Newly wedded couple - seeking help for PR!

[tinareyes]

Okay, let me break it down for you guys:

My fiancé (a US permanent resident/citizen of Mexico) came to visit me (Canadian citizen by birth) in Canada on April 27, 2013. We already know that he's only allowed a maximum stay of 6 months (October 27, 2013). We got married on June 8, 2013 and we are now getting our papers ready so I can sponsor him to move here. My questions are...

1. Which process is the better choice - inland or outland?
2. If we continue with the inland process, is he allowed to stay here the whole time our papers are in process?
3. Would he need to apply for an extension of stay in Canada, considering the inland process takes well over a year and he only has another four months in the country? (He didn't need a VV or a TRV to enter Canada.)
4. If our application gets denied, does he lose his PR status in the US and will he have to go back to Mexico?
5. Will he lose his PR status after staying in Canada after 6 months?
6. Will he need to get his medical exam and criminal record check done in both the US and Mexico?

I've been stressing a lot about this ever since he came here, so I need your guys' help. Fast replies would be greatly appreciated! Thanks.

 

[davek1979]

1 and 2: They both have their ups and downs. Inland your spouse can't leave the country of the application will be considered abandoned and you start over from the beginning. But after 6 to 8 months he will get a work permit if you apply for it in the beginning. Outland is short but if he needs to go for an interview it will be back in Mexico. He will need to maintain legal status in Canada which can be done by extending his visitor visa. It can be done on the CIC website. My wife and I applied Outland and she was in Canada. It took us about 10 months start to finish.

3: With outland he would have implied status until he he told he no longer has status.

4/5: Unsure, you would have to check an American immigration forum

6: No he can get his medical exam done here. It would be done before you submit the application and they you send in the recepit the doctor gives you so they can match it with his file. He will need to get police checks in both Mexico and the US

There is a group dedicated to Mexico. There are a lot of people at various stages of the process that will be able to help you. The link is http://www.canadavisa.com/canada-immigration-discussion-board/mexico-t35385.0.html

 

[amikety]

1 and 2: They both have their ups and downs. Inland your spouse can't leave the country of the application will be considered abandoned and you start over from the beginning. But after 6 to 8 months he will get a work permit if you apply for it in the beginning. Outland is short but if he needs to go for an interview it will be back in Mexico. He will need to maintain legal status in Canada which can be done by extending his visitor visa. It can be done on the CIC website. My wife and I applied Outland and she was in Canada. It took us about 10 months start to finish.

3: With outland he would have implied status until he he told he no longer has status.

4/5: Unsure, you would have to check an American immigration forum

6: No he can get his medical exam done here. It would be done before you submit the application and they you send in the recepit the doctor gives you so they can match it with his file. He will need to get police checks in both Mexico and the US

There is a group dedicated to Mexico. There are a lot of people at various stages of the process that will be able to help you. The link is http://www.canadavisa.com/canada-immigration-discussion-board/mexico-t35385.0.html

2/3. Outland has no Implied Status. Inland has Implied Status only if he also applies for an open work permit and pays the free for the OWP.

4. Canadian PR has nothing to do with his Green Card other than making maintain residency in both countries difficult. He may have to choose which he wishes to keep.

5. Yes, it's very possible.

 

[truesmile]

Trying to maintain PR in both countries will certainly be a juggling act, although you haven't said that that is your intention. Found this tidbit online as it pertains to US PR status:
"A person might also be found to have abandoned their status if he or she moves to another country to live there permanently, stays outside the USA for more than 365 days."

 

[tinareyes]

Trying to maintain PR in both countries will certainly be a juggling act, although you haven't said that that is your intention. Found this tidbit online as it pertains to US PR status:
"A person might also be found to have abandoned their status if he or she moves to another country to live there permanently, stays outside the USA for more than 365 days."

So let's assume he overstays his visit here in Canada and his PR status in the states is no longer existing, AND his application gets denied... where will that leave him?

 

[tinareyes]

2/3. Outland has no Implied Status. Inland has Implied Status only if he also applies for an open work permit and pays the free for the OWP.

4. Canadian PR has nothing to do with his Green Card other than making maintain residency in both countries difficult. He may have to choose which he wishes to keep.

5. Yes, it's very possible.

Will he have to have a position available for him at a workplace before he applies for an open work permit?

 

[tinareyes]

If I choose inland, should I just extend his visitor visa here in Canada? At least that way, he has an extra six months while his papers are in process and it can always be extended, correct?

 

[parker24]

If I choose inland, should I just extend his visitor visa here in Canada? At least that way, he has an extra six months while his papers are in process and it can always be extended, correct?

OUTLAND needs the extension. INLAND does not, for second stage. For first stage he has to keep getting the extension.

 

[amikety]

So let's assume he overstays his visit here in Canada and his PR status in the states is no longer existing, AND his application gets denied... where will that leave him?

Why are you so paranoid about him being denied?

 

[tinareyes]

OUTLAND needs the extension. INLAND does not, for second stage. For first stage he has to keep getting the extension.

So inland, he will need just the one extension?

 

[tinareyes]

Why are you so paranoid about him being denied?

Because we met online, and we've met three times in the last two years we have been together. We don't have very many pictures of us in public, we relied mainly on Skype for communication. I don't know if that's enough proof of our relationship.

 

[amikety]

Because we met online, and we've met three times in the last two years we have been together. We don't have very many pictures of us in public, we relied mainly on Skype for communication. I don't know if that's enough proof of our relationship.

If you aren't sure you can prove you have a genuine relationship, how do you expect CIC to believe you do?

Before you start deciding Inland/Outland, maybe you should research relationship proof and look at building what you have. For one, nothing you've said is that odd. Meeting online, very normal these days. Talking on Skype, very normal. I used Skype conversations in my application, as have many others. Not every one has a lot of pictures and most VOs/cultures don't need a photo album, just 1-2 from significant life events (i. e., engagement, wedding, etc). I only included 11 total from my entire relationship.

If you have 2 years of regular Skype contact, you have a record of two years of continuous regular contact.

If you apply "Inland" he isn't supposed to leave Canada for any reason. This means at least 14 months stuck in Canada. If his mom is sick, he can't go to her. He will most definitely be at risk to lose his Green Card. However, he can apply for an open work permit (not a visitor extension), pay the fee, and after Stage 1 approval (about 6-8 months), he will get a work permit that allows him to work whatever legal job he desires. While the OWP is in process, he is on Implied Status and can remain in Canada without a visitor's visa until a decision is made on Stage 1.

If you apply Inland, I would strongly encourage you to apply for the Open Work Permit even though it is more expensive than the TRV. The TRV can be refused whereas the OWP almost never is.

If you apply "Outland" (either to Mexico City or Ottawa, the USA's office), he will need to apply for a visitor's extension. There is no guarantee this will be granted. He may have to volunarily leave Canada. Also, if he has an interview, it will be outside of Canada - either in Mexico City, New York, or L. A., depending on which visa office you apply to. There is no option to get a work permit, but if he gets a new TRV, he can travel outside of Canada - so in my previous example, if his mother got sick, he could go visit her and not worry about his PR application.

By chance, does he have a professional degree? If yes, he can try to get a work permit with NAFTA. It doesn't require a LMO (big headache for most work permits), only a valid job offer/contract. It would allow him to live and work in Canada. He could even earn PR independantly. (Instead of worrying about proofs, which you are, all he would need to show is his job duties and experience.)

Anyway, I think you may be worrying too much. Take a deep breath. This seems overwhelming, but it's nothing you can't handle.

 

[tinareyes]

If you aren't sure you can prove you have a genuine relationship, how do you expect CIC to believe you do?

Before you start deciding Inland/Outland, maybe you should research relationship proof and look at building what you have. For one, nothing you've said is that odd. Meeting online, very normal these days. Talking on Skype, very normal. I used Skype conversations in my application, as have many others. Not every one has a lot of pictures and most VOs/cultures don't need a photo album, just 1-2 from significant life events (i. e., engagement, wedding, etc). I only included 11 total from my entire relationship.

If you have 2 years of regular Skype contact, you have a record of two years of continuous regular contact.

If you apply "Inland" he isn't supposed to leave Canada for any reason. This means at least 14 months stuck in Canada. If his mom is sick, he can't go to her. He will most definitely be at risk to lose his Green Card. However, he can apply for an open work permit (not a visitor extension), pay the fee, and after Stage 1 approval (about 6-8 months), he will get a work permit that allows him to work whatever legal job he desires. While the OWP is in process, he is on Implied Status and can remain in Canada without a visitor's visa until a decision is made on Stage 1.

If you apply Inland, I would strongly encourage you to apply for the Open Work Permit even though it is more expensive than the TRV. The TRV can be refused whereas the OWP almost never is.

If you apply "Outland" (either to Mexico City or Ottawa, the USA's office), he will need to apply for a visitor's extension. There is no guarantee this will be granted. He may have to volunarily leave Canada. Also, if he has an interview, it will be outside of Canada - either in Mexico City, New York, or L. A., depending on which visa office you apply to. There is no option to get a work permit, but if he gets a new TRV, he can travel outside of Canada - so in my previous example, if his mother got sick, he could go visit her and not worry about his PR application.

By chance, does he have a professional degree? If yes, he can try to get a work permit with NAFTA. It doesn't require a LMO (big headache for most work permits), only a valid job offer/contract. It would allow him to live and work in Canada. He could even earn PR independantly. (Instead of worrying about proofs, which you are, all he would need to show is his job duties and experience.)

Anyway, I think you may be worrying too much. Take a deep breath. This seems overwhelming, but it's nothing you can't handle.

Thank you so much for your detailed response! But now with all that said, his only work experience is in construction. He and his father have their own roofing and landscaping maintenance so I don't know how that works with the OWP. Will he need someone to hire him first before applying for an OWP? The only proof of his work is his business card (if that helps even a little bit).

Another question, when I start mailing the application, which papers do I send first? Or do I just send all of them at once including medical exams and police checks?

 

[canuck_in_uk]

Thank you so much for your detailed response! But now with all that said, his only work experience is in construction. He and his father have their own roofing and landscaping maintenance so I don't know how that works with the OWP. Will he need someone to hire him first before applying for an OWP? The only proof of his work is his business card (if that helps even a little bit).

Another question, when I start mailing the application, which papers do I send first? Or do I just send all of them at once including medical exams and police checks?

No, he doesn't need a job offer to get the OWP and it doesn't matter what his work experience is.

You send everything together in one package, his forms, your forms, proof of relationship, police certs etc.

 

[shortymac]

If you are worried about proving your relationship I suggest that while he is here throw a party and set up some "dates" with family members/friends to help increase your picture count. CIC loves casual informal-style pictures. I would also start asking family members/friends to start writing "relationship letters": basically they write a one page letter vouching your relationship.

I would also get started ASAP on the security checks and medical stuff. My application mailing was seriously delayed due to FBI security check waiting times.

I'm not sure about US PR status but I suggest looking into it. A family friend of ours abandoned her US PR status when the family moved to her home country (Australia) and she is having a heck of a time trying to get it back when her US hubby got work in the states again.