Questions on minor child not immigrating as well as Medical Exam question

[Buffy2323]

Okay, I haven't been here in a long time but I am getting ready to FINALLY file the application after a long, drawn out process!! I have hired an attorney to help me with the process and he has been able to answer alot of my questions but I still have a few.

Here is a short history of my situation. I am a US Citizen (female). I am recently re-marrried to my same-sex wife who is a Canadian Citizen. I was previously married (to a man) and we have 2 children together. My daughter is 15 and lives, and will continue to live, with my ex-husband in the US. My son is 11 and he lives with me and will be moving to Canada with me. I have gotten permission from my ex-husband to allow my son to move to Canada and have notarized documents stating this permission. I have been told that even though my daughter will not be immigrating to Canada that she still has to go through the process, including the medical exams. We will be processing through the New York Office. My attorney told me last night that the entire process will take 18-24 months. We are filing for Family Class as a married couple.

Here are my questions:

1. What is the actual processing time out of New York for Family Class? The CIC website says 12 months but my attorney said 18-24, I don't know if he has information I don't have or if I should go by CIC website.

2. Medicals- I am flying my daughter up over the first week in April to do the Medicals so she won't have to miss school. Do you think this is a good time to do them or should I wait until a later date? I don't want to do them too early but this is really the only time for my daughter to do them.

3. US Citizens- Can anyone tell me exactly how to goabout the FBI Clearance? I hahve clearances already from the FBI for my job as I work with children BUT I understand that I can't just go to thhe local office and have them done there that I actually hae to physically send the request into the FBI. Can anyone verify please?

4. Where does my wife pay the application fees? I know they have to be paid here very son but when I try to get the information to pay online on the CIC website it just takes me in circles.

5. If we are called for an interview (and I am banking we will regardless of the proof I have of our relationship since Iwas previously married to a man and now I am married to a woman), what happens if my daughter (who is not immigrating) is not able to come to the interview? She lives far away and with school and other commmitments it's hard to get her up to me without a lot of planning.

Thank you to anyone who can help me. This is an overwhelming process and I am just ready to have it overwith!!!!

 

[scylla]

1. 80% of applications are 12 months or less. Your immigration lawyer seems confused. He might be thinking about inland processing times rather than outland. Hopefully he is not confused about other important things.
2. Your daughter's medical should be done before you file the applications (all of your medicals should be done before you file the application). If you can't do your daughter's medical before you file the application, get it done in April and include a note in your original application mentioning that it will be sent later.
3. See: http://www.cic.gc.ca/english/information/security/police-cert/north-america/united-states.asp
4. See: https://eservicesak.cic.gc.ca/epay/welcome.do?lang=en
5. You will be the one called to the interview (if one is required) - not your children.

 

[Rob_TO]

1. 80% of applications are 12 months or less. Your immigration lawyer seems confused. He might be thinking about inland processing times rather than outland. Hopefully he is not confused about other important things.

I agree with this. If your lawyer is so confused already on such a basic thing, its a warning sign. Some immigration/consultants claim extraordinary processing times, and then try to claim they can somehow speed up the process if you use them. This is the sure sign of a crooked consultant... so make sure you have a good one and this is just a simple error on their part!!

The 12 months time on the CIC site is not an average. It simply says 80% of apps received, took a maximum of 12 months. Latest stats from NY show 30% of applications take a max of 7 months, and 50% of apps take a max of 9 months... so the "average" processing time seems closer to 9 months.

The successful approval rate from NY visa office for partner/spouse & children apps, is 91%.

 

[Kev1n]

Okay, I haven't been here in a long time but I am getting ready to FINALLY file the application after a long, drawn out process!! I have hired an attorney to help me with the process and he has been able to answer alot of my questions but I still have a few.

Here is a short history of my situation. I am a US Citizen (female). I am recently re-marrried to my same-sex wife who is a Canadian Citizen. I was previously married (to a man) and we have 2 children together. My daughter is 15 and lives, and will continue to live, with my ex-husband in the US. My son is 11 and he lives with me and will be moving to Canada with me. I have gotten permission from my ex-husband to allow my son to move to Canada and have notarized documents stating this permission. I have been told that even though my daughter will not be immigrating to Canada that she still has to go through the process, including the medical exams. We will be processing through the New York Office. My attorney told me last night that the entire process will take 18-24 months. We are filing for Family Class as a married couple.

Here are my questions:

1. What is the actual processing time out of New York for Family Class? The CIC website says 12 months but my attorney said 18-24, I don't know if he has information I don't have or if I should go by CIC website.

2. Medicals- I am flying my daughter up over the first week in April to do the Medicals so she won't have to miss school. Do you think this is a good time to do them or should I wait until a later date? I don't want to do them too early but this is really the only time for my daughter to do them.

3. US Citizens- Can anyone tell me exactly how to goabout the FBI Clearance? I hahve clearances already from the FBI for my job as I work with children BUT I understand that I can't just go to thhe local office and have them done there that I actually hae to physically send the request into the FBI. Can anyone verify please?

4. Where does my wife pay the application fees? I know they have to be paid here very son but when I try to get the information to pay online on the CIC website it just takes me in circles.

5. If we are called for an interview (and I am banking we will regardless of the proof I have of our relationship since Iwas previously married to a man and now I am married to a woman), what happens if my daughter (who is not immigrating) is not able to come to the interview? She lives far away and with school and other commmitments it's hard to get her up to me without a lot of planning.

Thank you to anyone who can help me. This is an overwhelming process and I am just ready to have it overwith!!!!

I think that is wrong, if your daughter is not coming with you, and she does not have a medical, and you and your daughter have no intention being together together in, then she does not have to have a medical, after all why would she have a medical if she is not coming to Canada.

 

[Kev1n]

But you will nevr beable to sponsor her in the future.

 

[scylla]

I think that is wrong, if your daughter is not coming with you, and she does not have a medical, and you and your daughter have no intention being together together in, then she does not have to have a medical, after all why would she have a medical if she is not coming to Canada.

A medical is required for all dependents - even if they are non-accompanying. CIC will delay the application processing if a medical isn't included for all dependents and will request that the missing medical be provided to continue processing the application. We've had several people here get around this requirement. However they've had to provide proof that it is not possible to obtain a medical for the dependent (e.g. other parent has sole custody and refuses to provide access to the child). So the medical can be avoided, but this creates complications for the application. Much better to follow the rules and provide medicals for all dependents. The OP may have no plans to sponsor her daughter now. But what if something happened to her ex?

 

[Kev1n]

Oh ok thankyou for that, Scylla

 

[Buffy2323]

First of all thank you to everyone for the responses. And i want to apologize for my typing. I am using my iphone and i don't type well on it.

Anyway as for the comments on my attorney i think he is just confused on timeframe or he dodn't look at the website for CIC lately. He has been completely on with the rest of the information so far. He saved me a lot of time because i had no idea i needed a legal opinion on my divorce from my husband. He provided me the legal opinion in lightening time and has helped with my timeframes and when to apply for stuff so far. This is the first descrepency i have seen so far.

I scheduled my medicals today for April 2nd for all 3 of us. I am assuming this will be close to when processing starts. I also am sending in my FBI request today as well and it should be back around that time i think. The application will be sent in around the end of this month but it will take about 2 months for my wife's sponsor application to be approved so i figure it will be late March or Early April for the actual application to be looked at. Does this sound about right?

To the poster who gave the processing times of 7 moths at 30% and 50% at 9 moths andthe 91% approval rate, where do you get your information. I would love to look closer at the data.

And as for my daughter I do not plan for her to move with us but if something hapens and she wants to move up then the process will be faster and the option is still open im case something happens to her dad. Waiving her and saying i will never sponsor her is not an option. I don't want to take that risk rven if its very unlikely she never moves with me.

Anyway, thanks for all the great information so far. It is greatly appreciated.

One last question: Once my application is approved how long do I have to land in Canada? I want to time it for an easy transition for my son.

Thanks everyone!!

 

[scylla]

I scheduled my medicals today for April 2nd for all 3 of us. I am assuming this will be close to when processing starts. I also am sending in my FBI request today as well and it should be back around that time i think. The application will be sent in around the end of this month but it will take about 2 months for my wife's sponsor application to be approved so i figure it will be late March or Early April for the actual application to be looked at. Does this sound about right?

You are supposed to complete the medicals before you submit the application and include proof the medicals have been completed with the application. I think it's fine if you wait until April for your daughter - but you and your son should complete your before the application is mailed (per the instructions).

 

[Buffy2323]

We are sending the application in at the end of january bud the first part of the process (approval for y wife to sponsor me) still needs to happen. I am not sure if my lawyer will send just that application in first and then the rest of the application after approval or if he will send it all at onetime. Regardless stage 1 is stating approximately 50 days for stage one to be completed. That will put me to mid-March. That is only a 2 week gap until the medicals are done. Does this sound acceptable or should i attempt to get an earlier Appointment for my son and I for medicals? I have no choice on keeping that date for my daughter.

 

[IslandAnnie]

I scheduled my medicals today for April 2nd for all 3 of us. I am assuming this will be close to when processing starts. I also am sending in my FBI request today as well and it should be back around that time i think. The application will be sent in around the end of this month but it will take about 2 months for my wife's sponsor application to be approved so i figure it will be late March or Early April for the actual application to be looked at. Does this sound about right?

The sponsor and applicant documents all need to be submitted at the same time. Sponsor and Applicant are not two separate applications, they process the application in two stages, but everything will need to be submitted together. If you do not send the medicals or FBI check with everything else at "around the end of the month" it will likely delay your file processing. It is even likely they will return the application as it will not be deemed "a complete" application, although they may not return it if an explanation about your non-accompanying child's medical is included.

 

[Buffy2323]

Ugh! My attorney said he was going to attach a note with the file stating the dates of the medicals. I do have fbi clearance but it is a copy from my work file not the original request. He said they may accept it wih the copy but i will need to send the originals in once i get them. What happens to fees if they reject the apication thefirst time?

 

[Rob_TO]

To the poster who gave the processing times of 7 moths at 30% and 50% at 9 moths and the 91% approval rate, where do you get your information. I would love to look closer at the data.

See here. http://www.data.gc.ca/default.asp?lang=En&n=5175A6F0-1&xsl=datacataloguerecord&metaxsl=datacataloguerecord&formid=427337D0-7C36-4FED-8428-C6A63F8C19B3

You can download this excel spreadsheet... and then sort/find the data for New York and Spouse/Partners & Children family class.

 

[PMM]

Hi

Ugh! My attorney said he was going to attach a note with the file stating the dates of the medicals. I do have fbi clearance but it is a copy from my work file not the original request. He said they may accept it wih the copy but i will need to send the originals in once i get them. What happens to fees if they reject the apication thefirst time?

You don't submit a complete application, it will be coming back. Wait until you have the original FBI certificate, I would also wait until the medicals are done. The file will sit until the information is received, all you are doing is dragging out the process by not submitting a complete application.

 

[PMM]

Hi

See here. http://www.data.gc.ca/default.asp?lang=En&n=5175A6F0-1&xsl=datacataloguerecord&metaxsl=datacataloguerecord&formid=427337D0-7C36-4FED-8428-C6A63F8C19B3

You can download this excel spreadsheet... and then sort/find the data for New York and Spouse/Partners & Children family class.

You know that out of Canada spousal applications for US and Bermuda are now processed in CPP-Ott. ?