Cdn citizen moving back to Canada with American wife and new child born in US

[ts.wiebe]

Hello:

I realize this is a bit of a complicated situation, but I'm rather confused, and if anyone out there is able to help me out with any part of this I would be immensely appreciative. I moved to the US and got married to my American wife last July. We're planning to move back to Canada in September if at all possible. We're expecting a baby in mid-July of this year. From the processing times, I can see that my processing time for assessment as a sponsor will go a lot faster if my wife is not in Canada (62 days vs. 17 months). So my questions are:

1. Am I allowed to complete this part of the process outside Canada, then move us to Canada in September, then apply for the assessment of my wife? Can she still come into Canada before she has been assessed? What would be the best way to work all of this out?

2. Can I do anything preemptive to submit paperwork for the child we're expecting, or do I have to wait until he's actually born?

Again, any advice at all that's remotely related is immensely appreciated.

 

[Ponga]

Forget about submitting an Inland application. The processing time for both stages is currently at ~ 2 years. You should strongly consider the Outland application (which can be submitted even if the applicant is in Canada, or plans to come to Canada (as a visitor)), during the process.

You need to submit everything at the same time (Sponsor's application and related documents, Application for PR and related documents, proof of your relationship/evidence). The fee is $1040 ($75- sponsor fee + $475- application fee + $490 Right of Permanent Resident fee).

Most Americans complete the entire Outland process (sponsor approval and PR approval) in 8-10 months, contrary to what the CIC website is showing. This is because an American applicant is usually processed through the Ottawa visa office. Only those applicants with potential `red flags', have their application processed in LA.


Since your wife is in her third trimester, she would not be able to have the required chest x-ray as part of her immigration medical. You can either submit the application without the medical (not advised), or wait until your child is born to apply. Waiting, would eliminate the possibility of getting what is known as a Conditional PR, which is issued to couples that have been together (married, common-law, etc.) for less than 2 years on the day that the application is received by CIC. However, if the couple has a child together, that is born before the application is received, the condition doesn't apply.

Condition 51 is a non-issue for a genuine couple anyway, since all it means is that the couple must continue to live together for 2 years after becoming a PR.

Good luck!

 

[Ravcat]

I would assume since you are a Canadian you can sponsor her, and her application would be outland anyways, naturally.

If she is to go to Canada, before PR is done/started, you must do so as if she was VISITING not moving. AKA a suitcase and few things. If border suspects she is moving with you, because you are her husband etc...will be problems. She has to have REASONS to go back to USA, a job, house, etc...and PROOF of that.

From what I have read, when you have a child mid-PR-application when the child is born you send that to the VO office to inform them of the birth and information regarding (there are forms for DEPENDENTS)...I dont think there is anything you can do preemptively.

In her application she can state that yall are pregnant and stuff, proof of relationship type thing. Just because yall are married, and have a kid, does not mean you skip proof of relationship, phone logs, pictures, etc...we even went and had a few relatives and friends write letters explaining our relationship and such. Leave no stone unturned.

I would include in application, receipts from stuff purchased for the baby, friends sending cards congratulating, baby shower, etc (that might be over the top or too much, I am not sure.) It would just make the scenario more easy for the people processing the case to see/understand/believe...

Read and re-read the application forms, and if specific questions come here and ask, theres lots of information here in the forms and people are super friendly and will help ya if they can!

 

[ts.wiebe]

Thank you very much!

If we do wait, would there be any reason I would not be able to move my wife and child to Canada in September, as we're waiting for her to get permanent residency? Would she be able to be in Canada as a visitor while she waits? As she's going to be with the baby full-time for the first while, we're not worried about getting her employment eligible right away, I just want to make sure she can legally be in Canada.

 

[Ponga]

I would assume since you are a Canadian you can sponsor her, and her application would be outland anyways, naturally.

The sponsor has the option of bringing his wife and child to Canada and then applying with Inland sponsorship, which is NOT recommended.

You do explain the `visiting' versus moving details quite well, however if they have proof that an Outland application has been submitted and she is seeking entry into Canada (as a visitor) to wait for the PR application to be processed...it's usually a pretty easy sell.

 

[Ponga]

This would be a good thread to follow/ask questions:
http://www.canadavisa.com/canada-immigration-discussion-board/us-outland-applicants-thread-t106068.4050.html

 

[ts.wiebe]

Thanks again.

Ponga, would you not recommend the inland option solely because of the processing time? It would be nice to get the process completed as quickly as possible, but our first priority would be making sure that we can get all 3 of us across the border without any difficulties, even if it takes some time to get permanent residency on the other side.

Ravcat, if we submitted an outland applicaiton and tried to cross the border while waiting on it, will they likely turn us away if they get the drift that for all intents and purposes she is moving to Canada, even if she plans to touch base back in the US, and has a US address? Or are they just concerned that she does have a US address?

Basically my concern is what will happen at the border if they have full knowledge of our situation, and what approach (inland later/outland after the baby/other), if any, will allow us to cross in September without having to try to convince them that my wife and child are only "visiting" for a short term. Or is this impossible without actually having the entire process completed before returning to Canada?

 

[Ponga]

Thanks again.

Ponga, would you not recommend the inland option solely because of the processing time? It would be nice to get the process completed as quickly as possible, but our first priority would be making sure that we can get all 3 of us across the border without any difficulties, even if it takes some time to get permanent residency on the other side.

There's really no reason for an American to apply Inland UNLESS s/he needs to be able to work in Canada and doesn't really care how long the process takes to complete. An Inland applicant can now get a work permit (Open Work Permit) that allows them to work almost anywhere, in ~ 4 months after the Inland application has been received. However...and inland applicant is strongly cautioned not to leave Canada while the PR application is being processed, because if they are refused re-entry into Canada, it could jeopardize the entire application.

Ask around on the Outland thread that I provided, but you'll soon see that many people have been successful with an Outland application while being IN Canada.

 

[Ponga]

Ravcat, if we submitted an outland applicaiton and tried to cross the border while waiting on it, will they likely turn us away if they get the drift that for all intents and purposes she is moving to Canada, even if she plans to touch base back in the US, and has a US address? Or are they just concerned that she does have a US address?

Not at all:
http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

CIC is well aware of people in her position (Dual Intent). She just cannot declare that she is `moving' to Canada; only seeking entry (and to remain) as a visitor.

 

[tabarnouche]

I think a lot of people have been in a similar position. In my case, once the application had been submitted and the application fees had been paid, the border agents were far more understanding of my wishing to stay in Canada (as a visitor) with my wife while my application was being processed. They gave me a 6 month visitor pass which was extended a year. Could be trickier with a pregnant wife, I'd expect they would want to see medical coverage of some sort.

 

[Pakster84]

I'm also going to suggest you apply for outland. The whole process took about 8months for outland spousal sponsorship for me (american, my husband canadian). If you don't have all of the paper work prepared by your intended leaving date for canada you could always pay for the application ahead of time so you'll have the receipt available to show immigration officers. I would also still bring evidence showing your wife's ties to the US. As the officers want to make sure that even though you have applied/or have the intentions of applying your wife is still considered a "visitor."

 

[Amalthea]

There are tons and tons of us Americans (and others!) who have applied Outland from within Canada, or have moved to Canada during the process (but at the border, to the guard, you only say you're visiting!).

It's much faster, overall. They will regularly extend visitor visas on the grounds that you have a PR application in process, if her 6 mos visitor visa were to get close to expiring. So no need to worry about that!

In your application, you also need to have sufficient proof of your intent to re-establish in Canada. E-mails to realtors, job searches or job offers, etc.

 

[canuck_in_uk]

We're planning to move back to Canada in September if at all possible. We're expecting a baby in mid-July of this year.

Being born in the US, your child will not have proof of Canadian citizenship; without such proof, the child may be denied provincial healthcare. To prevent this, once the child is born, you need to apply for a Certificate of Citizenship. It takes around 6 months or more to get the certificate but once you've applied for it, you can then immediately apply for a limited validity Canadian passport which will be processed within a few weeks.

Also, depending on your province, there may be a wait period of up to 3 months before the baby (and you) qualifies for healthcare. Health insurance you purchase is really only emergency coverage and doesn't cover things like doctor's visits and checkups. You would need to pay out of pocket for any of that. Something to really keep in mind when moving with a few months old baby.


I definitely also recommend applying outland from the US as soon as you can get the app together. Your wife can then enter as a visitor while the app processes. It is up to you and your wife whether to have the chest X-ray done for the medical; it is generally very safe to do it with a lead apron over the belly but it is your decision. If you do decide to put off the X-ray until after the birth, DON'T PUT OFF the rest of the medical. The doctor will complete all of the other tests, give her an X-ray deferral form for after the birth and inform CIC of the pregnancy in the medical report.

 

[Celandrius]

My outland application (me American, my husband(sponsor) Canadian) took a bit over 9 months start to finish. I simply had a friend who goes back and forth to the states (she immigrated years ago) and I had my belongings shipped to her relative and she brought them to me. At the border (or where you fly to, whatever) you let them know that she's visiting. They normally give a 6 month stay (which you can extend online a day or two before it expires and she can stay until you hear back about the extension) I literally was here in Canada through the entire process and only had to extend once. It's honestly pretty simple. It'd be even easier in your case since your baby will be Canadian by birth, since you are a Canadian Citizen.
I wish you luck, you'll find tons of help on this site, and everyone is willing to answer any question you have.

 

[ts.wiebe]

Thank you all very much for all the great info!