Spouse sponsorship thru newyork need help.

[Rafaelchan002]

Hi guys

So my wife decided now to let me sponsor her and live here in canada and she currently lives in New York USA as a student visa but she is already living in US for almost 8years now and she is a Filipino Citizen..

We have been married in aug 17 2014 but didnt get to fully decide to sponsor her yet and file because she thought she is still included in her Parents petition for PR card which unfortunately didnt worked out. And also due to strong bond with parents that she wanted me instead to live there so i looked for every possible way but didnt worked out too but since shes only a student visa now theres no way for me to get there and be a resident

My question is i wonder if will she still go to philippine for an intervirew for example? Or not? Can she just stay in US until she gets a canada PR card? And how long will it probably take for her to get here?
And also i really need a guiide because i dont know where to start.. i feel like my wife is a special case

Our goal is just be together as soon as possible now.. if its possible for her to be with me this year that would be amazing

I was wondering if ill just hire a lawyer

Thanks for reading this guys and thanks for your response

 

[crzy_canadian]

Hi there and welcome, I'll try and break this down:

will she still go to philippine for an intervirew for example? Or not?

That entirely depends on CIC (or IRCC as they're called now). Every outland application is sent to Mississauga for sponsor approval, and from there IRCC routes it to the outland VO of their choice. While it is possible you could get Ottawa (US application VO) as your VO, it's more probable due to your wife's citizenship that it will end up in Manila. In that case, if there is a request for an interview, then yes she will have to go there for it,

Can she just stay in US until she gets a canada PR card?

Absolutely.

And how long will it probably take for her to get here?

From the day your application arrives in Mississauga expect no less then 8 months for a Manila application. If you're lucky enough to get Ottawa as your VO you could be through in as few as 4 months. For more of an idea of processing times check out the '2015 Outland' link in my signature.

And also i really need a guiide because i dont know where to start..

There is a wealth of information and helpful people on here to help you out.

I was wondering if ill just hire a lawyer

Unless you're extremely busy and have 3-5 grand to throw at them, I would highly recommend not. Recently there was a horror story on here where the lawyer made serious mistakes on their application and resulted in the need for an interview.


To get you started:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp#step1

Also my application is going through the Manila office, and am familiar with the process. Anything I can do to help just let me know.

 

[Rafaelchan002]

I do have time but this is really my issue about her going back to philippines for an interview.. becuase if she did she might not get back to us since she is just a student visa.. that why im askin if is theres a way to just let her just stay in us the whole time and not get called in manila.. because that would really cost alot to travel back to ph
Or just plainly can she just stay in us until she gets her pr

What is VO? I dont really have any knowledge about terminologies here sorry

Another thing is our marriage and love is real but were not the persons who are really who records alot of memories

I might have couple of love letters
Plane tickets
Text messages ,skype calls, phone calls
Pictures together
Wedding photo,certificate,video
Marriage proposal
Couple of really old emails


Ive been there alot but we never really lived together

We have been in a relationship for almost 7years now but since were long distance relationship its really hard to prove how genuine our relationship is our primary communication that time is friendster and yahoo messenger and since friendster shut down and yahoo mesenger doesnt really have that thing we dont have alot ofproof

So ill need help in that particular area..

 

[crzy_canadian]

I do have time but this is really my issue about her going back to philippines for an interview.. becuase if she did she might not get back to us since she is just a student visa.. that why im askin if is theres a way to just let her just stay in us the whole time and not get called in manila.. because that would really cost alot to travel back to ph
Or just plainly can she just stay in us until she gets her pr

Regardless of whether you do it yourself or through an immigration lawyer neither will cause or deter the need for an interview. Interviews are required when the officer handling your case has doubts on the legitimacy of your marriage and the best way for them to assay their doubts is in person interview. Thus, the best you can do to avoid an interview is to build a really strong application with lots of proof of genuine relationship. If she gets called for an interview she will have to go, unfortunately, thats just how the process works.

What is VO? I dont really have any knowledge about terminologies here sorry

Sorry, VO = Visa Office

Another thing is our marriage and love is real but were not the persons who are really who records alot of memories

I might have couple of love letters
Plane tickets
Text messages ,skype calls, phone calls
Pictures together
Wedding photo,certificate,video
Marriage proposal
Couple of really old emails


Ive been there alot but we never really lived together

We have been in a relationship for almost 7years now but since were long distance relationship its really hard to prove how genuine our relationship is our primary communication that time is friendster and yahoo messenger and since friendster shut down and yahoo mesenger doesnt really have that thing we dont have alot ofproof

So ill need help in that particular area..

The best I can offer here is include anything and everything you think proves beyond a shadow of a doubt that your relationship is genuine. Remember, you're sending this to a complete stranger, they know nothing about you except what you provide for them; make it convincing. All those things you mentioned are great, include whatever you can.

 

[yvr1234]

Rafaelchan002
Can she just stay in US until she gets a canada PR card?

Absolutely.

It depends on her US status. I believe she needs valid US visa to stay there while waiting for her PR application.

 

[Rob_TO]

I do have time but this is really my issue about her going back to philippines for an interview.. becuase if she did she might not get back to us since she is just a student visa.. that why im askin if is theres a way to just let her just stay in us the whole time and not get called in manila.. because that would really cost alot to travel back to ph
Or just plainly can she just stay in us until she gets her pr

You have no control over this. Even if she's in the US with legal status valid for a long time, it's completely up to CIC if they will process her app based on her current US residency (Ottawa visa office, in which case an interview would be in the US/Canada) or her citizenship (Manila visa office, in which case an interview would be in Manila).

You can certainly write a cover letter to explain your reason to want them to process based on her residency, but there is no guarantee CIC will follow your request. If they decide on Manila and if they demand an interview, she will need to go to Manila for it.

Also as mentioned, hiring a lawyer won't guarantee she won't get an interview request. Countless people on this site have had lawyers screw up parts of their app actually causing more harm than good. I would just do it yourself, and ask a lot of questions here. In most cases no interview is required, it's only if they have concerns about your relationship being genuine.

 

[Rafaelchan002]

You have no control over this. Even if she's in the US with legal status valid for a long time, it's completely up to CIC if they will process her app based on her current US residency (Ottawa visa office, in which case an interview would be in the US/Canada) or her citizenship (Manila visa office, in which case an interview would be in Manila).

You can certainly write a cover letter to explain your reason to want them to process based on her residency, but there is no guarantee CIC will follow your request. If they decide on Manila and if they demand an interview, she will need to go to Manila for it.

Also as mentioned, hiring a lawyer won't guarantee she won't get an interview request. Countless people on this site have had lawyers screw up parts of their app actually causing more harm than good. I would just do it yourself, and ask a lot of questions here. In most cases no interview is required, it's only if they have concerns about your relationship being genuine.

as for the messages and some chats stuff.. do i just need to show them that we are communicating everyday? or do we have to show the messages inside.. this is where i'm actually confused the most because some websites are saying more is bad... like for example i have like 8love letters and like 6 plane tickets with itenerary and pretty much text and chat history is like super long..together with proof that my wife already changed his last name like new york state ID and passports and etc..

and also if they decide to just process it in US.. will they base the processing time on New york which is significally longer than manila or will they still base it on her nationality?

thank you so much guys for quick response.. it feels like its tearing me apart when i don't see my spouse beside me.. (i know you know what i mean) so i really wanna do the best way and i dont want any errors that will make our papers and or time being not together Longer..

 

[Rafaelchan002]

It depends on her US status. I believe she needs valid US visa to stay there while waiting for her PR application.

Shes currently on a Legal Student Visa(H1) and her visa will be valid as long as shes studying.. but on the passport she told me its until next year.. but its extendable once she just enrolls for the next semester


can anyone help me for a detailed guide if what she will do?
all i know right now based on what i learned on checklist is

Identity/Civil Status Documents
-Im Guessing this is a something like id's with changed surnames.. like state id, passport,birth certificate,marriage certificate and what else?
Travel Documents
-all i know is just she has Visa Mark on her passport and her passport is already under my surname what else should be?
Original Police Clearance or certificates
-i think its about just a police record with no bad records at all.. should she still take "NBI" or police clearance from philippines? .. i was told that you dont need to if you arrive at US before you get 18.. which is she came in US when she was still 16-17
Proof of medical examination
-do the immigration tell her what hospital or where will she go to undergo medical examination? or we will have to choose?

im planning to pass our papers right away so if we get approved.. she can apply a visitor visa and tell the VO that we have an approved application and she wants to visit while waiting for the processing..and we are planning for our anniversary which is Aug 17 if thats possible or maybe she can spend Christmas here..and i can prove them that she will really comeback in US.. since she stills go to school and she still has legal work in there.. not to mention her family is in there.. while she only has 1 relative in here and me.. but it doesnt really matter if she wont get granted for visitor visa..since i would still go there and visit her..

as for the proof of relationship .. should i give everything? im so worried that i might overkill it and would result to a delay..or it might not be enough and might result to a delay

 

[Aquakitty]

Why would travelling to the philippines for a short visit (assuming worst-case scenario and she gets an interview) cause her to not be able to return to the US? If she has a US student visa, why would this be a problem?

Also, when does she graduate? Because when you go for PR, CIC expects you to be ready to relocate to Canada.

New York does not process PR applications at all. Ottawa is the office most US residents are processed at, and Los Angeles is for "red flag" interview-required applications.

 

[Rafaelchan002]

Why would travelling to the philippines for a short visit (assuming worst-case scenario and she gets an interview) cause her to not be able to return to the US? If she has a US student visa, why would this be a problem?

Also, when does she graduate? Because when you go for PR, CIC expects you to be ready to relocate to Canada.

New York does not process PR applications at all. Ottawa is the office most US residents are processed at, and Los Angeles is for "red flag" interview-required applications.

well technically shes ready anytime to relocate in canada..and she already got a certificate of medical office assistant.. so the sole reason of her having a student visa in there and staying is because she thought she can still have a chance to get a US Green card.. which she didnt get because she got over-aged and the margin was just for a couple of months..and we personally want to just live in NYC because its a "City" and i get more opportunities of work in there.. but unfortunately our last hope in there was gone.. so we decided to do it the other way and decided we just live together ASAP..and she still got a legit job.. and she only just takes 1 subjects at a time.. and it will take probably 5years for her to run out of subject

i have another question.. while filling up and gathering papers.. what would be the most time consuming document?? so we can start getting those most time consuming document while filling up the easy one.. thxxxx for the reply

 

[ImABule]

You have no control over this. Even if she's in the US with legal status valid for a long time, it's completely up to CIC if they will process her app based on her current US residency (Ottawa visa office, in which case an interview would be in the US/Canada) or her citizenship (Manila visa office, in which case an interview would be in Manila).

You can certainly write a cover letter to explain your reason to want them to process based on her residency, but there is no guarantee CIC will follow your request. If they decide on Manila and if they demand an interview, she will need to go to Manila for it.

Also as mentioned, hiring a lawyer won't guarantee she won't get an interview request. Countless people on this site have had lawyers screw up parts of their app actually causing more harm than good. I would just do it yourself, and ask a lot of questions here. In most cases no interview is required, it's only if they have concerns about your relationship being genuine.

I was under the impression that being admitted legally to a country other than one's citizenship meant that the applicant is given the choice of processing in home country or current country of residence?

 

[Aquakitty]

I was under the impression that being admitted legally to a country other than one's citizenship meant that the applicant is given the choice of processing in home country or current country of residence?

You're supposed to fill out the checklist based on your country of residence(at least, that's how it's worded on the CIC site). However they often send applications to the person's country of citizenship regardless. There's no an official way to pick your VO.


@Rafaelchan002 The bit that takes the longest is the FBI check if she doesn't already have one that is 6 months or newer. So, get that started ASAP.

She's been in the US for a long time, so there's a chance it will go to Ottawa. Write a good letter requesting that VO.

 

[Rafaelchan002]

You're supposed to fill out the checklist based on your country of residence(at least, that's how it's worded on the CIC site). However they often send applications to the person's country of citizenship regardless. There's no an official way to pick your VO.


@Rafaelchan002 The bit that takes the longest is the FBI check if she doesn't already have one that is 6 months or newer. So, get that started ASAP.

She's been in the US for a long time, so there's a chance it will go to Ottawa. Write a good letter requesting that VO.

do we need to get a medical right away too or no??

 

[MilesAway]

The checklist says you should include it, so yes. Waiting until CIC requests it could cause delays.