Advice needed (usa to canada)

[Travis613]

Me and my fiancee are trying to figure out the best way to get through the next two years. We will be sending in our application as soon as we get married in march (in the USA, i hope this doesnt matter) We are wondering if there is any way to be living together and working in Canada while applying an outland application. Are we able to apply for a temp visa and open work permit while waiting?

much apprecaited any response,

also can we send in our forms before our medical and finger prints? or is it just better to do it all at once.

 

[rhcohen2014]

yes, outland applicants can be in canada as a visitor while their application is processing. no, they are not eligible for a work permit. US outland applications are not taking 2 years to process. Current US outland applications (with straightforward applications) are being approved in 6 months total processing time. Currently July 2014 applicants are getting approvals.

 

[dominokitty]

To add to what rhcohen said, it is better if you gather all documents required before sending the application away. Your application can be refused/returned if it is incomplete. CIC has been turning a blind eye to a lack of medicals when the application is first sent in, but it's always safer to have it beforehand.

 

[rhcohen2014]

To add to what rhcohen said, it is better if you gather all documents required before sending the application away. Your application can be refused/returned if it is incomplete. CIC has been turning a blind eye to a lack of medicals when the application is first sent in, but it's always safer to have it beforehand.

since FBI checks are now taking 12 weeks to process (as opposed to the 30 days it used to take), it is ok to send in the application without the FBI clearance. the police record and medicals have nothing to do with sponsor approval, and applications are not known to be sent back or deemed incomplete because these items are missing. if not submitted upfront, they will be requested upon sponsor approval. of course, there's a chance sending them later can cause delays in processing.

 

[Travis613]

yes, outland applicants can be in canada as a visitor while their application is processing. no, they are not eligible for a work permit. US outland applications are not taking 2 years to process. Current US outland applications (with straightforward applications) are being approved in 6 months total processing time. Currently July 2014 applicants are getting approvals.

So does this mean once approved my fiancee will be a permanent residant? and be able to work and live in canada? just a little confused also with the processing times saying 16 months.

Thanks for the reply.

 

[rhcohen2014]

So does this mean once approved my fiancee will be a permanent residant? and be able to work and live in canada? just a little confused also with the processing times saying 16 months.

Thanks for the reply.

rule #1 about outland sponsorship. The posted times on the CIC website do NOT reflect true averages for TODAYS processing, nor does it ONLY reflect applications from the US, and obviously they are misleading. Ottawa processes applications from other countries, and the "average" listed includes every application submitted to ottawa, not just US applications. US applications are processed quickly because there is open info sharing between the 2 countries and it's easy for CIC to verify applicant information. Also, those stats are reflective of LAST year, when there was a lot of internal stuff going on at CIC and again, they are not "true" averages.

Yes, as soon as she is approved as a pr, she can land and can legally work/live in canada and enjoy the benefits of being a resident of canada.

 

[Travis613]

rule #1 about outland sponsorship. The posted times on the CIC website do NOT reflect true averages for TODAYS processing, nor does it ONLY reflect applications from the US, and obviously they are misleading. Ottawa processes applications from other countries, and the "average" listed includes every application submitted to ottawa, not just US applications. US applications are processed quickly because there is open info sharing between the 2 countries and it's easy for CIC to verify applicant information. Also, those stats are reflective of LAST year, when there was a lot of internal stuff going on at CIC and again, they are not "true" averages.

Yes, as soon as she is approved as a pr, she can land and can legally work/live in canada and enjoy the benefits of being a resident of canada.

Thanks for your time and responses made us feel a lot better about the whole situation especially with the waiting time.

 

[dominokitty]

The 16 months for first stage approval is for inland applications - make sure you are on the correct page! Everything you need for an outland application (including information guides) can be found here: http://www.cic.gc.ca/english/information/applications/fc.asp

And the information for processing times is here: http://www.cic.gc.ca/english/information/times/perm-fc.asp

The first table shows processing times for outland applicants. The second one is for inland applicants. If you look at the US visa office times it says 16 months, but that is basically a worst-case scenario (say your application is missing things or incorrect, and you are required to go for an interview because they have doubts about whether your relationship is genuine or not). Also, Ottawa processes applications from many countries which bumps the number up quite a bit. Most people are processed much faster than that. You can check the Ottawa visa office thread for a more realistic timeline. So it's about 2 months for sponsorship approval and then it goes to Ottawa for the other half.

 

[Travis613]

since FBI checks are now taking 12 weeks to process (as opposed to the 30 days it used to take), it is ok to send in the application without the FBI clearance. the police record and medicals have nothing to do with sponsor approval, and applications are not known to be sent back or deemed incomplete because these items are missing. if not submitted upfront, they will be requested upon sponsor approval. of course, there's a chance sending them later can cause delays in processing.

I am just a little confused, so is it 100% mandatory to get finger prints done and the fbi background check and medical check?, also if we do not send them in with our forms we will have topresent them upon arrival to canada? or will they be requested at a later date after we send in our forms?

thanks,

 

[rhcohen2014]

I am just a little confused, so is it 100% mandatory to get finger prints done and the fbi background check and medical check?, also if we do not send them in with our forms we will have topresent them upon arrival to canada? or will they be requested at a later date after we send in our forms?

thanks,

yes, it is 100% mandatory to submit an FBI record (Which requires fingerprints) and do a medical exam to be approved as a pr. They are required documents. WHEN they must be sent is up to interpretation. MOST people send them upfront as stipulated in the application, and SOME people wait until they are requested by the visa office. Waiting until they are requested risks delays in processing because an application can NOT be approved until those 2 items are received by CIC.

 

[Travis613]

yes, it is 100% mandatory to submit an FBI record (Which requires fingerprints) and do a medical exam to be approved as a pr. They are required documents. WHEN they must be sent is up to interpretation. MOST people send them upfront as stipulated in the application, and SOME people wait until they are requested by the visa office. Waiting until they are requested risks delays in processing because an application can NOT be approved until those 2 items are received by CIC.

Thanks again for the detailed reply we really appreciate your time,

We are wondering about medical exams because we are going to do them up front before we send in our application and wondering how many days before we send them is it valid for? also do we have to be married or anything before we get the exams done?

The cic site says "you must submit proof that you completed the medical examination with your application. Failure to do so may result in processing delays." What exactly does this mean? and how do we prove it?

Also, I will be crossing the boarder to get married in march in the states should I mention this to the boarder officers or will that cause problems with my being allowed in?

 

[rhcohen2014]

Thanks again for the detailed reply we really appreciate your time,

We are wondering about medical exams because we are going to do them up front before we send in our application and wondering how many days before we send them is it valid for? also do we have to be married or anything before we get the exams done?

The cic site says "you must submit proof that you completed the medical examination with your application. Failure to do so may result in processing delays." What exactly does this mean? and how do we prove it?

medical exams are valid for 12 months from the date of examination. at the end of the exam, the doctor must give you an "emedical" receipt that CIC will use to pull the results. that is the "proof" that must go in the application, or sent to CIC upon request. make sure to keep a copy for your own records as well.

Also, I will be crossing the boarder to get married in march in the states should I mention this to the boarder officers or will that cause problems with my being allowed in?

well if the reason you are crossing is to get married, there is nothing wrong about it. you are allowed to enter the US as a visitor and get married there. so, if they ask what the purpose of your trip is, tell them the truth. you aren't going to be denied entry for telling them the truth.

 

[Ponga]

so then, if they are asking for her traveling, and she writes wherever she was in canada, why would she need to add "out of status"? if it was a continuous span of time, then wouldn't just writing her status as VISITOR with the correct dates listed be enough? they would see by the dates it was over the 6 month allowance which would probably automatically prompt investigation into extension requests through their own checks. there's no need to lead them to the conclusion if it hasn't caused any issue, and it's not misrepresenation because the dates were an accurate account.

LOL! I think you meant to post your message in this thread:
http://www.canadavisa.com/canada-immigration-discussion-board/illegal-residency-in-canada-t263840.0.html

 

[rhcohen2014]

LOL! I think you meant to post your message in this thread:
http://www.canadavisa.com/canada-immigration-discussion-board/illegal-residency-in-canada-t263840.0.html

haha yeah, i'll post it there!

 

[Travis613]

medical exams are valid for 12 months from the date of examination. at the end of the exam, the doctor must give you an "emedical" receipt that CIC will use to pull the results. that is the "proof" that must go in the application, or sent to CIC upon request. make sure to keep a copy for your own records as well.

well if the reason you are crossing is to get married, there is nothing wrong about it. you are allowed to enter the US as a visitor and get married there. so, if they ask what the purpose of your trip is, tell them the truth. you aren't going to be denied entry for telling them the truth.

Thanks again!,

I am looking for information on how to get the finger prints done, the FBI website is a little confusing and im not sure if its the right thing we need it says Identity history summary... is this the right thing we need? and also is my fiance able to get her prints done at a police precinct?

any information with the process and rules thats a little more clear would be appreciated thanks!