CEC or Spousal for U.S. citizen?

[philharmonic]

Hi Everyone,

This is an excellent resource. So happy I found it.

My wife and I have been married for two years, living in a house we bought together in Canada. She is a U.S. citizen, living and studying in Canada since 1999, she graduated from two Canadian Universities and has a Masters degree, as well as working professionally here since 2007. We are awaiting our first child very soon and are finally deciding on a permanent immigration path for her and have spoken to lawyers, but have got conflicting information.

Should we pursue CEC (Canadian Experience Class) or Spousal sponsorship? Pros and cons would be great. Some lawyers say do CEC because she is very qualified, some say do Spousal because it's virtually guaranteed in our case, as I am a Canadian citizen.

What are the wait times like for Americans applying inland? She has a NAFTA work visa right now that expires in mid 2016, but she's never had any issues renewing it. Is it possible for her to continue to work and for us to do the spousal sponsorship?

I realize this might be a niche case, so any help or advice would be highly appreciated.

Thank you.

 

[andrew-brit]

Hi Everyone,

This is an excellent resource. So happy I found it.

My wife and I have been married for two years, living in a house we bought together. She is a U.S. citizen, living and studying in Canada since 1999, she graduated from two Canadian Universities and has a Masters degree, as well as working professionally here since 2007. We are awaiting our first child very soon and are finally deciding on a permanent immigration path for her and have spoken to lawyers, but have got conflicting information.

Should we pursue CEC (Canadian Experience Class) or Spousal sponsorship? Pros and cons would be great. Some lawyers say do CEC because she is very qualified, some say do Spousal because it's virtually guaranteed in our case, as I am a Canadian citizen.

What are the wait times like for Americans applying inland? She has a NAFTA work visa right now that expires in mid 2016, but she's never had any issues renewing it. Is it possible for her to continue to work and for us to do the spousal sponsorship?

I realize this might be a niche case, so any help or advice would be highly appreciated.

Thank you.

Apply Outland. You are both living in Canada correct? It does not matter if you apply outland and your wife lives in Canada. CIC actually recommends you to apply outland as it is faster than inland.

Yes, if you apply for sponsorship it will have no bearing on your wife's NAFTA work visa.

The timeline for U.S. outland applications is about 6 months in total, from applying to decision made.

I cannot give pros and cons as I am not that familiar with CEC, sorry.

 

[rhcohen2014]

i can't speak to CEC.

As for spousal, since she is a US citizen, there is absolutely NO reason for her to apply inland. inland is taking about 2 years for total processing. She should be applying outland if you choose to sponsor her for family class. She can be IN canada on a work visa or as a visitor during her processing, as well as use a canadian address for communication with CIC. Currently, it's taking about 6 months or less for US citizens with "straightforward" cases to be approved. Outland US applications are processed in Ottawa. She doesn't have to leave canada to "land", she can simply drive to the US border and "flagpole", which means she gets turned around and re-enters canada. If she is on a work visa that is still valid, she can continue to work, no problem.

 

[Ponga]

I strongly suggest an OUTLAND spousal sponsorship application, which can be submitted while she is IN Canada.

Most American's (with straightforward applications, meaning no `red flags' regarding relationship evidence, or criminal inadmissibility issues) are being approved in ~ 6 months! American applications are processed entirely in Canada for most applicants (CPC-Ottawa), so don't let the processing times of the LA visa office scare you!

Good luck!

 

[philharmonic]

This is amazing. Thanks for all the replies!

The timeline for U.S. outland applications is about 6 months in total, from applying to decision made.

This includes the sponsor's (my) application approval time?

 

[andrew-brit]

This is amazing. Thanks for all the replies!

This includes the sponsor's (my) application approval time?

Yes, for straight forward cases.

 

[philharmonic]

Are people using lawyers, or going on their own in "straightforward cases"?

Are there recommended practitioners for this task?

Again, thanks for the help!

 

[andrew-brit]

Some people use lawyers but really for simple cases there is no need. This forum has all the knowledge you would need in order to prepare your application.

 

[rhcohen2014]

Some people use lawyers but really for simple cases there is no need. This forum has all the knowledge you would need in order to prepare your application.

agreed. there are also a lot of lawyers who give bad advice and don't know what they are doing when it comes to spousal sponsorship, even when it's their "specialty". you will certainly find better and more accurate info here!

 

[philharmonic]

Thank you all once again.

Just so I'm clear about what "outland" means. I'm to follow the IMM 3910 guide, correct?

Also, will my wife be allowed to travel to the U.S. while the application is pending?

 

[andrew-brit]

This is the starting point for outland applications.

On that page:
The part labeled Part 1: Sponsorship forms is completed by the sponsor (you).
The part labeled Part 2: Immigration forms is completed by your wife
The part labeled Part 3: Information guides is used in conjunction with part 2. You need to use the country specific guide which covers USA which is here

Note that not all forms are required.

For example as you are married you would not need the Statutory Declaration of Common-Law Union [IMM 5409] form. The guides will tell you what you need to include.

And with regards to your question, yes your wife can be in Canada during processing. When your wife enters Canada do not say that you are coming to Canada to "live" or "stay" but that she is "visiting". Generally CBSA would stamp her passport for 6 months. If they do not stamp it then 6 months is implied. You can extend your wife's stay once the 6 months is nearly up.

 

[yvr1234]

"We are awaiting our first child very soon and are finally deciding on a permanent immigration path for her and have spoken to lawyers, but have got conflicting information."

Is your wife expecting now? If so, she may have to wait till your child is born to get her medical done.

 

[philharmonic]

Hi Everyone,

Just to update, our baby is now almost two months old, and we are ready to proceed with an outland application. I'm just bumping this thread for any last minute advice. To summarize:

I'm a naturalized (2001) Canadian Citizen
Wife is a US born US Citizen, working in Canada on a NAFTA Visa
We have a baby and a house together

The recommendation is still for us to do an outland application, correct?

Wife is afraid of doing this on our own and is suggestion legal help, but I'm confident we can all of this ourselves, given the rather uncomplicated nature of her immigration. You all would agree? ;D

Thanks again. So glad I found this resource!

 

[rhcohen2014]

The recommendation is still for us to do an outland application, correct?

yes

Wife is afraid of doing this on our own and is suggestion legal help, but I'm confident we can all of this ourselves, given the rather uncomplicated nature of her immigration. You all would agree? ;D

Thanks again. So glad I found this resource!

it's not necessary to get an attorney unless you feel like throwing money out the window and risk being told wrong information. if you have a straightforward case (no criminal or dependant issues), then there's no reason at all you can't do it yourself.

 

[Ponga]

Hi Everyone,

Just to update, our baby is now almost two months old, and we are ready to proceed with an outland application. I'm just bumping this thread for any last minute advice. To summarize:

I'm a naturalized (2001) Canadian Citizen
Wife is a US born US Citizen, working in Canada on a NAFTA Visa
We have a baby and a house together

The recommendation is still for us to do an outland application, correct?

Wife is afraid of doing this on our own and is suggestion legal help, but I'm confident we can all of this ourselves, given the rather uncomplicated nature of her immigration. You all would agree? ;D

Thanks again. So glad I found this resource!

Absolutely!