Returning Canadian w/ family of 3 Americans in tow...

[Hoser]

I'm Canadian, and have lived and/or worked in the United States for about 8 years with a green card. I'm married to an American, and we have had two children together. My parents had a job change this past year, and moved from the family home in Windsor to the Kitchener/Waterloo area, and said that we could have the house if we wanted to move in.
We've been considering moving to Canada, and I'm wondering how much trouble that will be. I've read through the official website, and am still reading it, but considering that our money is tight (which is part of the reason we're considering moving, even Windsor is better off employment wise than Michigan right now) I'm wondering if it's all going to bleed us dry. Also, I've wanted to return to University for a long time, and it's cheaper and easier from my parent's home. I was sad to learn that my wife couldn't be sponsored by my father, since he would have the more stable situation financially and he's already offered to help out.
I have to say that going through the USCIS was a financial and logistical nightmare, and I'm a little tainted by that experience.

I guess I'm looking for any tips, any thoughts or any helps on the matter....

 

[AllisonVSC]

It will cost $1040 in fees to apply for permanent residence status for your wife and another couple hundred for the medical exams. It will take a few weeks to gather documents, evidence, and fill the application. While you will have to include financial declarations in your application, spousal applicants are exempt from having minimum income requirements. Since you are applying from outside the country you will have to include proof that you intend to return to Canada once your wife is approved. Your acceptance of your father's offer of the house is proof of a place to live. You will not have to sponsor your children because they are Canadian since you are, but they will need citizenship papers and passports. Do you have those? Straightforward outland applications through Buffalo are processed fairly quickly - measured in months not years (mine took just less than 3 months and I landed in November) and it may be possible for you to relocate while the application is in process.

It seems a daunting process, but it is quite doable. And luckily you've found this forum, so you have many knowledge and experienced people to support you in the process. Best wishes as you consider your future options.

 

[Hoser]

My son has an American passport, but my daughter just has a birth certificate....I'm supposing you mean Canadian citizenship papers, and no we don't have those (yet).
3 months is crazy fast, it took about 2 years to get my work visa on this side. Is it easier/quicker/?? if we declare from inside Canada instead of the States?

 

[AllisonVSC]

Applying outland is faster, especially with a straightforward case. I applied as outland conjugal partner. Sponsorship was approved in one month, then my file was transfered to Buffalo. Less than two months later I was driving down to Buffalo (from Toronto) to get my COPR and land.

One thing we did was pay all the fees upfront and mailed everything on the checklist at the same time; apparently waiting for documents slows the whole process down.

I'm not sure what current processing times actually are but here is what the cic is claiming

http://www.cic.gc.ca/english/inFORMation/times/international/01-all.asp#west

 

[RobsLuv]

Because your children are dual US/Canadian, you will probably be able to get them into Canada once your wife's PR is approved without them actually having their Canadian passports yet - as long as you can show that you have applied for their citizenship certificates. They will need, at least, US passports. It takes quite a bit of time to get the citizenship certificates back, so apply for them right away (the fee is only $75 each), and also submit the PR ap to sponsor your wife ASAP. The sooner you get this done, the sooner the four of you can settle in Canada and put this little piece of the puzzle behind you.

 

[Hoser]

Right, so here's what I've come to understand, and a tentative plan.....
I get the cit. papers for my kids, get a visitor's visa for my wife and move into my parent's old house, apply outland for her and get a job/set up school for the fall in the meantime. There won't be any trouble with her living with us in Canada while applying, right? Because it'd be a horrible mess to try to keep two seperate households...

I have to know, is it easier/better to hire a lawyer, is there a lot of messy redtape shoals to navigate or is it something that could be done by any layman?

 

[BeShoo]

If you can read and write Enlgish reasonably well, and you don't have any tricky legal predicament, you're far better doing it yourself. A lawyer is just going to charge a lot of money to do nothing more that fill out paperwork about the history of your relationship, and they really can't do that without getting the "answers" from you anyway.

If you have any questions, the people on this forum are very helpful, and the forum people put together know more about these things than many lawyers do.

If your wife is an American, there is no "visa" as such. Americans are visa-exempt. Rad this for some helpful advice: http://www.canadavisa.com/canada-immigration-discussion-board/crossing-canadian-border-with-wife-from-us-t22091.0.html

 

[Hoser]

I'm actually trying to return to University to finish up my English degree. And no, never been in any nasty legal business, nothing beyond a single traffic ticket. We're both quite clean in every way legally.
Interesting link there. So we'd be taking minimal things with us (possibly just clothing) and leaving as much as we can behind....and be stating our intent right at the border. We did have a lawyer 8 years ago, originally we were going to live in Canada right when we married, but the post 9/11 economy changed that idea....but he talked of keeping things quiet at the border, and doing all the paperwork when she was here in Canada, because the border could turn her back for 2 years if they felt like it. While I would hope that they wouldn't turn back the mother of two Canadian children for no reason....I've had my experiences with scary border guards (although they've mostly been American, no offense). Have there been any horror stories, or things I should watch out for?

 

[Leon]

As a Canadian citizen, you can apply for the spouses PR from the US and actually wait until it is approved before you move. The spouse can not officially move to Canada without getting PR. Showing up with a u-haul full of your stuff and just a US passport is asking for trouble.

Coming for a "visit" and sticking around and applying for PR inland like the lawyer advised 8 years ago means that your wife would not get kicked out but there are other problems associated with inland. For example, it's not advised to leave Canada during the inland processing because if she is denied entry coming back, she would lose her application. You could say that there is no reason why she can't stay in Canada for 12-18 months while she waits but you don't know that she wont have a family emergency and want to make a quick trip to the US. It's a risk you take.

 

[molly99]

Hello,
This is my first post to you board. Same situation as Hoser, only it's my
wife who is the Canadian, and our daughters are by birth.
I am going for my medical exam and am a little confused about something.
On the second page of the IMM 008 it asks for "details of family members ".
Does this mean all family members or only those seeking PR ?
If yes will I need their pics for the Med. Exam?

 

[Hoser]

As a Canadian citizen, you can apply for the spouses PR from the US and actually You could say that there is no reason why she can't stay in Canada for 12-18 months while she waits but you don't know that she wont have a family emergency and want to make a quick trip to the US. It's a risk you take.

Yeah, I had the reverse when I was in the States and couldn't leave, and my grandmother in Canada died. I missed everything....

 

[Leon]

Hello,
This is my first post to you board. Same situation as Hoser, only it's my
wife who is the Canadian, and our daughters are by birth.
I am going for my medical exam and am a little confused about something.
On the second page of the IMM 008 it asks for "details of family members ".
Does this mean all family members or only those seeking PR ?
If yes will I need their pics for the Med. Exam?

On your IMM 008, you only have to put the family members who are not already PR or citizens. Your other family members are listed on the additional family information form.

 

[molly99]

Wow thanks, that's a load off my head as
I already finished filling out the forms.

Thanks

 

[BeShoo]

Interesting link there. So we'd be taking minimal things with us (possibly just clothing) and leaving as much as we can behind....and be stating our intent right at the border.

Be sure that you have already applied or can prove that you are about to apply (showing a fee receipt seems to be the best way to do this). Definitely don't be bringing furniture, and be prepared to show that you have a means of support.

We did have a lawyer 8 years ago, ...but he talked of keeping things quiet at the border, and doing all the paperwork when she was here in Canada, because the border could turn her back for 2 years if they felt like it.

Yes, they can turn her back and prohibit re-entry for up to 2 years, but any reports of this that I've seen here were caused by lying or hiding information. You have to be completely honest if you don't want her to be barred from entry. "Keeping things quiet" may not be the best advice in this regard. On the other hand, it's not usually wise to tell them about things they didn't even ask about, but they always ask the purpose of your trip and you should really be honest about what you intend to do on the trip. They also need to be assured that you need to return to the U.S. if your time runs out or your PR application fails and that you will be able to afford to do so; in short, that you WILL return to the U.S. when asked to do so.