I've got a problem, may someone have an idea.

[Al Fominsky]

Briefly: I'm Canadian. My wife is Russian,but lived in USA since 1992 without status. We file application in March,2010. Canada approved and send it to Buffalo. They requested proof of legal entry and stay for one year.We did. But now they send e-mail stating file transfer to Moscow. Quote:"A review of your application and supporting documents shows you do not meet the requirements of R11(1). You have not provided sufficient evidence that you are currently a resident of the USA or Canada, that you have been lawfully admitted to the USA or Canada and [u]that you were allowed to remain for at least one year, at time you applied for permanent residence.[/u]" I did not get it . CIC website said you have to be admitted for period of one year. This quote said "At time you applied". She was not in Russia for 18 years and I have no idea what to do. Any thoughts?

Thank you. Can provide more details.

 

[lonelycanadianwifey]

oooh Well i read it over what you provided for info...

lol i have qalittle time so mabey i can help explain what is happening ...

What they are telling you is that she has no legal status in the USA and in order for buffalo to process her file she had to have status and she does not , becuase you clearly stated she has been in the USA illegally for 18 years ...Now the over seas office in Moscow has been forwarded this Application because she doesnt qualify for the buffalo visa office to process.. I am sure on the PR application that you gave her particulars in regards to her address in the USA and wat not there could possibly be potential for removal back home to russia where she will have to wait out the sponsorship process!!...I would like some more advanced members in thia department BUT it could possibly be what is going to transpire!!

Hope that makes you understnad

 

[canadianwoman]

Briefly: I'm Canadian. My wife is Russian,but lived in USA since 1992 without status. We file application in March,2010. Canada approved and send it to Buffalo. They requested proof of legal entry and stay for one year.We did. But now they send e-mail stating file transfer to Moscow. Quote:"A review of your application and supporting documents shows you do not meet the requirements of R11(1). You have not provided sufficient evidence that you are currently a resident of the USA or Canada, that you have been lawfully admitted to the USA or Canada and [u]that you were allowed to remain for at least one year, at time you applied for permanent residence.[/u]"

How did she get into the USA? If she just overstayed a tourist visa, the file should definitely be transferred to Moscow.
From the sounds of it, when she first entered the USA she either entered with a valid visa that was valid for less than a year, and then overstayed, or she did not enter legally. "Allowed to remain for one year" means that the US government actually gave her the permission to stay that long, not that she just did stay that long without telling them and without getting caught.

I did not get it . CIC website said you have to be admitted for period of one year. This quote said "At time you applied". She was not in Russia for 18 years and I have no idea what to do. Any thoughts?

Her stay has to have been legal, not just of one year or more. You said she is without status, so her stay isn't legal.
Her file can be processed in Moscow. If there is an interview, she will have to go to Moscow for it - that is really the only problem.

 

[matthewc]

If she doesn't have legal status in USA, then her application can't be processed there.

The "time you applied for permanent residence", means Canadian permanent residence. i.i. on the date you submitted the application to sponsor her, she needed to have legal status in the USA, good for 1 year.

They'll transfer the file to Moscow, who will process the PR portion of the application. They can do that while she's in the USA, and send any correspondence their, including mailing the PR visa to her there when the time comes. Moscow is fairly average in processing times, so this shouldn't cause too much hassle, unless they require an interview. If you have a good package of evidence that your relationship is genuine and continuing, an interview isn't usually necessary.

 

[Al Fominsky]

Thank you very much. But what about country specifics ( we file for North America) and now it went to Russia. Could it be any changes? How is interview going?

 

[SimpleMan]

Your wife has been in the USA illegally for 18 years, so her file will be processed in her home country.