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Is it possible?

thai12

Newbie
Oct 9, 2013
8
0
Hi, I live in the US and I have a conditional green card which will expire in a year, my girlfriend is Canadian, we would like to get married and live in Canada, we were thinking about getting married in the US and then apply for a Canadian green card, but i'm afraid that the process might take more than a year and this way i won't be able to stay in the states if it takes that long, can i visit Canada using my US conditional green card and get married to my girlfriend in Canada and stay there adjust my status in Canada (inland) without having to leave to country? please i want someone with experience to answer, will i face any problems if i do it this way ?
 

Leon

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Jun 13, 2008
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You can get married either in the US or Canada, doesn´t matter. Your girlfriend can sponsor you unless she is in active bankruptcy or is on welfare. If your girlfriend currently lives in Canada, no problems. If she currently lives in the US, she would have to prove that she will be moving to Canada when you get your PR.

You can apply for sponsorship outland and stay in the US where you can still work until your green card is about to expire and then enter Canada on your green card and stay as a visitor until your PR comes through if it is not through already. Another option would be to go to Canada right now and apply inland, however, then you would not be able to work until you get first stage approval which is currently 10-11 months. If you apply inland, you must stay in Canada during your processing.

One complication is that if you apply outland, you could either have your application processed in the US or in Singapore. Singapore right now lists a processing time of 26 months, see http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp#asia while the US would be processed in Ottawa where it's 14 months. The complication applying through the US would be that if an interview is required, they may call you to one of the US offices to do that and if your green card is then expired, you would have to see if you can get a visa to enter the US for that interview as well as if you would be allowed back into Canada with your expired green card after the interview. The time listed is for 80% of applications so you could be faster and you could apply through the US and possibly get your application processed in less than a year.

If you apply through Singapore, you can enter Canada when your green card is about to expire but then you would have to wait. As a visitor you would have 6 months in Canada but you can apply to extend based on waiting for your processing. An interview would take place in Singapore if required but there would still be a long time that you are probably waiting in Canada and unable to work while they complete your processing.
 

thai12

Newbie
Oct 9, 2013
8
0
Thank you fro your help, the only thing i didn't understand, are you saying i might have to go all the way to Singapore for my interview in case i apply outland ??
There is no chance I will have to go there in case I apply inland right ? I won't have to leave Canada at all under any circumstances if I apply inland, is that correct?
Do you know how long it takes for my application to be approved if I'm applying inland?
 

Leon

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Jun 13, 2008
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thai12 said:
Thank you fro your help, the only thing i didn't understand, are you saying i might have to go all the way to Singapore for my interview in case i apply outland ??


There is no chance I will have to go there in case I apply inland right ? I won't have to leave Canada at all under any circumstances if I apply inland, is that correct?


Do you know how long it takes for my application to be approved if I'm applying inland?
If you apply outland and if the visa office decides that they do not believe your relationship is genuine and they decide they want to interview you, you will have to go to the interview. If you apply through the US, you will have to go to the US and if you apply through Singapore, you will have to go there. If you aren't called for an interview, you don't have to go anywhere. I do not know how likely it is that you will be called but there is a chance.

If you apply inland, you would not have to leave Canada for the duration and shouldn't leave either.
The processing times given on the CIC website right now can be seen here: http://www.cic.gc.ca/english/information/times/perm-fc.asp near the bottom of the page.

The time for step one is shown as 11 months and for step 2 it is 8 months. You can apply for an open work permit along with your inland sponsorship application and if all goes well, you would get the open work permit at your first stage approval after 11 months.

The downside is that you have to be living in Canada in order to apply inland and it is not recommended that you leave at all and because you would be under visitor status, you would not be allowed to work until you get your first stage approval and open work permit. That's 11 months sitting at home getting bored and not making any money and that can put a serious strain on your relationship. You would be allowed to do volunteer work or take short courses, less than 6 months in length.
 

thai12

Newbie
Oct 9, 2013
8
0
Thank yo for clarifying, so in case I apply inland, it will take me 11 months to get open work permit right, what about PR ? how long is it going to take me to become a permanent resident? IF i become a PR before i get my open work permit approved then i won't need it since I'm already a permanent resident right?

Correct me if I'm wrong but you said it will take about 8 months for my case to be approved if I apply inland, when they approve me what kind od documents do they send me ? PR or no ?

For some reason i misunderstood it and i feel becoming a permanent resident would take less time than getting an open work permit!!!
 

Leon

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thai12 said:
Thank yo for clarifying, so in case I apply inland, it will take me 11 months to get open work permit right, what about PR ? how long is it going to take me to become a permanent resident? IF i become a PR before i get my open work permit approved then i won't need it since I'm already a permanent resident right?

Correct me if I'm wrong but you said it will take about 8 months for my case to be approved if I apply inland, when they approve me what kind od documents do they send me ? PR or no ?

For some reason i misunderstood it and i feel becoming a permanent resident would take less time than getting an open work permit!!!
The processing time for inland is split into step 1 and step 2. You can not start step 2 until you have completed step 1 so it's 11 months to get first stage approval and open work permit (as long as you applied for it) and another 8 months to get PR so 19 months total.
 

thai12

Newbie
Oct 9, 2013
8
0
Sweet, do you know how much step 1 and 2 cost all together including the open work permit? in other word how much does the whole process cost, from applying till i become a PR ?
 

MilesAway

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OP: What is your country of nationality? I believe you mentioned you had a Nigerian passport, is that correct? If so, then an outland application would go through Accra, which is showing a time of 14 months. (Your screenname is "Thai" an a Thai national would go through Singapore).

The fees are $1040, and are paid by the sponsor. I do not know how much the work permit is. Those are the fees paid directly to CIC, you should also factor in the costs of translations, notary costs, medical costs, and the price of posting the package to CIC.
 

Leon

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The fee for the work permit is $150. If you are broke, you can just pay the sponsorship and processing fees and work permit which amounts to $700 and leave the $490 right of PR fee until immigration asks for it.

Getting the medicals done is reportedly cheaper in Canada than in the US. For inland, you can either do them before you apply and send along or you can wait for immigration to ask you.

Whatever you don't do as soon as you apply and let immigration ask for at a later date, will slightly delay your application because they will have to ask and wait for your response.
 

manavgupta

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URGENT PLEASE REPLY..

Hello friends, I visted and lived in Canada on valid 27 months student visa in year 2009 for time period of 10 months, I passed 1 semester but left next semester inbetween withdrawn from university have to retun back due to family problems, but I did not inform Canada embassy about anything nor I thought I need to tell CIC in my country India or Canada because I was in Canada on valid 27 months stamped multientry visa, Now I am preparing for license exams and planning to write Clinical exam in Canada, I have booked CPE exam have reciepts of fee paid along with me test date, and now my question is Does previous study visa has any negative empact on future vistor visa application, Friends What are my chances of getting visa (this time vistor visa) second time ? Please reply.