Sponsoring my husband

[modelgirl]

I recently got married in July. My husband is an American citizen and I am Canadian. He is currently here on an extended travel visa (he is allowed to stay for exactly one year).

We are both terribly confused by the immigration canada website and by the mixed information we're getting from representatives we've talked to on the phone. I was wondering if anybody could help clear up these questions for me:

1) If we applied outland, approximately how long would it take for him to receive his PR and be able to move here?

2) If he stayed here and we applied inland, approximately how long would it take for him to receive his PR?

3) Can he apply to work in Canada while he is waiting for his PR (inland)?

4) If he applies inland, can he go back and forth to the States while it is processing? Will he have any trouble doing this?

5) In Ontario, is there a minimum income you must make to sponsor somebody?

6) Does he get the medical evaluation done before we send out forms off to processed?

Thank you!

 

[Isometry]

1. 15 months, but this varies a lot and there's no guarantees. Mine was much faster.

2. 17 months, but this also varies a lot and there's no guarantees.

3. Yes, but if he's applying for an open work permit this will be approved after stage 1 of your sponsorship. Stage 1 for inland is currently taking 9 months.

4. Yes, he can go back and forth. There probably won't be any trouble, but if he is denied entry the application might be forfeit. It's almost always better for Americans to apply outland--he can still be in Canada if you apply outland, as long as he maintains his visa.

5. No, but you do need to show how you intend to support yourselves after he gets PR.

6. Yes. This needs to be done by a designated medical practitioner (DMP) and is usually cheaper to do in Canada than in the US.

 

[computergeek]

We are both terribly confused by the immigration canada website and by the mixed information we're getting from representatives we've talked to on the phone. I was wondering if anybody could help clear up these questions for me:

1) If we applied outland, approximately how long would it take for him to receive his PR and be able to move here?
2) If he stayed here and we applied inland, approximately how long would it take for him to receive his PR?

Outland: step 1 (sponsor approval) takes 2.5 months, step 2 (applicant approval) takes up to 12 months.
Inland: step 1 (sponsor approval + AIP) takes 9 months, step 2 (applicant approval) takes up 8 months

Outland allows him to remain in Canada (as a visitor or worker subject to normal review), or to leave, without jeopardizing the application.
Inland allows him to remain in Canada (again as visitor or worker) but if he leaves and is refused readmission, the application is dead.

Inland ONLY grants an open work permit at sponsor approval ("AIP")

Outland ONLY has the right to appeal a negative decision to the IAD. Both allow application to Federal Court of Canada for judicial review.

Note: actual times DO vary here, sometimes substantially.

3) Can he apply to work in Canada while he is waiting for his PR (inland)?

Absolutely, but he needs to qualify for a work permit. This means he either has to qualify for a NAFTA covered job OR have an employer obtain a positive Labour Market Opinion letter. With Inland first stage approval he gets an open work permit.

4) If he applies inland, can he go back and forth to the States while it is processing? Will he have any trouble doing this?

Yes, he can, but if he is refused re-entry into Canada, the application is deemed abandoned. Thus, if he needs to traverse back and forth, he should submit an outland application. Also, if he can qualify for a Nexus card, this makes going back and forth MUCH easier. $50 for five years. https://goes-app.cbp.dhs.gov and it requires approval by both the US and Canadian government.

5) In Ontario, is there a minimum income you must make to sponsor somebody?

No. You just need to be able to convince CIC that you are not on social assistance and won't need social assistance.

6) Does he get the medical evaluation done before we send out forms off to processed?

Yes. Pull the US specific instructions, fill in Appendix C and take it to a designated medical professional (DMP) from the CIC website.

Good luck!

 

[modelgirl]

Thank you so much for your responses. So helpful!

He was granted a visitor extension visa to stay for another year. If we apply outland, do these visitor extension visas allow for re-entry (ie. can he leave to go visit his family in the states and come back while the outland PR application processes?)

 

[computergeek]

He was granted a visitor extension visa to stay for another year. If we apply outland, do these visitor extension visas allow for re-entry (ie. can he leave to go visit his family in the states and come back while the outland PR application processes?)

Technically a VR does not give him any rights to re-enter Canada, but as a US citizen he's not likely to run into problems in any case. After all, worst case, he just asks for a new VR, and since he's proven worthy in the past he's likely to get a new one.

 

[amikety]

Hi modelgirl,

I'm in the same boat you are, except I'm the American and my husband is the Canadian. I don't know if I can tell you anything you don't already know, but feel free to message me if you need any help or support. I'm not exactly an expert either, but I do lurk around the message boards.

This forum encourages Americans to apply Outland over Inland even if s/he is in Canada. Among reasons are the ability to appeal if the PR is denied and faster processing times. One downside is - if your husband is selected for an interview, he will need to travel to the US for the interview. From what I understand, the interview process Outland v. Inland is still faster and a married couple with a good, well done application has a very small chance of getting pulled for an interview. It can still happen though - and I have nightmares it will be me.... ugh.... I hate flying!

Regarding coming and going, personally I wouldn't do it. The risk of getting rejected at the border and losing your application AFTER spending big bucks? No thanks. As you can read on this board, most border patrol are nice people just doing their job, but sometimes one has a bad day or you get the bad apple. A border patrol agent could infer your PR application means your husband doesn't intend on leaving after his Visitor's Record expires and deny him based on that, although it would kind of take an a-hole to do so...

If you're still confused, read the Guides 3900 and 3999. I was super confused until I found those. They are so helpful.

Also, check to see if your area in Ontario has an Immigration Association. Here in Calgary, we have CIWA. CIWA gives me free legal help, including having a lawyer review my application before I send it in. (It's only a quick read over, but totally worth it in my opinion.) CIWA is technically a women's group as well, but I'm female so it works. I would ask for help either way. The worst they can do is say no.

Notary service/certification of copies... They aren't free at banks here. If they aren't free in Ontario either, PM me and I'll rattle off my suggestions for free services, which isn't long BUT that's okay. Only one has to work. Instead of paying several hundred dollars for a lawyer to do mine, I'm getting all of mine free.

If you haven't started yet, have your hubby get his background check down asap. It takes 2-3 months to get back from the FBI. It's under Country Specific Instructions and he'll need to be fingerprinted. You can gather other documents, fill out forms, and seek advice while you wait on that.

Good luck!

 

[Peaches14]

No matter what anyone tells you, we have all overthought our applications. This is the second time I have been married to a man that I have had to sponsor. The best thing to do in your case is be honest about your relationship. There is no secret answer. I have kept every email I have ever sent to my husband but I am certain the CIC wouldn't want to see them and if you are old enough to marry then you are old enough to make decisions on who will come to your wedding and how much you are willing to pay for one. Not all families agree with relationships that come together over the internet so they don't attend the weddings and some people don't like to spend unnecessary costs on weddings. In the end, you want to be together with the one you love and the facts are the facts. It is not hard to tell when two people are in love and pictures tell a thousand words and everyone love a great love story.

 

[Peaches14]

Sorry Modelgirl, I posted a response in your inbox in error.