Family class for greencard holder

[Moyo36]

Hello,

I am Canadian and have done the reverse process (went through getting a USA greencard to work/live with my American spouse) but now we are thinking of living in Canada. I have tried to research as much as I could but with a busy work schedule and having spent years doing the USA process, it's a lot. Also, I have worked in Canada commuting from the USA for the entire time. I have a place we rent and visit in Canada that I also stay at while I'm working, not sure if that makes any difference.

- what is the current inland/Outland application times from start to approval? I ask because there are posted times that look upward of 2 years but some of you show 7 months from start to finish

-having done the USA greencard process, is there any way to knock off some of the process doing the reverse? I know that greencard holders used to be able to "trade it in" to come back to their country (probably wrong info)

-what are our options for regular doctors visits and emergency medical? Is it still around 120$ per month?

Thanks for everyone's help in advance

 

[keesio]

-outland for US citizens are fast tracked in Ottawa and used to be anywhere from 3-6 months. Things really picked up around mid last year where people were getting processed in 3-4 months. But I think it slowed down a bit recently and 5-7 months seems to be more normal. Note that these timelines are for US outland application where the application does not have any major red flags. Inland I think is about 2 years. So unless they really revamp the inland process, outland for US citizens is still recommended.

-i'm not sure what you mean for your second point. You have a US greencard. There is nothing to "trade in". As a Canadian citizen, you can come back to Canada any time. You being a US greencard holder does not help your husband's PR application. The only thing to consider is that you may lose your US greencard after you move to Canada and don't fulfill your residency obligations to keep your US greencard.

-What province are you moving to? Some provinces will give coverage to you and your husband ASAP. Others, you may have to wait.

 

[Moyo36]

Thanks for the quick info.

So if I started the visa process for Outland tomorrow - my wife could potentially be approved and in Canada in 5-7 months? we would be moving to Ontario. If we did Outland, can she still visit up here? I read that with this we run the risk of having our visa process cancelled.

 

[Ponga]

Also, if you and your wife decided to go back to the U.S. after she has PR, prior to you losing your Green Card status because of non-residency breach, her days spent in the U.S. (with you, if you are a Canadian citizen) would count towards her Canadian PR residency obligation, which is much less stringent.

To maintain her PR, she needs to be in Canada for 730 days out of 5 years.

Or

She must be with you outside of Canada, for those days to count towards her PR residency obligation.

 

[keesio]

Thanks for the quick info.

So if I started the visa process for Outland tomorrow - my wife could potentially be approved and in Canada in 5-7 months? we would be moving to Ontario. If we did Outland, can she still visit up here? I read that this we run the risk of having our visa process cancelled.

Yes, US citizens have one of the better (if not best) timelines. My wife got hers in 7 months and this was before they were officially "fast tracking" US applications. At one point last year there were a bunch of people getting it in 3-4 months at the peak of the fast tracking (there was one who got it in less the 3 months). Times seem to have slowed a bit but 6-7 months is a totally reasonable expectation.

And yup, she can visit you no problem. The key thing is that she is "visiting". Both CIC and CBSA don't like people jumping the gun and trying to permanently move to Canada before their application is done. But many Americans move up to visit their spouse and stay here visiting while they wait out the application process. US citizens can stay up to 6 months visiting. And you can even apply for an extension inside Canada. There have been some Americans who stayed with their spouse in Canada for year+ with a series of extensions. You're probably wondering then what is the difference in that case between "visiting" and "living". The difference is what you are telling CBSA and CIC. They want to hear that you respect the process/law and are not jumping the gun and doing a permanent move (even if you privately are and they kinda know it too). It is important that your wife understand that she is in Canada on a "visitor visa" while she is up there before her application is done. She is a visitor and must recognize and respect that. There are some considerations here when you both move back like your wife not showing up in a U-Haul with her stuff (ideally you do that and she comes separately). But this is another thread.

Unfortunately Ontario is the most strict regarding healthcare. You will have to wait 3 months after moving back to qualify and your wife will have to wait 3 months from the time she becomes a PR. It is strongly recommend to get emergency health coverage in the meantime for both you and your wife.

 

[Moyo36]

Why would any American do inland then? So it's up to 7 months at this point, then you move and are a PR when you land in Canada, and an additional 3 months until OHIP a kicks in if I'm understanding this correctly?
I will have to buy some sort of emergency healthcare for her, but it's my understanding that it only covers "emergencies" and there is nothing you can buy to cover regular doctors visits.

 

[MilesAway]

Some Americans have been misled by immigration lawyers and consultants, or failed to read the CIC guide correctly, where it advises applicants to apply outland if the processing times are faster at their home country's VO.
Inland applicants are also not supposed to leave Canada for the duration of the process, so that means 2+ years of sitting at home, and often missing family gatherings or even emergencies.

 

[keesio]

Why would any American do inland then? So it's up to 7 months at this point, then you move and are a PR when you land in Canada, and an additional 3 months until OHIP a kicks in if I'm understanding this correctly?
I will have to buy some sort of emergency healthcare for her, but it's my understanding that it only covers "emergencies" and there is nothing you can buy to cover regular doctors visits.

There are a few that do inland and most end up regretting it. Lots of time they were confused about how inland and outland processes worked and they were also misled by the outland timelines posted on CIC's webpage. They see the super long times listed for NY/LA offices, not knowing that NY/LA offices are only for "problem" applications from the US. Standard US application are fully processed in Ottawa. And even the Ottawa outland timelines are misleading as it shows timelines for everyone there (not just Americans being fast tracked) and shows the timelines for almost worst case scenarios (not transferred to NY/LA).

Yeah if you want regular visits, you'll have to pay out of pocket. Not sure what the costs are however.

 

[Moyo36]

Just an update. We are likely moving back to Canada after job situation has changed for me. I know on this thread I posted a while ago that I was looking at 5-7 months, but now seems it will take my wife about 16+ months for an outland app via Ottawa?

Thanks again

 

[spinning_sponsor]

Just an update. We are likely moving back to Canada after job situation has changed for me. I know on this thread I posted a while ago that I was looking at 5-7 months, but now seems it will take my wife about 16+ months for an outland app via Ottawa?

Thanks again

It's very possible, although the average appears to be around 9 months now for USA files. There are applicants from last September who are not yet approved.

 

[keesio]

Just an update. We are likely moving back to Canada after job situation has changed for me. I know on this thread I posted a while ago that I was looking at 5-7 months, but now seems it will take my wife about 16+ months for an outland app via Ottawa?

Thanks again

The 16+ month number for Ottawa includes non-Americans applying from the US (which have a bit longer timelines) and also people from other countries whose applications have been transferred to Ottawa. The average American seems to be getting processed in 7-10 months these days.