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sgw

Newbie
Mar 12, 2014
4
0
Hello most esteemed CanadaVisa forum goer's.

I will apologize up front for asking such common questions but my case may warrant the new post.


Firstly: I have previously applied for my spouse to immigrate INLAND. She wanted to return to the USA and so our application was cancelled due to missed interview after 32 months of waiting.

Now, we are going to try INLAND again.



My questions are as follows :

* will I even be able to apply for her again
* will she have to apply for a TR visa, or simply extend status if she visits.

Kind thanks in advance.
 
Good grief! 32 months down the drain and you want to do it all over again...INLAND?!

AFAIK, she can apply again.


Since she's from the US (visa exempt) why not consider an Outland application (which can still be used if she comes back to Canada). She will have to maintain her legal status, but it's much faster than applying Inland.

Just curious...why did your first Inland application take 32 months even before the missed interview? Did you (do you) have a lot of red flags?
 
Is she a U.S. citizen?
 
Thank you for your response Ponga.

I would really like to know why it took so long myself..

I should not have had any red flags but it got caught up in a local office during 2010/2011 and they said it was going to take a long time.. It sure did!

So I am perplexed by the suggestion to apply Outland.. How would that work at the border?


* Would she simply be able to extend her status as visitor with a TR visa rather than TR permit?
* would my kids (step kids - not adopted) be able to get Study permits?
 
to be rather blunt, we are sick of being apart.

It is difficult after being married for 5 years having been separated for over 2 of them and now looking down the barrel of an 18 month outland application..

I want to unite my family, Even if that means another 30 month application.
 
U.S. citizens are visa exempt, so there is no TR visa in Canada for Americans. Normally, when they cross the border for a trip, they are allowed to stay for 6 months. Sometimes the passport gets stamped, but most of the time the officer doesn't stamp it, especially if they are coming by car because some people travel back and forth daily. If there is a stamp with nothing written or if there is no stamp, it is automatically 6 months. If they want to allow less than 6 months they will write a date at the bottom of the stamp.

If they are really worried that she might not go back the U.S., but they allow her to visit anyway, they will issue a "Visitor Record" (which I call a VR). It's a piece of paper which is folded up and stapled (or paper-clipped) to a page of the passport.

When I crossed the border with my partner, I told them he was planning to apply for PR and he wanted 6 months to visit. I had the application mostly completed, but I hadn't paid the fee. They didn't like the fact that I hadn't paid the fee yet (due to some confusion on my part), but they gave him 3 months on a VR, advising us to get the application in ASAP. They told us we were doing everything in the wrong order. The officer said we should apply first and then come for a visit. Possibly, that's what you should do, too.

We had planned to do a "conjugal partnership" application, in which we would provide evidence that we had already been in a marriage-like relationship for more than a year. After getting a lot of advice, it seemed a bit iffy to do that, even for a gay couple and it took forever to get the evidence together. At various times, I was so short of money that I thought I might have to go on welfare (which would have killed the application) and we had to keep updating the information and the forms. We eventually passed one year together and redid the forms as a common-law couple. (You won't have that problem because you are already married.)

A lot of things happened, but we finally sent the application off for an outland process in January. I just got sponsorship approval and we just got a 5th extension to the VR, so he's good till next January. We've been together for over 4 years now on visitor status, always thinking we are almost ready to sent the application, and have traveled to the U.S. to visit his family one weekend every year. There is usually very, very minimal hassle at the border when we return and they see the VR in his passport.

If you do an outland application, she has to be prepared to do an interview in the U.S. if it is required.

I have no idea if your step-kids would be able to get study permits. That is outside of what I know. How old are they? I suppose they can visit as your wife can, but going to school is a whole different problem.