Canadian Husband in US

[mel406]

Here goes....

I'm looking for resources for help on when to file for PR in Canada. Right now, my husband and I are in the process of selling our home in the US and moving to Canada in the beginning of March. He's a naturalized citizen of the US, but still has Canadian citizenship. We've been married for almost 17 years.

We're both feeling a bit overwhelmed because the house sold a lot faster than we were expecting, so we're really unsure where/when to start the process for me to be legal in Canada. Is it easier to get an attorney, or is the process something that can be fairly straightforward for individuals?

Any and all help is greatly appreciated. Thanks

 

[Miraclejj]

Here goes....

I'm looking for resources for help on when to file for PR in Canada. Right now, my husband and I are in the process of selling our home in the US and moving to Canada in the beginning of March. He's a naturalized citizen of the US, but still has Canadian citizenship. We've been married for almost 17 years.

We're both feeling a bit overwhelmed because the house sold a lot faster than we were expecting, so we're really unsure where/when to start the process for me to be legal in Canada. Is it easier to get an attorney, or is the process something that can be fairly straightforward for individuals?

Any and all help is greatly appreciated. Thanks

Are you planning to visit US frequently? If yes, an outland application is the right option for you, and you can file it either in Canada or while you guys are still in US. Otherwise, you can file an inland application, when you are physically in Canada. As a US citizen, you can move to Canada when ever you are ready as a visitor, that means your husband needs to take your house full stuff move back to Canada alone, and you can follow suit a day or two separate with few suit cases (A Visitor, remember?) With an outland application, you have to extend your Visitor status through out the whole process, if you want to keep living there. With an Inland Application, after you file it with a OWP Application(Open Work Permit), technically speaking, you gain the implied status, which it will allow you to be legally stay and work in Canada till your case is decided. But the safe bet is to extend your visitor status, if it deemed necessary, till the OWP is approved (Take approx. 3-4 months)

As far as the application goes, it is pretty straight forward. But it really depends on your paper handle skills. I, for one, had no problems to understand and fill out all of the forms, but I really sucked in handling paper works, so instead of messing around those important documents, I hired a lawyer to do that for me. You still need to fill out all forms as drafts and prepare all the supporting documents, but the lawyer will serve as an extra pair of eyes to let you know what you miss or what is more you need to prepare for. And for a straight forward case, the fee is usually about $3-4 grands.

As a US applicant and with 17 years of marriage in hand, I think your application won't have any problems to be approved, unless you have prior charges. And usually, the whole process will take around 6 months from end to end, it could be faster or it could be slower than that.

 

[mel406]

Are you planning to visit US frequently? If yes, an outland application is the right option for you, and you can file it either in Canada or while you guys are still in US. Otherwise, you can file an inland application, when you are physically in Canada. As a US citizen, you can move to Canada when ever you are ready as a visitor, that means your husband needs to take your house full stuff move back to Canada alone, and you can follow suit a day or two separate with few suit cases (A Visitor, remember?) With an outland application, you have to extend your Visitor status through out the whole process, if you want to keep living there. With an Inland Application, after you file it with a OWP Application(Open Work Permit), technically speaking, you gain the implied status, which it will allow you to be legally stay and work in Canada till your case is decided. But the safe bet is to extend your visitor status, if it deemed necessary, till the OWP is approved (Take approx. 3-4 months)

As far as the application goes, it is pretty straight forward. But it really depends on your paper handle skills. I, for one, had no problems to understand and fill out all of the forms, but I really sucked in handling paper works, so instead of messing around those important documents, I hired a lawyer to do that for me. You still need to fill out all forms as drafts and prepare all the supporting documents, but the lawyer will serve as an extra pair of eyes to let you know what you miss or what is more you need to prepare for. And for a straight forward case, the fee is usually about $3-4 grands.

As a US applicant and with 17 years of marriage in hand, I think your application won't have any problems to be approved, unless you have prior charges. And usually, the whole process will take around 6 months from end to end, it could be faster or it could be slower than that.

Thank you so much for your reply!

Depends on what you mean by "frequently"--I'd imagine we'd probably travel back 3-4 times a year. Since it looks like we're going to be moving sooner than later, I'm guessing we'll end up having to go the Inland route?

I have no criminal charges, so I'm not worried about that.

How soon would you say it would be, after we've filed the initial paperwork, that I'll be able to get a job?

 

[Miraclejj]

Thank you so much for your reply!

Depends on what you mean by "frequently"--I'd imagine we'd probably travel back 3-4 times a year. Since it looks like we're going to be moving sooner than later, I'm guessing we'll end up having to go the Inland route?

I have no criminal charges, so I'm not worried about that.

How soon would you say it would be, after we've filed the initial paperwork, that I'll be able to get a job?

TBH, there isn't a clear cut on how often the Canadian border patrol defines "frequently". But I think 3-4 times a year should be fine (Although there is still a risk that the Canadian Border Patrol may refuse your entry, then your inland application will be denied), and keep this in mind that to limit each visit in a week range or two, because one of the requirements for filing Inland application is the applicant shall be physically in Canada through the entire process. If you leave Canada for too long (Again, no clear cut on how long is too long, the conventional wisdom on this is don't stay abroad over two weeks, the shorter the better), CIC may see you to abandon your inland application.

The current time frame for OWP approval is about 3-4 months, so it maybe about 3-4 months after you file your inland application along with OWP application, that you will be able to work, if you can land yourself a job.