Confusing paperwork

[Luvacanadian]

Hi I am new here and have been reading the forums. you all seem quite helpful and for that I am so appreciative.
I am an American and have been dating my Canadian Boyfriend for 2 years. we are getting married next week and then we will be mailing off the sponsorship paperwork right after that. I also have my physical scheduled for next week. I do have a few questions for you and hoping someone can give me the answers, I would greatly appreciate it. 1) If I have no dependents as in my children are grown do I have to list them on the additional Family members paperwork even though they are not coming with me? That one does not specify. it makes it sound like you have to list them like they are coming with you! 2) I have been previously married and it asks for final divorce cert which I don't have, but since I will be married by the time I submit this, To a canadian, will I still have to submit that?
I appreciate any help, thanks to all who respond

 

[computergeek]

Hi I am new here and have been reading the forums. you all seem quite helpful and for that I am so appreciative.
I am an American and have been dating my Canadian Boyfriend for 2 years. we are getting married next week and then we will be mailing off the sponsorship paperwork right after that. I also have my physical scheduled for next week. I do have a few questions for you and hoping someone can give me the answers, I would greatly appreciate it.

Don't forget you will need to send in a copy of your marriage certificate, so you may need to wait a bit after you get married. Some jurisdictions seem a bit slow to get this out.

1) If I have no dependents as in my children are grown do I have to list them on the additional Family members paperwork even though they are not coming with me? That one does not specify. it makes it sound like you have to list them like they are coming with you!

Right - you just need to list them on the additional family information, not on the main IMM 008 form.

2) I have been previously married and it asks for final divorce cert which I don't have, but since I will be married by the time I submit this, To a canadian, will I still have to submit that?

Yes, you must provide this. If you do not have a copy, you can order one from the jurisdiction where the divorce was conducted. There are commercial services that will take care of much of this for you as well, just type in something like "order divorce certificate" or "divorce certificate copy new jersey" and you'll be amazed at the options.

They need this because without it they won't know that your new marriage is legitimate.


Good luck!

 

[Luvacanadian]

Thank you all for your responses. I got my my certified copy of my marriage certificate right after the ceremony. and I received my copy of the divorce certificate from my ex husband in the mail last week. all I am waiting for now is my FBI background check to come back and I will be ready to submit the application. there are a couple more questions I have, I know al ot of these may sound silly but I tell you they are so vague on the questions I just want to make sure. so here goes
1) when it asks for pictures of your family members, its not talking about your family that's not coming with you is it? I mean that would just be silly, although they do ask for all my family members names, addresses etc on your application,so I am not sure. That would be a lot to ask of all my family members to go out and pay for passport pics they will never need.
2) We are applying out land for my sponsorship so that I can go back to the US for a couple days here and there during the process, mainly because if we apply inland I can't leave without risking denial of re-entry. at least that's what it sounds like! Do you know if we were to apply inland if I can leave for a few days here and there, like to go camping this summer etc? the thing is , Is I want to be able to work as soon as it's possible and its my understanding I can't get an open work permit if i am applying outland. so i could really use some advice on this. Sorry for being so long winded but seriously everything is so vague with the paperwork. funny how they want so many details yet they are so vague, lol
Thanks in advance for your help

 

[computergeek]

1) when it asks for pictures of your family members, its not talking about your family that's not coming with you is it? I mean that would just be silly, although they do ask for all my family members names, addresses etc on your application,so I am not sure. That would be a lot to ask of all my family members to go out and pay for passport pics they will never need.

Immigration photos are only required for people immigrating and/or being examined. Of course, relationship photos might include pictures of your family as well.

2) We are applying out land for my sponsorship so that I can go back to the US for a couple days here and there during the process, mainly because if we apply inland I can't leave without risking denial of re-entry. at least that's what it sounds like! Do you know if we were to apply inland if I can leave for a few days here and there, like to go camping this summer etc? the thing is , Is I want to be able to work as soon as it's possible and its my understanding I can't get an open work permit if i am applying outland. so i could really use some advice on this. Sorry for being so long winded but seriously everything is so vague with the paperwork. funny how they want so many details yet they are so vague, lol

The forms are generic to many situations which makes them frustrating to complete. Be as complete and thorough as you can and use common sense when called for - if you have ANY question about the meaning of something, attach a sheet and explain your answer. That prevents them from arguing you committed misrepresentation.

As for inland versus outland, I don't think it makes much difference for a US applicant. I'll also ask if you have a professional degree because if you do then check and see if you are covered by NAFTA in which case you can just get a work permit at the border, no LMO required. THAT's a better alternative than doing an inland application.

Yes, there is a CHANCE for refusal at the border - but a border refusal may be challenged and they have to have a plausible explanation for refusal, especially with a pending inland application (since it has such a significant impact). The termination of the application is not automatic, either - it's just that a requirement of an inland application is that you be living with the sponsor in Canada. Short vacations out of Canada are fine. I've never heard of anyone from the US being refused with an inland application unless there was some other aggravating factor, like criminality.

 

[computergeek]

1) If I have no dependents as in my children are grown do I have to list them on the additional Family members paperwork even though they are not coming with me? That one does not specify. it makes it sound like you have to list them like they are coming with you!

Yes, you must list them on the supplementary information sheet (5406?) You do not list them on IMM 008

2) I have been previously married and it asks for final divorce cert which I don't have, but since I will be married by the time I submit this, to a Canadian, will I still have to submit that?

Yes. Without that they can't be certain your existing marriage is legal. It's a legal requirement they have evidence of the termination of previous relationships.

 

[Luvacanadian]

Are you saying that the processing times for a Us citizen are about the same for inland vs. outland, for the purpose of getting a work permit or in general? I know the processing times look very different inland compared to outland as far as the sponsorship approval, that's why we are thinking it may be better to go inland so I can at least get a work permit, but according to the overall time to complete the process either way its about the same. 11-14 months?

On a separate but related note...

As I understand it, I'm only allowed to stay in Canada for 6 months consecutively at a time. Do I have "implied status" while the application is being processed or do I have to request for an extension to stay longer than 6 months? When I came through the border the last time, the border official didn't stamp my passport but we did relay our intensions etc.

 

[computergeek]

Are you saying that the processing times for a Us citizen are about the same for inland vs. outland, for the purpose of getting a work permit or in general? I know the processing times look very different inland compared to outland as far as the sponsorship approval, that's why we are thinking it may be better to go inland so I can at least get a work permit, but according to the overall time to complete the process either way its about the same. 11-14 months?

The processing times are for 80% of applications. If you look at the open data project information (http://www.data.gc.ca/default.asp?lang=En&n=F9B7A1E3-1) it has much more detailed data, showing 20%, 30%, 50%, 70% and 80% times. This gives you a better sense of the time range involved.

Thus my comment: many US outland applications are completed in 6-7 months. But if you don't submit a complete application - you don't do medicals up front, your application is incomplete or incorrect, you don't pay the RPRF up front, etc. - it adds several months to the process, which definitely reflects the 80% number.

I've seen inland applicants receive aproval simultaneously with AIP. After my own experience last year, I'm actually convinced if we'd filed inland the application would have been done in the same amount of time as outland - and one year ago, inland posted as 11 months for AIP + 8 months for applicant approval (19 months total) yet I saw people who had filed in March 2012 receive approval in September 2012.

So the range of times is much larger than you might think and the key to short processing time via either path is to ensure you submit a complete and properly prepared application.

On a separate but related note...

As I understand it, I'm only allowed to stay in Canada for 6 months consecutively at a time. Do I have "implied status" while the application is being processed or do I have to request for an extension to stay longer than 6 months? When I came through the border the last time, the border official didn't stamp my passport but we did relay our intensions etc.

If you are on an inland application, you would submit a temporary status application along with the PR application and then you are covered by "implied status" (they assume your temporary status is renewed until the application is actually processed - but only as long as you were in-status at the time you applied.) If you are on an outland application, you would submit a temporary status application via the normal channel. Again, you are covered by "implied status" but it has nothing to do with your PR application's processing time (since it's sent to a different group).





[/quote]

 

[Luvacanadian]

Thank you so much. we have been going back and forth on whether to apply inland or outland and your responses has helped a lot. one last question I hope. other than the forms listed on the application portion, are their any other forms out there that we should be aware of that might not be obvious?
again, thanks for all of your help it is very much appreciated

 

[computergeek]

Thank you so much. we have been going back and forth on whether to apply inland or outland and your responses has helped a lot. one last question I hope. other than the forms listed on the application portion, are their any other forms out there that we should be aware of that might not be obvious?
again, thanks for all of your help it is very much appreciated

Make sure you review the country specific rules if you are applying outland because different visa offices do have different requirements and may require additional forms.

I'd also suggest that you review your application multiple times over a period of at least a week. Its very easy to miss things but even a day or two away from the application makes it easier to see them. If you have someone you trust, have them look it over as well.