Difficult decision... PLEASE HELP...

[del16]

Hello everyone,

This forum is a great help for everyone who is looking for an advice, that's why i decided to share my story and ask for your help. Any advice/suggestion is very welcome. And thank you in advance for reading/replying to my post.

Here is my story:
I came to USA in 2007 on fiance visa, got married, but the marriage unfortunately didn't work. After 2 years of marriage, I got divorced. I got my permanent green card on my own and became naturalized US citizen based on 5 years residency. ( I got my citizenship this year). Last year I met the love of my life. We were in long distance relationship, traveling every months to visit each other. ( thanks to my flexible work schedule I could afford to have 1 week off a month without taking any time off). After 1 year of dating we got engaged. We both couldn't wait to start our life together. We both had a good job, but decided that i'll be the one to leave my job and come to Canada. So here I am. it's been 2 months of me being here. Time is going very fast. We are gonna have civil wedding ceremony in the middle of July. We are planning to file for status and thats where all the frustration is coming.
The main question is OUTLAND or INLAND. We even consulted the immigration lawyer but it was simply a waste of time and money. And here is my thinking, please let me know what you think.
IF WE APPLY OUTLAND: It seems that most of the cases are done pretty quickly (5-8 months) I assume that those cases are simple without any Red Flags. BUT I have red flags (First I was MARRIED before and second that worries me the most is my non-convicted DUI from 2011, it was expunged and I never had problems coming in Canada.) So I'm really afraid that my complicated case will go to New York office that has 30 months processing time, which is absolutely insane. Currently I'm allowed to stay here for 6 months, even if I'm able to extend my visa. I doubt if they would extend it for 30 months. So i'll be forced to go back to USA, where i have no job, no house, and nobody.

IF WE APPLY INLAND: It's longer processing time 16-19 months, but ill be able to extend my visa as soon as i submit my application (if i'm right). But if my case will be rejected we wont be even able to appeal. and what to do then? Go back to USA alone,and start from scratch... My then husband wont even be able to move with me to USA, since it takes a year for spousal visa.

I really really dont know what to do. I'm getting so frustrated and stressed about it. and my fiance is so busy and stressed at work that i feel bad to put my frustration out. PLEASE PLEASE i'm open for any suggestions and advises.

Thank you everyone for understanding and any help.

 

[truesmile]

Your "non-conviction" should be a "non-issue". The general consensus here is that there's NO good reason for a U.S. applicant to apply 'inland'. 'Outland' is the way to go! In case of any back and forth, I "always" suggest that you look into getting your NEXUS card ($50 for 5 years), it makes border crossings a breeze 999 times out of a thousand. I got mine simply for vacationing.

 

[rhcohen2014]

APPLY OUTLAND!
I hardly doubt your application would be deemed suspect for the reasons you suggest. A) divorce is normal in today's society and, assuming it's legal, there is no consequence to an application because of a previous divorce. By your own admission, your previous spouse wasn't involved in your gaining a green card or citizenship, so why would CIC care if you were married once before? B) if you have been allowed into Canada without issue, you were never convicted with a DUI and it's expunged from your record, i can't see it affecting your application. Even people who have to apply for rehabilitation because of previous charges don't necessarily get their applications sent to the US visa office, so you can't assume yours would.

There is no point to applying inland because you assume you know how your application is going to be processed. The truth is you don't. If your relationship is true and real, and you prove it in your application, there is little chance of being denied. You are now a citizen of the US, and US applications are less scrutinized for "marriages of convenience", the main reason for denial.

 

[del16]

Thank you for your response, I was thinking about Nexus card but always thought i wouldnt be able to get it cuz of DUI.

 

[del16]

Thank you for your advises. WE are getting married in 10 days, do you think it'll be better if we go to usa (before the wedding or after) for a weekend and come back so it would reset 6 months? or would it be better just to extend visa online?

 

[rhcohen2014]

it's better to just apply for the exension. there is no guarantee "resetting" 6 mo. at the border actually works. If there's no reason to return to the us, then stay in canada and apply for the exension. there's very little chance of it being denied.