Sponsoring Wife from USA

[Celandrius]

Hello all,

Been browsing over the forums a little bit and I haven't found an answer to a few questions that pertain to me and my wife's situation, so I figured I would post a new topic. Our current situation is this; Me (Sponsor/Canadian citizen living/working in Canada) and my wife (Applicant/American citizen currently visiting me in Canada), have recently started filling out all of the paperwork and forms necessary to proceed and file for inland application with spousal sponsorship (including an open work visa application, for my wife). Now where our questions/concerns appear is that currently my wife has been visiting/living with me in Canada for 4 months, and during this time we were acquiring all of the necessary additional paperwork (ex. tax information, work info, criminal record checks etc.), so now that we are getting ready to send off/submit all the paperwork/files we are worried about the following.

A) Because my wife is here as a visitor, she was not required to get a visa and thus is only allowed to be in Canada for 6 months less 1 day (Approx. another 2 months), once we file (Send off the paperwork) for an In-land application would she have to leave Canada once the date arrives or would she be able to stay until it is fully processed?

A.b) Conditional on the previous answer, Would it just be easier for her to go back to America (unsure of how long she would have to stay in America), and then come back for another 6 months less 1 day and file at that point or just to file a.s.a.p?

B) Our next/final major concern can be contributed to nerves, is simply have we done everything right? We've filled out the in-land applications ((IMM 5289)), and the open work visa application, as well as attached all the necessary paperwork and additional paperwork(Visiting records/history of relationship), and we are going to do the medical check when it is requested.

We appreciate the time you have taken to read this and any help/responses we receive, and the inspiration this forum has provided us.
Thank you.

 

[Ponga]

Re: Sponsoring Wife from America

Hi,

Are you sure you want to submit an INLAND application? For an American, an Outland application is typically faster.

It's a bit confusing, but a person can be in Canada while their Outland application is being processed, provided that s/he maintain their legal status in Canada for the duration of the process. The only real caveat, is that an Outland applicant is not eligible to apply for an OWP (Open Work Permit), which isn't that big a deal, since an OWP for an Inland applicant isn't even processed until they have stage 1 approval (AIP) which seems to take ~ 9 months. It's possible that your wife could complete the entire process in that same timeframe, if applying Outland.

A.) If you file an Inland application along with an OWP, that *should* give her implied status, which would allow her to remain in Canada until she is either approved for PR, or if [heaven forbid] the application is denied, she would need to leave Canada.

A.b) Yes, that would be an option. If you file an Outland application, she can come and go as she pleases, but would be at the mercy of the border officer(s) to determine how long she could stay. Many Americans have been successful is having a 1 year visitor extension based on their pending sponsorship application.

B.) THAT'S the toughest part. As you know, the application `package' contains a number of forms (one set for the sponsor and a separate set for the applicant), so it's much more than just form IMM 5289. Add to that, the evidence of the relationship that you need to submit, copies of documents, tax (earnings) slips from CRA, etc., and it has your stomach in knots for days!!

One word of caution; Make sure that whichever route you take (Inland versus Outland) you submit the most recent revision of the form(s), as they are updated fairly often...but they never tell `us' here that they've done so. You should check the CIC website when you are ready to actually mail in your applications to ensure that they didn't change anything.

For an Outland application, it's better to do the medical and FBI PCC upfront, as it could deem your application as being `incomplete' and possibly returned. For an Inland applicant, these can be deferred, but you would still want to add a note indicating that they will be completed and forwarded to CIC at a later date.

You'll find a wealth of information here and some really helpful people, to get you through this vortex in your lives!

Good luck!

* Some have reported that an OWP can no longer be submitted with an Inland application and must now wait until they have AIP. If this is true, it could negate the implied status. It's best to call CIC and ask your self...and then hope you received the correct answer.

 

[Ponga]

Re: Sponsoring Wife from America

Also, keep in mind that the FBI PCC is only valid for 90 days, so it's imperative that CIC receive that prior to it expiring.

As long as it is received by CIC within 90 days, she shouldn't need another one. She will NOT need a police check from Canada, only the US and any other countries (besides Canada) where she had lived for 6 months or more, since age 18.

 

[Celandrius]

Re: Sponsoring Wife from America

Thank you very much for your reply and information, we greatly appreciate it, however this brings up a few concerns/questions.

A) If we file inland without an OWP would she receive implied status, or still be listed as visitor in terms of length she can stay?

B) Due to monetary concerns we do not have the ability if we do file outland to have her travel back and forth continuously if it is required, which brings the question, would it be? (we don't think an interview would be requested, but who knows).

We apologize to be asking such simple questions, but these are mainly issues that have left us unsure, due to the seeming lack of information on the CIC website itself.

Thank you again.

Note: We will be calling CIC this coming Monday for hopefully some more information.

 

[Regina]

Re: Sponsoring Wife from America

"Sponsoring wife from America to America" You see Canada is also in America.

If we file inland without an OWP would she receive implied status, or still be listed as visitor in terms of length she can stay?

No, after 6 months of staying in Canada she will need to extend her "visitor status". Never heard it was denied for a wife in a process of sponsorship.

Concerning her going to US and back , in case of INLAND process, she will have to stay in Canada. Maybe if she goes to visit her relatives for a weekend or couple of weeks it will be OK, but she is not supposed to go back to US to live there while in INLAND process. Also I do not know how it (her visits to US) could effect her "visitor visa". Usually it is broken as soon as you leave Canada. I suppose you should get an advice from a lawyer for this matter (extended visitor stay and going to US frequently).

 

[rhcohen2014]

Re: Sponsoring Wife from America

Thank you very much for your reply and information, we greatly appreciate it, however this brings up a few concerns/questions.

A) If we file inland without an OWP would she receive implied status, or still be listed as visitor in terms of length she can stay?

B) Due to monetary concerns we do not have the ability if we do file outland to have her travel back and forth continuously if it is required, which brings the question, would it be? (we don't think an interview would be requested, but who knows).

We apologize to be asking such simple questions, but these are mainly issues that have left us unsure, due to the seeming lack of information on the CIC website itself.

Thank you again.

Note: We will be calling CIC this coming Monday for hopefully some more information.

Definitely do some research on these threads. for US/Canada, it's not recommended to do inland, as it takes significantly longer than outland. From what I read, US applications get some leeway, and it is common for outland applicants to be approved in 8-10 months. Yes, that seems long, but it's short compared to inland. Supposidely when applying inland, it takes that long just to get through the first stage!

In regards to travelling back and forth, i have yet to hear anything about needing to go to canada for the application process. There was a form in the application that asks for choice of interview locations, all US based. In my case, NYC was the closest. Again, it has been stated on these boards, that there is a slim to no chance US applicants are pulled in for interviews (only if there are concerns about the applicant or relationship). The only reason your wife would need to go up to Canada would be if she wanted to visit you there. When crossing the border, it's important for her to have documentation to her ties to the US (paystubs, rental lease or mortgage info, and ESPECIALLY your marriage certificate!). I carry those as well as a copy of the application with me whenever i go up there. I also carry proof of my health insurance! If she is flying, she must have a return ticket so that it shows she does not intend to stay illegally.

US citizens don't need visas to enter. When she goes, they will ask quesitons about her life in the US and how long she wants to stay. At that point, they will either pull her into secondary to ask her more questions and issue her a visitor's pass with the date she needs to leave by, or just trust her answers at primary and stamp her passport with the date to leave written in. The visitor pass will be stapled to her passport, and will also note she is not allowed to work or study while there. From what I've read, once the application is in, it is likely for them to issue a 6 month pass, and if you want to extend, you have to apply for an extension at least 1 month prior to its expiration date. I've been told by the border people, that our countries now share entry information, so they will know if she is overstaying. That can result in major problems!


Feel free to send me a private message. I have become quite familiar with the canadian border - at least the drive through ones. When we were just dating, i received a 1 year exclusion order, so i'm familiar with being red flagged in the system too. Luckily, now that we are married, they are a lot friendlier to me, and i've gone there multiple times since it was lifted.

 

[canuck_in_uk]

Re: Sponsoring Wife from America

B) Due to monetary concerns we do not have the ability if we do file outland to have her travel back and forth continuously if it is required, which brings the question, would it be? (we don't think an interview would be requested, but who knows).

Note: We will be calling CIC this coming Monday for hopefully some more information.

Interviews are only called when CIC suspects a Marriage of Convenience or to address major red flags, such as not speaking the same language or having a 30 year age difference. CIC won't suspect an American of an MOC, so provided you guys have no red flags, the chances of an interview are pretty much zero.

To be honest, the CIC call centre is not very reliable. You are likely to get different answers if you call up a few times asking the same question. You will get better advice posting your questions on here.


I also advise that you file outland, not inland. The OWP shouldn't be a factor in your decision, as she wouldn't receive it for at least 9 months, which is about how long it takes to receive PR with an outland app. Keep in mind that the processing time could change; up until recently, it was taking 11 months or longer for inland 1st stage approval. Your wife can stay in Canada, maintaining her status as a visitor while her outland app processes.

 

[Celandrius]

With all of this being said, our main goal is to have us spending as little time apart as possible.

So if we file Outland would it be possible for her to come back file the outland application, stay 6 months, and extend her visit time in Canada until the outland application is complete without problems?

In regards to the possible, but not plausible interview, do you think there would be any issues with returning to Canada (after the interview) if she had copies and records of the immigration application?

Once the Outland Application is completed successfully (remaining optimistic!), would she then have to leave Canada as a visitor and then re-enter or could she just stay and gain her PR?

This is all wonderful information, and we thank you immensely for helping.

 

[rhcohen2014]

With all of this being said, our main goal is to have us spending as little time apart as possible.

So if we file Outland would it be possible for her to come back file the outland application, stay 6 months, and extend her visit time in Canada until the outland application is complete without problems?

In regards to the possible, but not plausible interview, do you think there would be any issues with returning to Canada (after the interview) if she had copies and records of the immigration application?

Once the Outland Application is completed successfully (remaining optimistic!), would she then have to leave Canada as a visitor and then re-enter or could she just stay and gain her PR?


This is all wonderful information, and we thank you immensely for helping.

1 - that is totally dependant on the border person you encounter that day at that border. I have not asked for 6 month stays yet, because with my history, i've been too afraid to be denied entry. This isn't to say they don't issue 6 mo passes. Again, it truely depends on the border agent you are dealing with. There is a lot of mention on these boards that extensions are rarely denied, and that applicants can stay in canada as a visitor during the application process.

2 - i'm not sure i understand your question. AGain, there is mention on these boards that US citizens get a fair amount of leeway. US citizens are not seen as a risk of a fraudulant marriage. Going back and forth i would think would still be the same, no matter what stage of the application you are in.

3 - from what I read on these boards (As I have yet to get to this point), the applicant will have to report to a border, and produce paperwork to "land" in canada. I *think*, if you are in canada when it is approved, you do what's called "flag poling". From what the internet tells me, this is when you leave Canada, and tell the US border you just need to "flag pole" (essentially saying hi to the US, and turning around) so that you can land as a PR. There are threads on here that explain what happens when you get the approval. You have to submit paperwork about what you are bringing/intend to bring, and there is an expiration date for "landing".

 

[canuck_in_uk]

So if we file Outland would it be possible for her to come back file the outland application, stay 6 months, and extend her visit time in Canada until the outland application is complete without problems?

In regards to the possible, but not plausible interview, do you think there would be any issues with returning to Canada (after the interview) if she had copies and records of the immigration application?

Once the Outland Application is completed successfully (remaining optimistic!), would she then have to leave Canada as a visitor and then re-enter or could she just stay and gain her PR?

You said previously that she was already in Canada and I got the impression that your goal was to stay together in Canada the entire time. She can file an outland app without ever having to leave Canada, so where would she be coming back from? It is quite simple to extend her visitor status while the app processes.

She won't have an interview. If she does have to go back to the US for whatever reason, she should have no issues re-entering Canada.

She could make an appointment to land at a CIC office within Canada but this can take weeks or even months to do, depending on the office. Flag-poling, which is going to the Canada-US border, leaving (even just for a few minutes) and re-entering Canada is a much faster way.

 

[Celandrius]

You said previously that she was already in Canada and I got the impression that your goal was to stay together in Canada the entire time. She can file an outland app without ever having to leave Canada, so where would she be coming back from? It is quite simple to extend her visitor status while the app processes.

She won't have an interview. If she does have to go back to the US for whatever reason, she should have no issues re-entering Canada.

She could make an appointment to land at a CIC office within Canada but this can take weeks or even months to do, depending on the office. Flag-poling, which is going to the Canada-US border, leaving (even just for a few minutes) and re-entering Canada is a much faster way.

Sorry for the confusion, it turns out that she has to go back sometime soon just to get some extra documentation. That was all that I meant. She will be back in Canada before we actually file the paperwork. That was the main reason for our concern of her being able to come back.

Thank you all for the information, it has been the biggest help we could have ever hoped to find. It smoothed over a lot of the details we were missing, and definitely made us way less confused!

 

[canuck_in_uk]

Sorry for the confusion, it turns out that she has to go back sometime soon just to get some extra documentation. That was all that I meant. She will be back in Canada before we actually file the paperwork. That was the main reason for our concern of her being able to come back.

Thank you all for the information, it has been the biggest help we could have ever hoped to find. It smoothed over a lot of the details we were missing, and definitely made us way less confused!

Ah, OK. You guys should think about paying all of application fees prior to her return to Canada. Having the fee receipt shows the border officer that you guys really are committed to applying for sponsorship. It might not even come up, she might just get waved through, but just in case, it's one extra precaution that you can take to help prevent any problems at the border.

 

[rhcohen2014]

Ah, OK. You guys should think about paying all of application fees prior to her return to Canada. Having the fee receipt shows the border officer that you guys really are committed to applying for sponsorship. It might not even come up, she might just get waved through, but just in case, it's one extra precaution that you can take to help prevent any problems at the border.

yes, i agree. pay for at least the sponsorship fee (the $75 one), and have her carry the paperwork for the application you have collected so far, as well as your marriage certificate, her lease agreement or mortgage papers, and recent paystubs. i did this every time i went up to canada until we sent the application. if they see you have started paying, they assume you are serious and are nicer about thing. i was visiting my husband in ottawa when we submitted it. it's certainly cheaper to mail it within canada! now that our application is in, i carry a copy of our app with my proof of US ties in case i get questioned.

 

[canuck_in_uk]

yes, i agree. pay for at least the sponsorship fee (the $75 one)

$75 won't mean much. It's better to pay the entire $1040.

 

[rhcohen2014]

$75 won't mean much. It's better to pay the entire $1040.

We only paid the $75 and i carried the receipt with me whenever i crossed (2 or 3 times). they never looked at the details, just saw that i had the receipt, and that i had paid for medical. we didn't pay the applicant fee until it was time to send in the application. basically they just want you to prove you are serious and are following their rules.