npierce said:
So, would it be better to move up there and apply for permanent residency within Canada? Or would it just be easier for me to wait here in Chicago while I apply in the U.S.?? My husband (Canadian) thinks as his wife I would automatically be able to enter Canada with him to move there...Maybe we should talk to a lawyer, even though our situation is very straight forward (no kids, no previous marriages, no criminal record, etc.)
I am really confused and I don't want to do anything illegal--I want this to go smoothly!!
Thanks for ANY help!!
The above posters gave you pointers to help you make your decision. I do understand your reason for being cautious with your immigration needs, but
there is nothing illegal with those pointers already given.
You said your husband thinks that you can enter Canada automatically just by being married to him, as he is Canadian - sorry, but his country's law does not say so.
As a U.S. citizen, you can enter Canada without a visa, as long as you have proof of your U.S. citizenship, and you are initially entitled to stay in Canada for 6 months. While in Canada,
you can always apply for an extension to your stay at least 30 days before your entry permit in your passport /travel document expires.
OPTION 1
If you process your application while you are now in the U.S., it means that you will have to be physically present in the U.S. for at least 4 to 8 months so that CIC can communicate with you until the process is completed. If you are not physically located in the U.S., then you will always face the possibility of missing communications from CIC as well as deadline dates for any further documentation from you, and /or the interview date; all of which can lead to your application being rejected at some point in time for non-response on your part. And then, you will have to start the process all over again.
So far, on an average,
applicants outside of Canada have reported at least 5 months for completion under Family Sponsorship - check this site:
http://trackitt.com/canada-immigration-trackers/
OPTION 2
If you process your application while you are in Canada as a visitor - to include any extended stay - then the completion of the process - it has been said - takes longer usually, 7 to 8 months or even more, and this is based on the varied experiences of other spousal applicants within Canada. If you choose to go this route,
pay attention to the language given in the 2 options from CIC on
"Maintaining Your Legal Status in Canada" until your application is processsed - see this link:
http://www.cic.gc.ca/english/information/applications/guides/5289E10.asp
OPTION 3
Otherwise, feel free to retain a Canadian lawyer, and have him or her help you to process your application while you are now in the United States, not when you are in Canada. Most lawyers these days communicate with clients by email, and make sure you retain one that will accommodate this type of communication so that you will always know when CIC needs something from you.
After
your lawyer, who is now your representative, sends in your application, you can follow your husband to Canada as a visitor and you can always extend your stay. Always remember to
inform your lawyer about any new physical address, whether in the U.S. or Canada. And if your lawyer needs to send any CIC communication to you, he/she can send it to your U.S. or a Canadian address, if that will be the case.
However,
if you need to attend an interview, it will have to be in the U.S., at any Canadian Consular office that is the closest to the physical U.S. address you give to your lawyer initially.
If you are going to use this route, Option 3, make sure that you take with you to Canada, all of your life's personal portfolio to include things like birth certificate, marriage certificate, etc. just in case CIC requests for them again, for reasons only known to them, that way, it curtails the number of times you will be required -
except for the interview - to come back to the U.S. just for documents. And believe me, you will have to come back for any documents, if need be.
FINAL WORDS /ADVICE
One more thing, and I know you've done your homework, but I've known of applicants who did not do the sponsorship application the right way
when applying outside of Canada. Make sure you do yours the right way. The sponsorship application consists of 2 different applications that should be sent in together to the Case Processing Center in Mississauga, Ontario. The 2 appliations are: (1) Your husband's spousal application, which he completes; and (2) Your Permanent Resident application, which you complete. Later on, the Mississauga office will contact you or your lawyer, if you retain one, in order to inform you (or through your representative) which Consular office in the U.S. will be responsible for your application.
Anyway, if you end up using a lawyer, your application will be done the right way.
The process of immigration involves a lot of options for applicants and the fact that options are available does not make these options seem illegal - they are what they are - options.
So, now that you know your options, feel free to verify them by consulting a reputable Canadian lawyer; and go from there, if you wish it so.
We are here to help one another. Hope we've helped you so far
