URGENT - please help!

[Charlissimo]

Hi gang,

I am a born Canadian citizen and I recently got married to a South Korean and we got married last month in South Korea. We came back to Toronto on New Years eve and she came here as a visitor and is living with me currently. I received the marriage certificate and have all our documents notarized from the Canadian Embassy in Seoul.

I am now starting on the immigration documents and when I go online to Immigration Canada, I am getting a little confused here. The proper documents that we need to fill out is `Sponsor your Family-Spouse or Dependent Children`and then the correct application kit would be;


1. Application for Permanent Residence in Canada—Spouse or Common-law Partner (living with you in Canada)
OR
2. Application to Sponsor a Member of the Family Class (living abroad)


I'm assuming it's the 1st one as she is living in Canada with me as a visitor but I just want to make sure. Also will we need to apply for an extension to her visitor status at the same time? If you have a link that would be much appreciated. Any other suggestions or comments would really help. Thanks in advance.

 

[serenifly]

Hi

My husband is from Kiwiland, He is too here on a Visitor Visa, but we own a house together in Canada etc. We did the application for spousal sponsorship INLAND (In Canada)

Keep in mind though, OUtland application processing times are 1 - 2 months, Where Inland is 9-18 Months waiting time. So you would be supporting your wife until she is landed which at this point is late in 2012 ... FYI ...


If I were to do it all again I would send my husband home for a month for 5 K and wait 44 + days! lol but that's me

You can keep extending your application there is not 100% approval rate, but we haven't had issues so far

 

[Inlandappl]

http://www.cic.gc.ca/english/information/applications/spouse.asp


Yes, you are right, click on the link above, you will find all the inforocessing Times for inland applications are usually longer than for outland. But also in my case we applied inland. tips to avoid delays: application must be complete and signed,all questions must be answered. you should submit as much proof as possible of a genuine relationship(photos together during the years or months, documents, photocopies of personal letters(if you have them), letters from members of your family, wedding photos, bills on both names or(if applicable) property papers on both names
In case they suspect your relationship(also for lack of info provided) is not genuine they will pass all your application to another local office where there is a huge line for interviews. That can add years to the process. Good luck with everything!!!
If you have canadian kids together add the canadian birth certificate too to the application.
Canadian children do not need to be listed in your application as dependent children

Hope that helps!!

 

[suenim]

Hi

My husband is from Kiwiland, He is too here on a Visitor Visa, but we own a house together in Canada etc. We did the application for spousal sponsorship INLAND (In Canada)

Keep in mind though, OUtland application processing times are 1 - 2 months, Where Inland is 9-18 Months waiting time. So you would be supporting your wife until she is landed which at this point is late in 2012 ... FYI ...


If I were to do it all again I would send my husband home for a month for 5 K and wait 44 + days! lol but that's me

You can keep extending your application there is not 100% approval rate, but we haven't had issues so far

Outland applications are not 44 days (or 1-2 mths). The sponsor's assessment is what happens during that time. The rest of the application takes longer than that. It varies from 2-24+ mths depending on the visa office.

 

[RobsLuv]

OK, you can submit either type of application but there are pros and cons to each. Which you choose is not so much dependent on where your wife is staying (although she has to be staying in Canada if she applies "inland" [Option 1]) as it is about where the application will be processed. Typically "outland" applications are processed faster, and you retain your right to appeal a refusal. Outland applications have no residency requirement - your wife can be staying in Canada with you, or be at home in South Korea, or be anywhere else and the outland application will continue to process normally. The drawback is that, if an interview is required, she will have to go to the embassy in Seoul to attend it - and she will need to travel to Seoul to submit her passport when they request it to finalize the application. Seoul is currently finalizing spousal applications in 6 months, plus another month or so at the Case Processing Centre in Mississauga, ON to assess your eligibility to sponsor before the ap is transferred overseas. Her temporary status can be extended separately from the PR ap by sending this application to extend status or change conditions to the Case Processing Centre in Vegreville, AB so that it's received before her current status expires. (Note: an outland applicant cannot change conditions - she can only extend the status she was given on entry, and as long as the extension ap is received before her status expires, she's protected by "implied status" to remain in Canada until they make a decision on the extension.) With proof of your marriage, your financial support and the outland PR ap in process, there is little chance that the extension would be denied. You just keep extending, before status expires, as long as she is in Canada until her PR is finalized and she "lands".

With the inland application process, she remains in Canada with you throughout the process. Everything is done in Canada. The drawbacks are that it will take 8-9 months before her application is even opened - you will include the extension application WITH the inland PR ap and that protects her, under "implied status", until they assess the PR ap for first stage approval. When she is issued Approval in Principle (when first stage is positively assessed), they will issue her a new temporary status document. The advantage of inland in this regard is that you can elect to extend her status and request a change of conditions (upon first stage approval) to an Open Work Permit when you submit the extension ap and inland PR ap so that they will automatically issue an OWP when she receives first stage approval. Then it's another 3-6 months or more until her application is finalized and she can become a PR.

So the decision is - do you guys want her to be able to be processed and landed within about 7-8 months, with the right to appeal a refusal, even if it means she will have to leave Canada at some point during processing and probably not come back until all is finalized, OR, do you want her to be able to remain in Canada the entire time, but have to wait longer to be able to work and have to wait longer to be finalized, plus lose your appeal rights AND, because of the residency requirement of an inland ap, if she has to leave Canada during processing for any reason and they don't let her come back, the inland ap is forfeited and you have to start all over again outland.

 

[Charlissimo]

Thanks for all the replies! So we are able to choose either of the 2 application kits? If that's the case I think we will choose the 2nd one as it allows her to go to the US for travel. We are planning on making a trip to LA. Also the 2nd kit seems much faster for processing.

 

[Charlissimo]

Hey Robsluv, thanks for the detailed information. Quick question - in the event that they do not require an interview does she still need to go back to Seoul to give up her passport? And will all this be done within 12 months because she has a return ticket where the return date can be changed any time within a year at no cost. I am pretty sure that they won't require an interview because I did visit her twice while she was in the US on a study permit and she visited Toronto 3 times from Oct 2009 to Jun 2010 and we went on a trip to Cancun and yada yada yada. Also, if we were to take a trip to the US, would this be doable if we apply outland?

 

[canadianwoman]

They might request an interview even with all the contact you have mentioned. South Korea's processing time on average is less than a year, so most likely she'll be able to use her ticket.
If you apply outland, you can take a trip anywhere depending on visa requirements. Since she can enter Canada without a visitor visa, she will almost certainly be allowed back in.

To reduce the chances for an interview, include a lot of evidence that you have a genuine relationship. So include proof of your trips together and of trips taken to see each other: plane tickets, boarding passes, hotel and restaurant receipts, receipts of activities done together, photos.