Apply for Outland as American in Canada - lots of questions

[dualhammers]

Hey


First post so I will cut to the chase. I entered Canada 2 weeks ago to move in with my soon to be mother in law since I am flat broke and neither my wife or I could find any work in the states. She has offered to support us until we get on our feet. Our plan right now is to get married July 15th and then file for my Outland PR process. My Visitor Record I got at the border says I am allowed to stay until September 15th but I am going to fly back to America next week for 3 days to do some last minute paper-work, then re-enter and file after July 15th along with a visa extension.

That being said I have several questions.

1. I foolishly sent all my stuff after me when I flew up to Canada. I truthfully told them at the Customs House that we are storing it for now and I wanted to get it there safe which is why I flew up on this trip. At first they said it needed to be turned away but finally they put it in bond saying it is going to be examined and duties will be assessed. I know now I could have waited and got the stuff in for free, but my question is can they still reject my stuff or worse make me pay the duties and then kick the stuff out after?

2. I need to get my Fingerprint from the FBI and the PCC done - I plan on getting my fingerprints done when I fly back to the sates, same with the PCC. The website says it could take two months to get these done. Can I file for my PR without these forms to get the process started and send them in after they arrive? Can I get the forms mailed to me in Canada?

3. Since my allowed stay date is September I obviously need to file for a visa extension. Is it possible to file for that before I send in the PR or will that make it less likely to be approved?

4. I called the CIC and their automated message said processing on visa extensions is 167 days right now. It also said soon as I file I have "implied visitor" status until they approve or deny my extension. Does this mean if processing time is 167 days I automatically get an extra 167 days soon as I mail out the extension form or is anyone who doesnt get a visa that allows them to stay 6 months just screwed?

5. Is it better to file for the extension early, then wait for the FBi forms to show up, and then file for the PR, or try and send out the PR at the same time as the extension and send the FBI/PCC along later?

6. I am not worried about working in Canada right now - I planned on not being able to for at least 6 months from August. That being said I do have an American residence and was hoping to do some freelance work online (via E-Lance and other sites) and have it billed to my American residence. Is this possible?

7. I told them I was staying for 3 months when I entered last week. If I fly next week for the weekend to the sates and then fly back (all before filing for anything) will I have trouble getting back in because of the import in bond stuff? Am I not allowed to leave until my goods are out of bond? I plan on telling them I am just visiting to finish my trip (september) and only if they ask if I am filing will I answer. Should I just not go back?

The customs house issue was very stressful and i am worried I am going to be kicked out and not allowed to return for a year. I have no family who can support us in the states so we're pretty much screwed if we can't stay with her mom. We're both recently graduated students of Animation and right now getting work is next to impossible unless you're amazing or know someone - both are things we are still working on.

Anyways. Thanks for letting me vent on this - I look forward to hearing some advice to calm my nerves.

 

[QCSunshine]

About this part:
2. I need to get my Fingerprint from the FBI and the PCC done - I plan on getting my fingerprints done when I fly back to the sates, same with the PCC. The website says it could take two months to get these done. Can I file for my PR without these forms to get the process started and send them in after they arrive? Can I get the forms mailed to me in Canada?


If at all possible, I would not submit an application without the FBI report. It can take a while to get it, but if you go ahead and submit an application without it, it could also hold up things (and possibly for longer than the wait time for the FBI report.) It's my opinion that submitting a complete application all at once is a huge plus in the processing time of an application.

You can have the FBI report sent to an address in Canada. You can also get the fingerprints done in Canada and mail the request from Canada to the FBI.

About the visitor record:
If you have a visitor record, when you leave Canada that visitor record becomes invalid and you are not guaranteed re-entry. I was here in Canada on a visitor record and seriously thought about canceling a trip I had scheduled (to attend a close friend's wedding), outside Canada. In the end, I went because I figured I was towards the end of my wait for PR. I was prepared with all sorts of documents (proof of marriage, proof of being in process with the permanent resident application, proof of financial support, proof of sponsorship approval, my CSQ, etc.). I also I mentally prepared myself for the possibility of not being let in and had a back-up plan of who I could stay with in the U.S., just in case. But I got approved for PR while on the trip, so it worked out really well...thankfully.

If you have to leave Canada, I would suggest you pay the fees before you leave Canada and take copies of the receipts, showing you have paid and have started the immigration process. I would also maybe bring some sort of proof of financial support- a letter from the mother-in-law?

I'm not sure about your other questions involving the goods you shipped, etc.

 

[isolabella]

i just filed my outland app yesterday so dealt with some of these things. would just suggest:

2. definitely submit it at the same time as your app. you can get fingerprints done in canada and then submit to FBI. write on the outside of the envelope "needed back by xx date for immigration purposes" and put a few weeks or so. i did this (i think i requested it back in 3-4 weeks) and got it back within 6 weeks.
much faster than some other folks.

6. i have been living in canada for a year to attain common law status, and in the last month, i got hired for a job in the states that i started remotely in canada, that i am continuing now that i'm back in the us waiting for my app to process. what i found out about working remotely/freelance while temporarily in canada is:

Also, about the business: depending on what you are planning to do in Canada, you may need a visa to do it legally. According to this page, in order to qualify as a "business visitor" (no visa) as opposed to a "temporary worker" (visa), you must meet these criteria:
you intend to stay for less than six months and do not plan to enter the Canadian labour market
your main place of business and source of income is located outside Canada
profits from your business will accrue outside Canada
hope this helps!

 

[dualhammers]

Thanks for the answers so far. @QCSunshine - i can't start the process and pay the fees if i want to wait for the FBI prints because my trip is next week. It is only a weekend and i will be traveling with a Canadian citizen so I suppose I just have to take my chances and hope I get back in. Most of our friends cannot attend our wedding in Canada so this trip is a big reception for us that has been in the works for months - I'd rather not cancel. I will get the prints done this week though. Can I do the PCC while I am in Canada as well? I think I need one from California and one from illinois.

 

[scylla]

You can pay the PR application fees in advance. My husband and I paid his about four months before we actually submitted his PR application.

Paying the fees in advance and carrying proof that you have paid is good evidence to have at the border (in case you run into any problems) since it demonstrates that you plan to submit the PR application in the near future.

So I second QCSunshine's advice - pay the fees now and carry evidence with you that you have paid the fees when you leave the country.

And yes - you can do the PCCs from Canada.

 

[QCSunshine]

Thanks for the answers so far. @ QCSunshine - i can't start the process and pay the fees if i want to wait for the FBI prints because my trip is next week. It is only a weekend and i will be traveling with a Canadian citizen so I suppose I just have to take my chances and hope I get back in. Most of our friends cannot attend our wedding in Canada so this trip is a big reception for us that has been in the works for months - I'd rather not cancel. I will get the prints done this week though. Can I do the PCC while I am in Canada as well? I think I need one from California and one from illinois.

We paid several months before we actually submitted the application. I would suggest you take the receipts as proof of payment when you travel, if you pay in advance.

We did not get state police checks and they were never requested (even though I have lived in several US states.) But some people do order them and submit them just in case. We decided not to because the CIC website says they are not required and will be requested if they are necessary. For IL, you have to request a form for the police check from IL and they mail it to you, then you fill it out and submit it. You can do this from Canada. I mention this because it takes time to receive the form through the mail, and there was (at least when I did it last fall) no online option to download the appropriate form.

 

[QCSunshine]

Also, you are probably doing this anyways, but getting a good number of photos at the reception with you guys and your friends and family will be helpful later when you are putting together your application. They request photos of wedding-and-engagement related receptions, etc., as part of the application.

I hope you have a wonderful celebration!

 

[dualhammers]

Thanks! This is real helpful.

So just to be clear - if I pay for the Outland process and get the receipts for the fees and have them on me at the border, should I only show them if they ask if I am planning on staying? If they see them won't they want me to stay out since it is Outland? How do I go about paying the fees and getting the reciepts without filling out the application?

The immigration Lawyer I talked to yesterday said fill out the application when we get back from the honeymoon (which is around the beginning of August so plenty of time to get the FBI prints back). When I asked about the Visa extension upon my return he said I could wait until the last week of August to submit it as my visa is up near the middle of September and I will have implied status up to six months after that while they render a verdict on the extension.

News about the goods: I have to ship them back to the states - my moving company is going to just move them out of bond to a Uhaul right across the border and leave them there. Fine for most stuff, but my livelyhood as an animator comes from my computer and my ability to practice regularly. My plan is once it hits the uhaul in the US to put it up on EBAY and sell it to one of my fiance's friends in Canada who will go get it and bring it across the border all legal like. Hopefully this works out!

EDIT: Is fd258 the correct FBI fingerprint form? I just the Canadian police to put my prints on that and send it to the FBI? i shouldn't have to worry about state PCCs alongside this?

 

[sogwap]

If you have a visitor record, when you leave Canada that visitor record becomes invalid and you are not guaranteed re-entry.

In February 2011 I was giving a visitor record for one year. This was after submitting the PR papers after being here in Canada for over one year. (not a good idea.)
I asked specifically about going back to the States and returning with the Visitor Record. The IO said yes I could as the Visitor record is good for one year. However as QCSunshine said it is not a guarantee for re-entry.

Regarding work, without a work permit it is illegal to work in Canada. Doing so can yield you an exclusion order.

 

[QCSunshine]

sowap brings up a good point- without a work permit you can't work in Canada.

Also, it took me a long time to gather all my information (and my spouse's) for the application, so if you want to submit right after the honeymoon, I would suggest you start gathering information as soon as possible and compiling your supplemental things you are submitting as proof of your relationship being genuine and ongoing. In particular that "proof" (photos, letters, boarding passes, etc, etc) and the list of addresses over the years, list of work, list every organization you have participated in, etc- these took me quite a while to compile and organize.

I printed out the fingerprint form from the FBI website, but when I got to the fingerprint center in Montreal, they had their own they used. I tried to get my prints done at a police station, but in Montreal at my local station, they would not do that. They said I had to go to an official fingerprint place, which I did.

The receipts: I would have them with you, but would not reference then until you are asked if for evidence that you are applying or something similar. I would want that as "back-up" in case there were problems and they questioned letting you in. The fact that you have already paid $$$ shows that you are pretty serious about submitting the application.

 

[dualhammers]

Thanks for all this information - we decided not to go to avoid the risk of getting denied on returning. Still trying to figure out how to get my stuff, though.