+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
Nov 30, 2010
2
0
I am Canadian, Husband is American. We live in Colorado currently but we are considering moving to Canada after my husband graduates (this Aug) I have a k3 visa and have applied for green card in the states but well, we don't really like it down here. I know what seems to be way to much info on coming to the states but nothing on getting to Canada :( We will celebrate our 2nd wedding anniversary very soon!! No problems proving relationship as we've had to do that all along with the US immigration people. (USCIS aka useless LOL)

My questions are:
1. Regarding sponsorship. spouse exempt from current LICO guidelines? Meaning, I more than likely would not have a job straight away and we would live with my mom until we got sorted. Would that be acceptable?
2. Applying outland from what I read seems to be the more reasonable option if we still wanted to travel to the states?
3. Hubby does have a misdemeanor alcohol charge which has prevented him from even visiting Canada (the one time he tried to, when we found out AHH) we will be getting Rehabilitation Visa so he can travel prior to making our decision to move. HOw much does this affect the decision and will it remain a problem after he has the above mentioned visa?

Are there any guides on this site to really assist (I read the sticky) in filing the required forms?

Brandi
 
Brandi N Michael said:
My questions are:
1. Regarding sponsorship. spouse exempt from current LICO guidelines? Meaning, I more than likely would not have a job straight away and we would live with my mom until we got sorted. Would that be acceptable?

No problem with the lack of income as a spouse.

Brandi N Michael said:
2. Applying outland from what I read seems to be the more reasonable option if we still wanted to travel to the states?

Yes.

Brandi N Michael said:
3. Hubby does have a misdemeanor alcohol charge which has prevented him from even visiting Canada (the one time he tried to, when we found out AHH) we will be getting Rehabilitation Visa so he can travel prior to making our decision to move. HOw much does this affect the decision and will it remain a problem after he has the above mentioned visa?
I believe that you need to "fix" the misdemeanor alcohol charge before applying for PR.

Brandi N Michael said:
Are there any guides on this site to really assist (I read the sticky) in filing the required forms?

The guides that you need are on the CIC website.
http://www.cic.gc.ca/english/information/applications/fc.asp
 
If your husband applies for rehabilitated status through Immigration Canada and it's approved, the charge will not affect his ability to become a permanent resident - but I strongly suggest you complete that process first, and submit a copy of the Rehabilitation Certificate with the PR application. Otherwise the officer assessing his PR application is going to have to go through the whole exercise of assessing his charge in relation to an equitable charge in Canada, determine whether he's eligible for rehabilitated status, and then decide if they're going to deem him rehabilitated or refuse the PR application and make an appeal panel do that. Canada is very strict about admitting people with any criminal offence - no matter how "insignificant" it might seem to the person who committed it.

As far as information about Canadian immigration on the web - there's a lot. Just need to know where to look. There are several discussion forums, and also a website called US2Canada for spousal applicants from the United States.
 
Thank you both for your replies!!

We know he qualifies for the rehabilitation visa. It was the CBP that told us about it. We had no idea that something so silly would be held against him and that the State of Montana wouldn't pardon it because it wasn't severe enough to warrant it, we could pay $1000 to seal the record though :-\ Yeah made no sense to me either.

I will check out that site Rob :) I read the government's site Baloo but I was looking for the extra info that they don't tell you that you need. Ie: evidence of relationship. I know when I came to the USA 'visajourney' had made guides to help everyone with the extra info (supporting documents) that aren't asked for but they really want to see lol.

Brandi
 
Brandi - there is tons of info on this forum on everything from what evidence people submitted to how to organize it all together... you just have to look through and find the threads relevant for your application. You can use the search feature to look up "supporting documents" or "proof of relationship". The immigration guides available on the website are actually pretty straight forward and useful and give you lists of recommended supporting documents to submit.

It's usually pretty straight forward for supporting documents - just submit enough evidence to show the development and continuation of the relationship. Don't skimp just because you're married... marraige cert is just one piece of evidence and you still need to prove it's genuine. The key is showing the integration of your lives together - joint accounts/property, interaction with each other's families, communication, travel etc. It only really becomes complicated for couples who can't provide the standard evidence because they can't be together or they live in a place where you can't get these standard documents.

If you don't find the answer you're looking for, just post it as a new thread.

Good luck to you.