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In-land Immigration best option?

aflower

Full Member
Sep 7, 2013
20
0
123
Seattle
Category........
Visa Office......
Ottowa
Job Offer........
Pre-Assessed..
App. Filed.......
02-12-2013
AOR Received.
05-12-2013
Med's Done....
09-24-2013
Hi: I am an American citizen who is marrying my Canadian finace in a few days in Canada. I'd like to live with him asap but am concerned about how to do it legally. From my understanding, if I move there I can stay up to 6 months, but need to submit the visa inland during that time? While I understand it takes much longer to apply inland, I see with the strike at CIC 3 yr wait times outland anyway. I am fine with not being able to work during that time, but my concern is being able to re-enter the states. I am the POA of my father here in Washington state who had a stroke and is bed ridden - I am horrified at the idea that I cannot cross if he needs me. Also, I have primary custody of my two children and want to be able to bring them back in the states to visit as well. On a side note, I do realize I need to obtain legal relocation to move them (their dad is in jail and an addict, so shouldn't be hard). I can't really afford a lawyer, but would like some guidance as to how I should proceed?
 

truesmile

Champion Member
Jun 7, 2012
2,622
94
Category........
Visa Office......
MNL
Job Offer........
Pre-Assessed..
App. Filed.......
25-05-2012
AOR Received.
18-07-2012
File Transfer...
24-07-2012
Med's Done....
18-05-2012
Interview........
WAIVED
Passport Req..
05-12-2012
VISA ISSUED...
08-01-2013
LANDED..........
02-02-2013
Be aware that even if you are staying at length IN Canada you still have the option of submitting an "outland" application. This would allow you to go back and forth as you please. I've read of differing experiences, most here will say going back and forth should not be a problem. I would suggest that you seriously consider getting a Nexus card, which you would use only when travelling alone - or with other Nexus card holders. (Every time I cross/clear customs using it I always exit the customs area singing "SWEEEET"!) Can't speak to the 'children relocation' part of your question.
 

Sweden

VIP Member
Mar 31, 2012
4,186
178
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
12/04/2012
File Transfer...
13/07/2012
Med's Done....
02/02/2012
Interview........
Waived
Passport Req..
Exempt
VISA ISSUED...
05/11/12, received in Canada 19/11/12
LANDED..........
24/11/12, PR card received 30/01/12
In your case ( US citizen and needing to go back to the US from time to time), there is no point in applying inland. Outland is a better option> you can be in Canada legally on a visitor visa ( just don't show up at the border with a U-haul), go in and out of Canada if needed, and have shorter processing time than inland.

When crossing the border: indeed, get a nexus card if you can. In the meantime, when you cross the border, carry with you the proof that you have applied for PR.

For your children: will they be included in the application? I suppose so. They can before PRs at the same time as you, and maintain their US citizenship, no problem. You will need to obtain a paper from the father, unless you have solve custody, authorising you to add them onto your immigration application, and taking them to Canada eventually.

If they are going to be with you in Canada, it's up to each school to determine whether they will accept them or not - you will have to go most likely and plead your case with the school board, but most of them are willing to let children go to school even before they become PRs, if you can show that you have applied for them.

Good luck,
Sweden
 

chala

Hero Member
Mar 17, 2013
275
3
Category........
Visa Office......
Ottawa - LA
Job Offer........
Pre-Assessed..
App. Filed.......
02-04-2013
AOR Received.
15-04-2013
File Transfer...
25-04-2013
Med's Request
upfront
Med's Done....
09-01-2013 ext till 2015
Interview........
Aug 5-2014 passed
Passport Req..
21-10-2013
VISA ISSUED...
25-11-2014
LANDED..........
Dec 8, 2014
My advice is to apply Outland. You can stay in Canada beyond the 6 months by applying for a visitor extention before the six months expire. Apply online for faster processing. They will most likely grant 12 month extensions. It's what we have done twice aleady.
That will give you legal status to stay in Canada continuously beyond 6 months while your PR application is in process and allow free movement across the border. Good luck.
 

aflower

Full Member
Sep 7, 2013
20
0
123
Seattle
Category........
Visa Office......
Ottowa
Job Offer........
Pre-Assessed..
App. Filed.......
02-12-2013
AOR Received.
05-12-2013
Med's Done....
09-24-2013
Thanks for all of the advice - it makes me feel so much better! I looked in to the temporary/visitor visas for an interum thing, but the wait times on those seemed just as long because of the strike. So outland visa is best and a Nexus card - check. Do you think I can do this without a lawyer or is it worth the extra money to hire one? Also, should I pay the $800 in the US now to do a medical panel up front as the CIC suggests?
 

Sweden

VIP Member
Mar 31, 2012
4,186
178
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
12/04/2012
File Transfer...
13/07/2012
Med's Done....
02/02/2012
Interview........
Waived
Passport Req..
Exempt
VISA ISSUED...
05/11/12, received in Canada 19/11/12
LANDED..........
24/11/12, PR card received 30/01/12
unless you have a very complicated case, you can probably do it without a lawyer - and come here for advice if needed. If at any point you ask a question that would require more knowledge than what people on the forum know, then most likely somebody will tell you! :) so save your money for now, download the outland package, read through it, start preparing ( it creates a little bit of anxiety as it can be slightly overwhelming, but that too shall pass! ), and soon enough you'll have the application together.

For the medical: YES, do it up-front. If you don't, your application might be returned as incomplete - not worth it. I don't know if it costs $800 in the US, but I think that it is about $250 in Canada - so if you're in Canada, just do it here. It's valid as long as you do it at a doctor on CIC list. One piece of advice: do the medicals once you're ready to send the application, as they're only valid for 1 year, so you want to do them as close to the sending date as possible. Start by ordering a FBI check as it takes a while, as well as getting your marriage certificate once married. In the meantime, fill out the forms, gather the proofs etc. Once all of that is done - book a medical, unless you're in an area with a long waiting list, you should be able to get an appointment within a few days.

Good luck,
Sweden