Couple of questions regarding our situation

[LindtChocolate]

Hi guys. First of all, I'm very appreciative for websites like these and the helpful people that are on this forum.
I have been reading the Canadavisa forum for few months now and decided to create an account to ask some questions after a long duration of unsuccessful search.

My husband and I have been together for about 1.4 years now. My husband is a Korean citizen and was entered into US (legally) with his parents when he was about 12 years old. Fast forward to 2012, for some odd reason, his parents' permanent residence application was denied. My husband was a beneficiary of this application (since he was under the age of 18) and when his parents' application was denied, my husband was no longer able to stay in US legally. Prior to the denial of his US PR, we already began talking about the topic of marriage.

Another thing to make a note of our case is that my husband has a criminal history from when he was a juvenile (16 at the time) of selling illegal narcotics on school campus (Please note that this conviction has not led to the denial of his parents' PR application). He successfully finished his probation (No jail time) and sealed his record.

Fast forward to 2013, he is currently in Canada on visitor's status. We are planning on filing our application with Outland. My husband just received a FBI clearance and it seems that his record is clean. But we both agreed that it's best to be as honest as possible on our application, so we are including his criminal conviction from when he was a juvenile.

My questions regarding our case is;

1. Will his criminal record effect our case in any way? (Juvenile conviction; he was convicted but his charges were dropped and sealed after the completion of his probation)

2. My husband's denial of PR in US; The timing of the denial of his PR in US does not seem to look good on our case. The US PR application was denied in 2012 and we got married in Canada in 2013 (but we've known each other and planned for our wedding prior to the denial of his PR). I'm worried that this is what is going to screw our case. We already spoke of getting married in Canada because all my family and relatives are situated in Canada.

3. Since we are filing an Outland application, how long is the usual process (He's a Korean citizen)? If our application were to be denied and we filed for appeal, how long will that take?

4. If an officer decides to call for an interview, does that mean they had already denied the application?

Thanks so much for taking your time to read over my post. And I apologize if something like this has been posted in the past.

 

[Sweden]

Hey, and welcome!

1 - if his criminal record is clean, and the charges were dropped, I don't think it would affect your case - but I'm not completely sure, so maybe somebody else will comment on that.

2 - timing indeed is not ideal, but you were in a relationship before, and you should just document very well your relationship, if you have any proof that you discuss getting married, and when ( email, chat etc), then include that. Be as thorough as possible on the development of your relationship. As he is Korean, he doesn't come from a country where there is a high number of frauds, so with a lot of proofs, it should still be fine. Also - make sure that you have pictures of the wedding with family etc. Get letters from your family about him - go the extra length.

3 - how long? very good question! so : outland first stage is currently 55 days, but a lot of people get done faster (20 to 25 days). After Mississauga is done, the application will be sent to Seoul Visa OFfice. Current waiting time is 10 months. (see here http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp) but quite a few people get done before. So you might be done much faster (some members have been done in Seoul in 3 or 4 months, so make sure your application is complete, with all the proofs, and it might go much faster). AS you're filing outland, there is no implied status, so make sure that your husband extends his visitor visa if necessary ( add the fee receipt or the first stage approval when you ask for an extension and it should be granted).

Appeal depends on where in Canada you are, some offices are busier than others, but it's a long process - at least 1 year.

4 - no: an interview is to verify if the relationship is genuine or not. Some officers are convinced and issue the PR the same day, in some cases applicants have to wait more... If the application is rejected after an interview, then you would know pretty quickly 91 or 2 weeks after the interview). As you are doing outland, the interview would be done in Seoul.

Good luck for your application,
Sweden

 

[BCgirl2012]

I think Seoul is closing and soon files will be processed in Manilla. I'm not sure about the transfer schedule- you might want to check on that.

 

[Sweden]

Indeed - according to Manilla website here http://www.cic.gc.ca/english/information/offices/missions/manila.asp it is in charge of Korean applicants as well.
So Manilla is 12 months - that's the time it takes to process 80% of the applications, but you might be lucky and get processed much faster.
Sweden

 

[LindtChocolate]

Thank you all so much for your kind words and guidance. I'm just hoping that the timing of his US PR denial isn't going to interfere with anything..

 

[Sweden]

Thank you all so much for your kind words and guidance. I'm just hoping that the timing of his US PR denial isn't going to interfere with anything..

Some people are able to sponsor their spouse who have been illegal in the US for years... and it's not the case of your husband. He left the US and was not illegal ( from what I understand), and it doesn't look like you married just after meeting him. If you have proofs of your relationship from the beginning, pictures of your wedding (with family etc), then you should be fine - just make sure that you include a lot of proofs to show that your relationship is genuine, and the VO will see it.
Good luck,
Sweden

 

[Rob_TO]

I assume even though he was most recently a US resident, he can not submit an application through the US, or return there, since he is no longer legal there.

That being said, processing the application through Seoul/Manila will be very risky. I assume your husband has not done his Korean military service since he has been living in the USA since he was 12? If he ever returns to Korea as a Korean citizen, and he is over a certain age and has not done his military service, there is a strong chance he could be instantly arrested and/or forced to spend his time in the military there (i believe it's 1-2 years).

So if you apply outland, even thought the processing centre is in Manila he would need to get certain documents mandatory for Korean PR applications:
• Family Relation Certificate and one certified true translation into French or English of your Family
Relation Certificate. This document should have been recently issued.
• Marriage Relation Certificate and one certified true translation into French or English
• Old (deleted) Family Census Register and one certified true translation into French or English

I'm not sure if these can be requested via international mail, or if you need someone like a family member in Korea to get them for you. Also if you are ever requested to do an interview it would most likely be in Seoul. And again not sure if him going to Korea would pose a risk. I'm not sure if they could do interview in Manila for him.

Depending on how easy it is to get the Korean documents, and if it poses a risk for him to travel to Korea and possibly be conscripted to the army... you may want to seriously look at an inland application.

 

[LindtChocolate]

I assume even though he was most recently a US resident, he can not submit an application through the US, or return there, since he is no longer legal there.

That being said, processing the application through Seoul/Manila will be very risky. I assume your husband has not done his Korean military service since he has been living in the USA since he was 12? If he ever returns to Korea as a Korean citizen, and he is over a certain age and has not done his military service, there is a strong chance he could be instantly arrested and/or forced to spend his time in the military there (i believe it's 1-2 years).

So if you apply outland, even thought the processing centre is in Manila he would need to get certain documents mandatory for Korean PR applications:
• Family Relation Certificate and one certified true translation into French or English of your Family
Relation Certificate. This document should have been recently issued.
• Marriage Relation Certificate and one certified true translation into French or English
• Old (deleted) Family Census Register and one certified true translation into French or English

I'm not sure if these can be requested via international mail, or if you need someone like a family member in Korea to get them for you. Also if you are ever requested to do an interview it would most likely be in Seoul. And again not sure if him going to Korea would pose a risk. I'm not sure if they could do interview in Manila for him.

Depending on how easy it is to get the Korean documents, and if it poses a risk for him to travel to Korea and possibly be conscripted to the army... you may want to seriously look at an inland application.

Hi Rob_TO,

Thanks so much for replying and your knowledgeable insight regarding his case (Makes me feel relieved that you actually know what documents that he needs). He has not done his mandatory military service as he and his family immigrated to the US when he was 13 years old. And fortunately, my husband prepared all the documents said above in advance. We have the copy of (Not sure what this is lol) 기본증명서 and Family Relation Certificate (가족관계증명서). (Can you read Korean?)

As my husband is currently staying in Canada, we are planning to file our Outland application, along with Visitor's extension. I'm not sure if that's a good idea though. What are your thoughts?


EDIT.

We are aware of the situation in S. Korea and their mandatory military service that all males have to perform. It's an unfortunate situation for my husband as he has lived half of his life in the US and is no longer fluent in Korean and the lifestyle of those who live in Korea. We are just hoping that he can stay in Canada until the decision has been made for our Outland application.

As for the possibility of immediate draft, his Father recently renewed his Korean passport. And the passport does not expire until 2022. I'm not sure if this will keep him from being drafted to the army.

 

[Rob_TO]

And fortunately, my husband prepared all the documents said above in advance. We have the copy of (Not sure what this is lol) 기본증명서 and Family Relation Certificate (가족관계증명서). (Can you read Korean?)

Well my fiancee is the korean one... i can read a bit but at a kid's level!

Not sure if you will need a Korean police report "Police Criminal and Investigation Record ", since he hasn't actually lived there.

As my husband is currently staying in Canada, we are planning to file our Outland application, along with Visitor's extension. I'm not sure if that's a good idea though. What are your thoughts?

Well as i said, the risk will come if he needs to go to Korea. They have, and will, take his passport and arrest him at the airport if they notice he hasn't done his military service by a certain age. If doesn't matter on the status of his passport, it all has to do with his age and if he is legally allowed to extend his military service duties. If they feel he will leave Korea and not return again, they will not let him extend and force him into the military.

Do you have a plan to ensure he can stay in Canada during the entire application? At some point his 6-month visitor visa will expire. If you do apply outland, you will just need to hope that no interview will be required since he should not ever go to Korea again until he has his Canadian citizenship.

 

[LindtChocolate]

I don't believe that he needs one as he left the country when he was a child.

I'm just hoping that we can file an extension to his visitor's status. I'm just not sure how many times we can file for an extension though

 

[Sweden]

I don't believe that he needs one as he left the country when he was a child.

I'm just hoping that we can file an extension to his visitor's status. I'm just not sure how many times we can file for an extension though

There is no limit, and some members have been on visitor visa for over 16 months. There is always a risk to be denied, but if you file the application soon, have already everything ready, then when you apply for an extension, you add the fact that you have applied for PR (and add the proofs, receipt fee etc), and it should be good. As I said - no guaranty, but definitely possible.
Inland gives him implied status and you don't need to worry about extending his application. You have to add an OWP application and you will get implied status. He could get a work permit after stage 1 (6 months currently), and have full PR after that (total is 14 months). It's most likely longer than the outland application, but it would guarantee him a status in Canada, and IF an interview is required, it would take place in Canada. Main disadvantage is that he is not allowed to leave Canada for the duration of the process, but from the look of things, he is not able to go to the US, or to Korea either, so maybe it's worth it?
Good luck,
Sweden

 

[LindtChocolate]

Wow 16 months. I hope we can have his visitor's status extended with no problem.

The reason why we opted for the Outland is because of the faster process and the fact that we have another shot at our case. I'm a worry-wort

 

[rjessome]

Hey, and welcome!

1 - if his criminal record is clean, and the charges were dropped, I don't think it would affect your case - but I'm not completely sure, so maybe somebody else will comment on that.

This doesn't mean charges were dropped. It means they were probably expunged because he was a juvenile when the offences were committed. Full disclosure is necessary however it won't make him inadmissible to Canada as it would be considered under the Youth Criminal Justice Act.

There is no limit, and some members have been on visitor visa for over 16 months. There is always a risk to be denied, but if you file the application soon, have already everything ready, then when you apply for an extension, you add the fact that you have applied for PR (and add the proofs, receipt fee etc), and it should be good. As I said - no guaranty, but definitely possible.
Inland gives him implied status and you don't need to worry about extending his application. You have to add an OWP application and you will get implied status. He could get a work permit after stage 1 (6 months currently), and have full PR after that (total is 14 months). It's most likely longer than the outland application, but it would guarantee him a status in Canada, and IF an interview is required, it would take place in Canada. Main disadvantage is that he is not allowed to leave Canada for the duration of the process, but from the look of things, he is not able to go to the US, or to Korea either, so maybe it's worth it?
Good luck,
Sweden

I agree that looking at the In Canada Class might be the best option for this OP.

 

[LindtChocolate]

Thanks so much for your advice!

 

[Rob_TO]

Wow 16 months. I hope we can have his visitor's status extended with no problem.

Another option to extend visa if for some reason the visitor one doesn't work, is to enroll him in a cheap ESL language school (even though he's completely fluent in english). It's very easy to get a study permit which extends the time you can stay here. You wouldn't have to actually go to school, just pay the tuition. Obviously through this way is more expensive than a simple visitor visa extension, so should only be considered as last resort.

The reason why we opted for the Outland is because of the faster process and the fact that we have another shot at our case. I'm a worry-wort

For an application to be denied, you would have to go to an interview first in Korea. And as mentioned, you should not do this since your husband is a Korean citizen and has not done his army service. So i really don't see how you would do an interview. A few points to consider:
- any korean male who has not denounced their korean citizenship before age 18, is required to do army service
- the only way to delay the service, is if you are currently enrolled in university , and you can only delay until a certain age
- if you hold a korean passport and are listed on family registar, you are required to serve
- even if you get another country's citizenship, korean law requires you to serve in the army before giving up your korean citizenship

Remember, interviews are NOT common. 9 times outta 10 you will not need to go to an interview. However in the off chance you require one, you should contact CIC to see if its possible to do it in Manila where the application would be processed. IMO this would be preferable over him going to Korea and possibly getting enlisted.

Also it would be good for you to contact a Korean consulate/embassy in Canada, to find out exactly what the chances are he would get arrested/enlisted if he went back to Korea. Apparently even after he gets full Canadian citizenship, they could still arrest him if he traveled to Korea until he's over the age of enlistment (i think 36 yrs old). If you're near Toronto the consulate is around St.Clair station.