Should We Hire An Immigration Worker?

[LadyMai]

I'm not sure what the best plan would be here, so I'm just going to throw everything on the table and see what you guys think.

I'm an America born, he's Canada born. We met online a year ago, and he paid for me to move across the country and into a border town so we could meet each other. He's been financially supporting me since late February. I moved at the beginning of May.

We travel back and forth across the border to visit each other all the time. A couple times a month. We've had zero issues.

He finally makes enough to have his own apartment, so he moved out of his parents' house. I visited for a month and helped him move and clean up his old stuff. Didn't mean to stay that long but it happens, eh?

It's getting difficult to continually pay for my room, my groceries, his apartment, and his groceries. I worked for a while, but there was an incident while I was visiting for Thanksgiving in October that put a "No call, no show" on my record (even though I talked extensively with HR before I left and they said everything was covered) and it resulted in my immediate termination. I didn't make much anyways, and I spent 3-4 hours in transit combined every day just to get to said job, so I didn't have room to pick up a second job like originally planned. Alas, I couldn't pay for hardly anything by myself. Losing the job was no big deal at all.

He can continue to keep paying for my room and such, but it'd (naturally) be cheaper for me to live with him. However, we're young and don't want to get married so soon. It'd have a lot of negative impact on the family (not his immediate family. They love me and can't wait for me to move up there,) and being together only a year, it would sort of look like we only got married for immigration purposes, and we don't want that.

So, what is the best way to go about this?

My plan right now:
I'm going up for the holidays, but I'm coming back the 21st of January because I have an appointment at the sheriff's office to get fingerprints for use on my police documentations (for immigration.)

First question:
Will I be allowed to return to Canada that day, or will I be denied entry since I just crossed the border?

If I am allowed back across the border, I will have implied 6 month status if I don't get stamped. I've never been stamped.

I will apply for a 6 month visitor extension after that so we can have common law status. After that, I'll have my police documents in order and we'll be able to apply for PR. I'll be submitting an OWP request with that as well.

Do I need to apply for another extension stating that I plan to apply for PR and an OWP?

Should I hire someone to work on this case? It's an expense we'd like to avoid but if we have to, we will.

Doing an outland application is not feasible. I cannot live out here for over 2 years without enough education or skills to get an actual job. That would be insane.

 

[scylla]

FYI - outland applications don't take two years if you are from the US. I would most likely be 10 months or less. I believe we have a number of people here who have recently gotten through in 6 months.

It sounds like your mind is already made up - but I would avoid inland. You're going to end up hating life if you go that route.

 

[Aquakitty]

There's several people (US) who got through in under 4 months, us included. But, I think common-law apps tend to take longer. I'd plan for about 9 months. Outland is very feasible, don't do inland.

You don't have to go to the US to get your prints done. Just go into any RCMP station. They charge $25 or so.

If you don't have any skills, consider going to school online through a community college while getting a PELL grant. That will allow you to bring in some money, go to school legally and end up educated when all is said and done.

 

[LadyMai]

FYI - outland applications don't take two years if you are from the US. I would most likely be 10 months or less. I believe we have a number of people here who have recently gotten through in 6 months.

It sounds like your mind is already made up - but I would avoid inland. You're going to end up hating life if you go that route.

I would like proof because the last time we checked, a couple weeks ago, it was going to take 2 more months to do outland than inland.

Tell me why I would hate life. The mall is around the corner, I can actually visit my family and friends instead of outland where I would be forced to work 2 jobs that don't pay enough and I'd never see my boyfriend who works full time, just picked up a second job, AND goes to school full time. Not to mention his family is my only family. I don't have friends because I moved here from across the country.

 

[LadyMai]

There's several people (US) who got through in under 4 months, us included. But, I think common-law apps tend to take longer. I'd plan for about 9 months. Outland is very feasible, don't do inland.

You don't have to go to the US to get your prints done. Just go into any RCMP station. They charge $25 or so.

If you don't have any skills, consider going to school online through a community college while getting a PELL grant. That will allow you to bring in some money, go to school legally and end up educated when all is said and done.

We can't do that without being common law first.

 

[canuck_in_uk]

I would like proof because the last time we checked, a couple weeks ago, it was going to take 2 more months to do outland than inland.

Tell me why I would hate life. The mall is around the corner, I can actually visit my family and friends instead of outland where I would be forced to work 2 jobs that don't pay enough and I'd never see my boyfriend who works full time, just picked up a second job, AND goes to school full time. Not to mention his family is my only family. I don't have friends because I moved here from across the country.

If you bother to click on the actual offices listed, you will see that NY and LA do not actually receive apps anymore. American apps are sent to Ottawa for processing. Only apps with significant red flags (massive age difference, criminal issues, speak different languages etc.) end up being eventually transferred to LA or NY.

As stated at the top of the processing times site, the posted times are how long it took to process 80% of apps, not averages; this means that 79% of apps are processed FASTER than the posted time, many significantly faster. Ottawa is currently processing 50% of apps in 8 months, i.e. the average is 8 months. You can find this information in the published data set here http://open.canada.ca/data/en/dataset/427337d0-7c36-4fed-8428-c6a63f8c19b3.

Also, you can be IN CANADA while an outland app processes. You can enter as a visitor and stay with your partner while the app processes. This seems to be your plan anyways in order to become common-law; you would submit outland and continue to extend your status as a visitor until becoming a PR.

 

[Aquakitty]

We can't do that without being common law first.

Can't do what without being common-law? Nothing I mentioned requires common-law. Marriage status has nothing to do with a Pell grant. That's an American thing. Something you can do while you wait for your common-law status and PR application.

 

[LadyMai]

If you bother to click on the actual offices listed, you will see that NY and LA do not actually receive apps anymore. American apps are sent to Ottawa for processing. Only apps with significant red flags (massive age difference, criminal issues, speak different languages etc.) end up being eventually transferred to LA or NY.

As stated at the top of the processing times site, the posted times are how long it took to process 80% of apps, not averages; this means that 79% of apps are processed FASTER than the posted time, many significantly faster. Ottawa is currently processing 50% of apps in 8 months, i.e. the average is 8 months. You can find this information in the published data set here

Also, you can be IN CANADA while an outland app processes. You can enter as a visitor and stay with your partner while the app processes. This seems to be your plan anyways in order to become common-law; you would submit outland and continue to extend your status as a visitor until becoming a PR.

I didn't even know I could click on them. All I know is it says it takes 64 days for the first part, then 28 months for the second, for LA because that's where mine would go because we're West Coast.

Should I again wait until we're common law since conjugal sounds bad?

 

[LadyMai]

Can't do what without being common-law? Nothing I mentioned requires common-law. Marriage status has nothing to do with a Pell grant. That's an American thing. Something you can do while you wait for your common-law status and PR application.

Outland.

 

[Aquakitty]

I didn't even know I could click on them. All I know is it says it takes 64 days for the first part, then 28 months for the second, for LA because that's where mine would go because we're West Coast.

Should I again wait until we're common law since conjugal sounds bad?

I see. so your plan was to apply conjugal inland? That category does not exist for inland as you are already in Canada, and for outland, it's equally impossible. As an American there is nothing stopping you from living together or getting married, so a conjugal application is guaranteed to be refused.

As for the timelines, the only applications that go to LA are people with criminality or other issues that require an interview. That's rare for an American. Even the longest outland visa offices in other places in the world take less time on average than an inland common-law or married application.

My suggestion is to live together for a year. If all goes well, apply outland.

 

[canuck_in_uk]

I didn't even know I could click on them. All I know is it says it takes 64 days for the first part, then 28 months for the second, for LA because that's where mine would go because we're West Coast.

Should I again wait until we're common law since conjugal sounds bad?

Go here http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp. Click on LA. Read:

Responsible for Permanent Resident Applications from (Includes Self-employed, Start-up visa, Quebec-selected skilled worker, PNP and family sponsorship): see Case Processing Centre in Ottawa, Ontario, Canada

American apps go to Ottawa.


As said above, you have no chance of approval as conjugal. There are no legal or immigration barriers preventing you from either getting married or becoming common-law.

 

[LadyMai]

I see. so your plan was to apply conjugal inland? That category does not exist for inland as you are already in Canada, and for outland, it's equally impossible. As an American there is nothing stopping you from living together or getting married, so a conjugal application is guaranteed to be refused.

As for the timelines, the only applications that go to LA are people with criminality or other issues that require an interview. That's rare for an American. Even the longest outland visa offices in other places in the world take less time on average than an inland common-law or married application.

My suggestion is to live together for a year. If all goes well, apply outland.

Gah I'm just really hyped up on caffeine and it's hard for me to put everything into words.

We thought that if we applied for outland, I would be forced to live in the US. It's SO much cheaper to just go ahead and live with him because, like I said, he supports me financially 100%.

Thank you though. You've helped shed some light on the situation and we know exactly what we're doing now. Once you know what the eff you're doing, it's not difficult at all. Thank youuu!!

 

[scylla]

Tell me why I would hate life.

Not being able to leave Canada for 27 months. Depending on your province of residence, not having health care coverage until 17 months.

 

[scylla]

We thought that if we applied for outland, I would be forced to live in the US. It's SO much cheaper to just go ahead and live with him because, like I said, he supports me financially 100%.

Nope - you can be here as a visitor and still apply outland. My husband and I did that - as did many others here. Nothing forcing you to go back to the US.

 

[Rob_TO]

I didn't even know I could click on them. All I know is it says it takes 64 days for the first part, then 28 months for the second, for LA because that's where mine would go because we're West Coast.

Should I again wait until we're common law since conjugal sounds bad?

You need to actually read the page where they show what office would process your app: http://www.cic.gc.ca/english/information/offices/apply-where.asp
Office designated for US citizen PR apps, is CPC-Ottawa. The average time there is under 1 year, less then half the time of an inland app.

And yes you need to wait until you're common-law or married. Conjugal in general does not apply to Canada/US couples.