Clarification Help Wanted - US Citizen Spousal Sponsorhip

[tom_from_sk]

Good afternoon everyone. I have recently started reading about spousal sponsorship and became very disheartened over the past few weeks when reading online articles about the significant increase in wait/processing times over the past couple years. The posted wait times from the CIC website confirmed my feelings and I was starting to get down about the process. I was able to find this site and now have some glimmer of hope for bringing my fiancé back to Canada after we get married.

Could you all please help answer a few questions and provide clarification? It would be very much appreciated. Thank you in advance!

- I live and work currently in Canada and I am a Canadian citizen (US citizen as well)
- I want to stay living and working at my current job in Canada during the process (as long as my fiancé can come live/visit with me after we get married)
- My fiancé currently lives and works in the US and will continue to do so until we get married in July of 2015 (she is a US citizen)
- My fiancé has a clean criminal record and good health
- She would like to be able to visit her family during the process (in the US) and we would like to be able to do an international trip after we are married (during the application wait times)
- My fiancé would like to be able to work and receive health care as soon as possible in Canada after getting married (I realize this won’t be right away)

From what I have gathered in all of my readings, the outland process would be much better for us as we can visit her family freely, but the wait times on the CIC website scared me a lot! (Over 28 months)

The following is what I understand we should start to work on in the next few months to ensure the process goes smooth and we can submit everything after we are married:

1) Get criminal background check (takes about 12 weeks from the FBI apparently)
2) Get a medical exam for immigration purposes (she lives in the NW USA, so I assume she has to go to the Seattle clinic, which is flying distance away for her as nothing is available in Wyoming or Montana or northern Idaho)

I have seen reports on this forum that the outland process may not take the full 41 days for step 1 and 28 months for step 2 (LA office) as reported on the CIC website.

Is this true? And if so, why is there such a discrepancy? This would alleviate a lot of worry and stress we have accumulated over the past few weeks.

What things could I do in advance of being married next summer? Any tips? I assume she can come and visit for a few months at a time (going back to the US now and then) after we are married just fine.

What kind of medical insurance will she need to obtain to cover her since she won’t be eligible for Canadian Healthcare until after the PR goes through? Does anyone have any recommended suppliers for Alberta?

Thanks again for your help.

 

[Kayaker]

You're right, Outland is the way to go.

Most straightforward applications for US citizens are sent to Ottawa, where they are recently processed in about 6 months, it seems.

Applications with issues such as criminal record, medical inadmissibility, scant relationship proof, suspected marriage of convenience are sent to LA. Also, the posted "processing time" is not an average or median. It means it took CIC that amount of time to process 80% of applications. Which means only 20% of applicants in that office waited longer than the posted time. (Why does CIC post a "processing time" that does not reflect the majority of cases? This is because they don't want people badgering them about why it's taking so long. They will not answer inquiries about why it's taking so long unless the processing time has passed.)


You can only sponsor her for PR after you are married and get a marriage certificate. (I've heard this can take a few weeks in Canada.)

FBI checks seem to be taking 12 weeks, but the document must not be more than 3 months old when it is submitted to CIC - meaning, it's too early to apply for it now, if you are only getting married in July 2015.

I live in Ontario so I don't know for sure, but I believe in Alberta she can get healthcare just by being your spouse. Check the Alberta Ministry of Health website - I'm sure they have a list of criteria and documents.

She cannot work until she gets PR. However, as US applications are currently being processed pretty fast, she might be able to work by early 2016.

She can come visit you while her PR application is processing - as long as she does not show up at the border with a U-haul or something. If they see her bringing in furniture, appliances, etc., they will not believe she is visiting, and visiting is what she can technically do. She should not say "moving". She does not have to go back to the US even if she wants to stay longer than 6 months - she can extend her stay by applying online. It costs 100$, takes about 4 weeks, and is straightforward. She just has to show proof of funds for her stay.

 

[rhcohen2014]

Welcome!

First and foremost let's clear up the processing time concern.

a) the times posted on the CIC website are misleading and do not reflect the true trend for today's processing. they are basically based on WORST case scenarios at each visa office LAST YEAR. Also, the visa office also handles applications from other countries, so it's not a true indicator of US only applications.

b) straightforward US citizen applications are processed in OTTAWA, NOT LA! The only files that get processed in LA are those requiring interviews. Interviews are generally requested because of criminality issues, relationship validity issues, non-accompanying dependant issues, and when the US applicant is not a citizen, rather there on a work visa.

c) The TOTAL processing time for current US OUTLAND applicants with straight forward cases ranges from 3-7 months, with 5-6 months being the "average". In my signature below, you will see a link to the OTTAWA visa office spreadsheet, which tracks forum member progress. As you will see, a majority of 2014 applicants have already been approved and LANDED. Of course, there's no guarantee the process won't slow slightly at OTTAWA. The "speed" of an application is based on a number of factors including the amount of applications the visa office receives at a given time. Either way, it is VERY doubtful a straightforward US applicant will take 2+ years to get approved as an OUTLAND applicant. For those "complicated" files that got sent to LA, the "trend" seems to be about 15ish months for total approval. So if you are not ready to move within the next year, then it's a good idea to hold off on getting everything together.

d) once you are married, and have PR in your sights, it will be easier for your wife to cross the border. She can cross as often as the agents will allow, and the best way to not have issue at the border is to be able to show proof of ties to the us - ie: housing and employment. Those 2 ties are the most significant in CBSA's eyes, and if you can prove you have something to go back to, and that you are working on or submitted a PR application, they will be more lenient. She can even stay in Canada for the whole processing if she chooses to, she would just not be able to work in Canada until approved as a pr. She CAN work for a US employer remotely while in canada as a visitor, and that is the best situation to be in.

e) be very careful about preparing documents TOO soon. Applicaiton forms are updated regularly, and applications ARE sent back if outdated forms are used. The police record from the FBI MUST be received by CIC with 90 days of it being issued, so it is important to time receiving it with sending in your applicaiton. Also, the medical exam has a 12 month validity. This one isn't that much of a big deal, because CIC *can* extend it if necessary, however it's something to consider when getting it done. I got my exam done 6 mo. prior to submitting my app, and i did not run into any trouble at all during my process. It doesn't matter where the exam is done, just as long as it's done by a CIC Panel physician that is on the list in the guide. She can even get it done in canada when visiting, and it's recommended to do so because it can be significantly cheaper.

 

[tom_from_sk]

Thank you so much for the help, the feedback and the warm welcome. It is a great relief to find out that most cases have “reasonable” processing times.

I have a few follow up questions if you could please spare a few more minutes?

A little more detail on our situation.
- She is a school teacher and would likely have to ‘give notice’ by this spring that she wouldn’t be teaching next year. She does not want to leave the school mid-year (Christmas time) as she does not think it would be professional. As a result, it is likely that she wouldn’t be working when we get married (next summer) and would give up her apartment. She can still use her parents address to store her stuff and “live their” as they live nearby. So she technically wouldn’t have a job, but could have an ‘address’ at her parents. She would not be looking for work in Canada until the process is complete. We are hoping she could drive back and forth through the border/accompany me during the waiting time as you noted below.

o Will we receive an email/document verifying the PR process? (Something we can show the CBSA agent as proof that we are working on it while traveling back and forth on weekends, etc.)
o Are you aware of any types of jobs in the US that you are able to work remotely for? (something she could do for the 6 month waiting time) Possibly that has been discussed in these forums before.
o That is great that she is able to the CIC Panel physician test while in Canada, that would save a trip and a lot of $.

It was mentioned that you can only apply for PR after you get married, which I understand. We are getting married in the US. Do you need a Canadian “marriage certificate” to apply or does a US marriage license work just as well?

We wouldn’t do the FBI check or the medical examination until next spring so that the documents are still good for when we apply in late summer 2015.

She would likely sell her vehicle next summer and commute back and forth with me to Canada (we are driving distance apart).

Any other advice? Or things to watch for?

Thanks again for all of your time and help. You have helped make our day much better!

 

[blueangel371115]

Hello,

First, I am a "CANAM' (Can-US) applicant and first of all, you can use a marriage certificate from the US as long as it's a legal civil/religious marriage recognized in Canada. I know a few people who have done so( myself included).

Second, when I received my sponsor approval I received an email ( my communication method of choice with my sponsor's approval letter and UCI however, at least in my case and most of us here, you are not regularly notified of updates on your file only if documents are incomplete or missing entirely and/or they need more info. I used my SA to receive a year long visitor's record but every officer and every situation is different so I realize reentry is never guaranteed.
But once your file, hits a certain stage ( I could when my hubby got his UCI) you can check your status on eCAS however, that is only updated every so often ( I saw updates twice since July) essentially it's a waiting game with little info, however, I see it as, to a point, no news is good news.

You can also apply under common-law status ( you must live together for 12 months consecutively) so don't rush into marriage thinking that's your only option to apply ( if you want to do so, great ) but you do have options.

Lastly, personally I would be very careful of doing work online. People have gotten into trouble for just babysitting. For me, the risk isn't worth it. We needed to tighten our belts but we get by. As a note, these are all my experiences and opinions, always remember that everyone's file and experiences are different so things my not happen for you the same as they did for me. But I tried to give you the best advice from my knowledge. As the folks who came before me did for me. We're all together in this process and try to help others out. I've kept my sanity thanks to many people here . Best of luck and hang in there, it's all worth it.

 

[rhcohen2014]

Working remotely is no problem at all, AS LONG AS the employer is not a canadian company. if the company is from the us or another country, there is nothing "to be careful about". In fact, if asked by CBSA, they will be a.ok hearing that someone is working for a NON canadian company. In their eyes, that shows that person is less likely to work illegally while in canada as a visitor.
Since she is a teacher, she may find some luck with teaching english online. I'm not familiar with specific sites for that. Personally, I worked as a virtual assistant on occassion, so I would do admin work for US companies remotely.

Yes, a marriage certificate from the US is valid. You do not need to get married in Canada. Canada recognizes legal marriages from all countries i believe.

The one hitch in your plan is when you suggest your wife will be commuting daily with you across the border? I'm not sure how that will fly with CBSA. Again, it's super important that she proves ties to the us, so they don't take kindly to visitors commuting to canada daily where it's obvious they are "living" there - ie: spending more time in Canada than at home where their housing and job are suppose to be. Usually when a person VISITS another country, they dont commute home for work daily. They go there and STAY there for a predetermined amount of time. So if she wants to be with you for the process in Canada, either she plans out numerous short term stays, or plans on 1 stay, applying to extend the stay if need be. People have reported issues at the border when they appear to be commuting to and from the states daily. At the same time, you may get a lenient officer who is ok with that arrangement. Unfortunately, it's never possible to predict what will happen at the border.

 

[Kayaker]

People including myself have worked online - technically, "telecommuting" is allowed. (Obviously, the employer cannot be Canadian.) However, I'd still view it as a sort of "grey zone" and proceed with caution. At the time I had a joint account in Canada with my husband, but I did not have my pay sent to me there. I had it sent to my home country. Also, the work I did was a sort of niche market thing, and it would be hard to argue that a Canadian could do the job, so I wasn't taking away any employment opportunities from Canadians. (Someone on this forum was really cautious and even blocked ads on his/her blog and youtube channel while here as a visitor.)

Yes, when you pass stage 1 (Sponsorship Approval) they will send you a letter and/or email telling you that you have been approved as a sponsor and your wife's file is being sent to the visa office.

 

[keesio]

Working remotely is no problem at all, AS LONG AS the employer is not a canadian company. if the company is from the us or another country, there is nothing "to be careful about". In fact, if asked by CBSA, they will be a.ok hearing that someone is working for a NON canadian company.

The other thing to look out for is even if it is a non-Canadian company, there can be issues if that company has Canadian clients or does business in Canada. It can be a little tricky.

 

[MizAngel]

What kind of medical insurance will she need to obtain to cover her since she won't be eligible for Canadian Healthcare until after the PR goes through? Does anyone have any recommended suppliers for Alberta?

As long as you are an Alberta resident, your wife would be eligible for Alberta Health Care as soon as you are married. It will have an end date, though, based on the stamp on her passport or visitor record when she enters. If she stays longer than 6 months she will need to apply to get it extended when she gets her next visitor record or passport stamp.

 

[tom_from_sk]

Thanks again everyone for the help! I am learning more and more with every post.

To clarify a few more things:
- my fiance and I will not be commuting daily from the US to Canada. We would probably like to go back 2-3 times to the US in the 6 month or so span of waiting for for her PR application to go through.
- Ideally we would like to go on a couple trips (Honeymoon and possibly another) while she we are waiting for her documents. We would prefer to fly out of a Canadian airport (where I live) as it has much better flight options. If she can't work for the 6 months we are waiting, we would like to do a bit of traveling while we have some flexibility.

Is it possible for her to come up with me, after the wedding (just with a suitcase or two for visiting) and get a Visitor visa for 6 months and keep the visa valid while doing the following:
- fly out of Canada overseas and come back to Canada
- make a couple trips back to the US (driving)
- possibly make a second overseas trip flying out of Canada

Would there be any issues with this if she has a valid visitor visa?

What are the implications if we were out of the country/traveling when her application was processed/finalized? Would we have to fly back immediately/cancel the trip?

I am a bit confused as to how she would be eligible for healthcare here in Canada, just because I am an Alberta resident/citizen of Canada. Does a visitor Visa make her eligible?

 

[rhcohen2014]

To clarify, since she is from the us, she is VISA EXEMPT which means she will not receive a visitor's visa when she enters canada. there is nothing wrong with the both of you traveling back and forth together or going on trips together. there is no risk to her application.

Keep in mind, each time she leaves canada, she will need to re-enter as a visitor. And each time she re-enters, it is treated as it's own visit, they are not considered 1 continuous visit. She will be allowed in Canada as long as the border agent allows EACH time she enters canada. Each time she travels, she will need to be prepared to prove her ties back to the US. Again, the most significant to CBSA are housing and employment. When she travels to canada each time, she should not look like she is bringing all of her belongings with her. She should be traveling with the "right" amount of luggage for someone wanting to travel for x amount of time. Generally, when someone has a PR application submitted, the agents are more lenient at the border. They have the ability to confirm her application status and will let her in.

No one can really predict how the border agents are going to react to your situation. It is dependant on whatever information they have in their system, and the mood of that specific officer in that moment. She is free to travel to and from canada as often as she wishes, and as long as she's prepared, tells the truth, and understands she is a VISITOR, she will be fine.

 

[MizAngel]

Thanks again everyone for the help! I am learning more and more with every post.

To clarify a few more things:
- my fiance and I will not be commuting daily from the US to Canada. We would probably like to go back 2-3 times to the US in the 6 month or so span of waiting for for her PR application to go through.
- Ideally we would like to go on a couple trips (Honeymoon and possibly another) while she we are waiting for her documents. We would prefer to fly out of a Canadian airport (where I live) as it has much better flight options. If she can't work for the 6 months we are waiting, we would like to do a bit of traveling while we have some flexibility.

Is it possible for her to come up with me, after the wedding (just with a suitcase or two for visiting) and get a Visitor visa for 6 months and keep the visa valid while doing the following:
- fly out of Canada overseas and come back to Canada
- make a couple trips back to the US (driving)
- possibly make a second overseas trip flying out of Canada

Would there be any issues with this if she has a valid visitor visa?

What are the implications if we were out of the country/traveling when her application was processed/finalized? Would we have to fly back immediately/cancel the trip?

I am a bit confused as to how she would be eligible for healthcare here in Canada, just because I am an Alberta resident/citizen of Canada. Does a visitor Visa make her eligible?

She is considered your dependent and therefore is eligible for Alberta Health Care. When my husband came to Canada as a visitor while we were waiting to file his PR application, he applied for AHCIP as my dependent and was automatically granted it for his full 6 month visit.

 

[tom_from_sk]

Thank you everyone for your help! I have a lot of information to work with thanks to your replies.

Two last questions for now, in case anyone has some suggestions:

Should my fiance change her name immediately after we are married on all documents? And then we go ahead and apply for PR? Or should we apply for PR and then change her name after she receives PR in Canada? What are the pro's and con's?

Also... for her medical exam, it looks like it is feasible to do it in Canada. I live in Alberta and was wondering if anyone has experience with any of the doctors that offer this service in Calgary?

Thanks again to all those willing to help out.

 

[rhcohen2014]

it is far easier to change a name BEFORE sending in the application. The name on the approval paper MUST match the name in the passport used. If she uses a maiden name for the application, and does not change it before the visa office requests a copy of her passport to issue her visa, then she will need to wait until AFTER receiving her first PR card to change her name legally.

 

[keesio]

Should my fiance change her name immediately after we are married on all documents? And then we go ahead and apply for PR? Or should we apply for PR and then change her name after she receives PR in Canada? What are the pro's and con's?

Another option is to change her name after sending in the application and then updating CIC of the name change while the application is in progress. My wife did this and it was no problem. But as rhcohen2014 said, you have to inform CIC before they issue her landing document. CIC will usually ask for another copy of her passport right before they print the landing document because they know that many women update their passports with their married name after they send in the application. And the passport is the main document. Whatever name is on the passport is the name CIC will issue the landing document for.