Buffalo

[annabruce]

Anna and I are now, finally, at the stage where we have everything we need to submit her perm. res/sponsorship application. Couple of questions:

IMM 5406, Additional Family Information, Section A.
Does she put my name in there as her spouse (sponsor), or is the spouse section intended for a preexisting spouse. In other words, is the purpose of that section for her to sign that she is not ALREADY married. It is a bit confusing, but I think it is intended for a former spouse, or common law partner, in which case my name shouldn't be listed. Am I right?

I was always of the impression that for those people who are submitting the app to Buffalo one must have legal status in the USA in case there is an interview required. However, I see now that some people legally in Canada as temporary residents have the option to submit an outland application to Buffalo. Where do these people attend their interview? Canada?

Here's the issue: My wife, a Russian citizen, is in the USA. She just finished her degree and will maintain her status in the USA by working ( optional practical training ). However, we would rather skip the work and bring her to Canada immediately (She already as a temp. res. visa for Canada) If she leaves the USA, stays out of the USA for 90 days, she forfeits her work status in the USA and loses the ability to reenter the USA without a new visa. In other words, if she leaves the USA, stays in Canada for more than 90 day, she can't return to the USA to attend an immigration interview. Can she do her interview in Canada?

Thanks for your help.

 

[iarblue]

If you are applying outland Buffalo the interview will be in Buffalo.
The spouse is you
If she comes to Canada and is applying throught the US she has to keep her status there.ANd she is only a temp in Canada and if that runs out she needs to get an extension or leave here so tell her not to be out of status.
She will have to return to the US to keep her status there.
And please check further(she is not a US citizen but Russian just on a US visa when she applies the app may go to moscow)the visa office reponsible for her country of residence.And if an interview is required there then she will have to do the interview there.
Make sure you research this before you get yourself stuck.
Cause just because she is in the US under a work permit doesnt give her residency in the US

 

[annabruce]

Thanks.

Actually, in her case she can apply to Buffalo since she entered the USA several years ago on an R1 ( religious visa ). The R1 visa gave her an initial 3 years in the USA and she has maintained herself in good status since then. She is therefore allowed to apply to Buffalo. However, yes, she does have to be very careful to maintain her status in the USA. Actually, this helps us in a way, since it is very easy to prove that she will leave Canada and return to the USA after her visit. So, she'll come to Canada, apply for an extension to her visa, and then return to the USA in less than 90 days, unless the interview is waived.

Yes, her alternative is to apply to Moscow, however, we would rather keep her in North America while her application is processed. Much easier to visit each other.

 

[iarblue]

Lol yes so yes just keep her US status and apply through buffalo she has a visa for Canada already so just make sure you maintain that too,best of luck and god bless

 

[kolibri]

Just FYI: it's pretty easy to get a student visa in USA (at least it was for me..), if something happened (I hope you'll be OK and she won't need it), she can apply for any program at any community college. Just to play safe - get some information now and let she talk with an international student advisor about the requirements.

 

[annabruce]

Thanks, iarblue.

A word of warning to other students in the USA, applying to Canada for immigration, who want to use this approach of visiting your spouse in Canada.

Be very very careful that your original entry visa to the USA has not expired. If it has expired, check to see if you qualify under the automatic revalidation option. In many cases, you will. However, you MUST reenter the USA in 30 days. If you are travelling while on OPT status, you need your EAD card, and you can't be underemployed ( less than 20 hours/week ) for more than 90 days in a one year period.

If your visa hasn't expired, I think you have 5 months ( not sure about this. )

I will be telling my wife that she is limited to three 30 day visits to Canada until the immigration interview is waived. Even after the interview is waived she is taking a risk because they can always change their mind and request an interview again.

 

[annabruce]

Thanks, kolibri.

The only limitation would be money. You have to show a lot of cash to get an F1 visa. However, with my income, and her existing sponsor in the USA, she likely could get another visa. I have read that it is quite a bit more difficult when you are doing the optional practical training, since many use this employment to get permanent residence in the USA.

 

[kolibri]

Yes, I know, I was trying to get myself without success though - thus I'm here I went to the college in us, then took another program at the same college, then a year of opt, then enrolled to other for masters degree which didn't finish because of relocaton. During all those years I was trying to get a residence in the us, but unfortunately wasn't lucky one...
GOOD LUCK TO YOU, guys- udachi!!!

 

[annabruce]

I'm sorry things didn't work in the USA, but now you have found love in Canada. Unfortunately, because of your past in the USA, immigration now doubts you a little. I'm quite certain that this is why they want to interview you. Hope they won't doubt Anna for the same reason.

Good luck to you too.

 

[kolibri]

Thanks annabruce
the only thing that it's me sponsoring my husband who I met in the US, we just recently got married in Canada (he is a visitor here and just got an extension for another half a year) and he is going to have an interview not me (I came as a skilled worker here last year). But our case is totally different - unfortunately too many red flags, but our relationships are genious, so hope we'll be fine
say HI to Anna (peredavaj privet - if you speak Russian )

 

[kolibri]

Btw: I landed in July, but actually came to live in Canada in October, but was going back and forth several times - I was driving from Michigan to Windsor to settle down some stuff - not the nicest experience I should tell... Too many questions on the border, even too personal. I believe you should drive to see her, avoid her coming to Canada if possible. The first time I went I spent almost 2 hours On the border -coming back-just because the junior officer didn't know the laws and had to contact seniors ( if you come to the US as a visitor and change your status(student) inside the country and didn't go back to your native country while you are studing you CAN go to Canada and I believe also Mexico for the short period, but have to have all the documents from the school prepared for this trip (an official letter, I 20 form).

 

[BeShoo]

If you are applying outland Buffalo the interview will be in Buffalo.

The interview will be in the U.S., so she must have status there, but there are 4 or 5 "preferred interview locations" on the form and Buffalo is not one of them. I'm not sure that they actually do interviews in Buffalo.

 

[journeyman]

Yes, in Part 3: Country Specific Instructions (IMM3910 E) there is a page entitled CHOICE OF INTERVIEW LOCATION

The choices are:

- No Preference
- Seattle, Washington
- Detroit, Michigan
- Los Angeles, California
- New York, New York

We submitted this page as part of our package.

I also don't think Buffalo does interviews. I think checking No Preference here means you could be interviewed at any of the other 4 locations.

 

[BeShoo]

Right. They actually could interview you in any of those places regardless, if your preferred location is too booked up.