Clarifications and double checks for our submission, complicated status involved

[futuremrsn]

My husband and I are near the end of our submission, well we thought we were until we started second guessing some things. And now we have some very last minute questions that should not have been last minute. I am sorry for any confusion.

1)I am a Filipino citizen who is currently living in the US. I have no official status (green card overdue and pending, technically already in the overstay level) here so this requires that I use the IMM 3905e Checklist which is for the Phillipines, correct?

2) It asks for the original documents for my birth certificate and the Marriage certificate unless registered with the NSO. My birth certificate should have a record with the NSO because I was born there. But I am not so sure about the Marriage one seeing as we were married in California. Should we submit the original marriage certificate?

3) The medical check, we have been told this multiple times but just want a 4th and how many other opinions possible, that I will get a request to complete this when they feel it necessary and not for submission with our documents. Or should it have been with our application from the get go?

4) Do we still keep my paperwork such as my spouse questionnaire, application form and background check in a separate folder from our relationship evidence even though it is on the same checklist?

5) When paying for the submission is a prepaid credit card that you can fill with how ever much money you need okay to use? We have a credit card but it will not allow for the amount that the submission calls for.

Thank you all very much for your help in these stressful times. It has been our best way to get direct and concise answers.



:-[

 

[pedropil]

usually for spouse sponsorship, the CIC ask for the photocopy only of the marriage certificate.

Medical is only valid for one year. You might redo it again unless the one your applying for is less than a year processing times or depends what kind of application.

What type of application are you going to apply?

 

[canadianwoman]

1. CIC will probably decide to process your application through Manila, but this is not a certainty. Nevertheless, I would follow the country guide for the Philippines.
2. According to the country guide for the Philippines, you should submit the original of your birth certificate and of your marriage certificate. The guide says it wants the original if the birth took place in the Philippines; it also said it wants the original marriage certificate if the marriage took place outside of the Philippines. (I would get copies of both of these notarized in case you don't get them back, or need them before they are returned.)
3. You are supposed to submit proof that the medical check was done with the application.
4. This doesn't really matter. Keeping things in separate folders is just so things stay organized during mailing, and also to help yourselves stay organized. Whoever opens the envelope when the application arrives in Mississauga will be discarding the folders and extra envelopes.
5. I do not know about this. You could try paying with the pre-paid card. If it works, you have your answer. If it does not, sometimes you can get the bank that issued your card to allow a one-time extension of the amount you are allowed to charge.

 

[pedropil]

To be sure, apply for the Report of Marriage (ROM) in the nearest Philippine consulate near you. Once you applied for that, the Philippine consulate will transmit your ROM to the Department of Foreign Affairs (DFA) in Manila, then the DFA will transmit that to Philippine Statistics Authority (PSA) formerly NSO. After that, you get a copy of your marriage certificate in the PSA office, legally registered marriage in the philippines. It takes time to apply, mine was received by Philippine Consulate in Toronto last march 29, and i've got it in PSA two weeks ago.
you can only process that in the consulate.

You also need to submit FBI clearance certificate and NBI clearance certificate in your application.

 

[waynenorrisv2]

1. CIC will probably decide to process your application through Manila, but this is not a certainty. Nevertheless, I would follow the country guide for the Philippines.
2. According to the country guide for the Philippines, you should submit the original of your birth certificate and of your marriage certificate. The guide says it wants the original if the birth took place in the Philippines; it also said it wants the original marriage certificate if the marriage took place outside of the Philippines. (I would get copies of both of these notarized in case you don't get them back, or need them before they are returned.)

1. In the unlikely event they don't decide to process the application through Manila and did it in Ottawa would that be an issue if the checklist and documents are for the Philippines?

2. Is it a common occurrence that someone would not receive those documents back?

 

[scylla]

As a follow up to your previous thread, if you have an overstay of more than a year, be aware that you will be triggering a 10 year ban from the US as soon as you leave (whether that's to attend an interview outside of the US or to land and become a Canadian PR). Unfortunately having Canadian PR or even citizenship won't change the fact you have this ban - and you will have to wait out 10 years before you attempt to return.

 

[waynenorrisv2]

As a follow up to your previous thread, if you have an overstay of more than a year, be aware that you will be triggering a 10 year ban from the US as soon as you leave (whether that's to attend an interview outside of the US or to land and become a Canadian PR). Unfortunately having Canadian PR or even citizenship won't change the fact you have this ban - and you will have to wait out 10 years before you attempt to return.

So I did find this on a site about this ban and it may be our only loophole in this situation?

Under "Exceptions Whose Overstay Won’t Be Held Against Them"
"had a pending application for either adjustment of status (a green card), an extension of status, or a change of status"

Her and her family have had their green card application submitted and has been in pending which status has not chanced as of yet. Which I believe was sent in for processing before the overstay occurred.

 

[scylla]

So I did find this on a site about this ban and it may be our only loophole in this situation?

Under "Exceptions Whose Overstay Won’t Be Held Against Them"
"had a pending application for either adjustment of status (a green card), an extension of status, or a change of status"

Her and her family have had their green card application submitted and has been in pending which status has not chanced as of yet. Which I believe was sent in for processing before the overstay occurred.

Exception most likely no longer applies to him based on his response in his other thread.

 

[pedropil]

As a follow up to your previous thread, if you have an overstay of more than a year, be aware that you will be triggering a 10 year ban from the US as soon as you leave (whether that's to attend an interview outside of the US or to land and become a Canadian PR). Unfortunately having Canadian PR or even citizenship won't change the fact you have this ban - and you will have to wait out 10 years before you attempt to return.

Once you are settled in Canada (have a job, mortgage, a car) if your PR already or Citizen you can apply for a non immigrant 212(d)(3) waiver.
especially you have a good case, waiting for your green card and also if Hilary wins, one of her immigration plans in her first 100 days is to remove the 3 year and 10 year ban.

http://www.smartimmigrationlawyer.com/212d3-waiver/