM 1344) first before gathering and filling all other paperwork??

Not sure what you mean by disagreement.

NO! The entire application must be sent together.

 

[astormridr]

NO! The entire application must be sent together.

Ummm... careful here! It is not a case of sending off only the sponsor forms first, you send your ENTIRE PACK off all at the same time to Mississauga.

1. The first stage is that they review and approve the Sponsor.

Sponsor approval should take 4 - 8 weeks from receipt of your application.

Thank you both! I guess I misunderstood. I think I've got it now! ;D