Family Sponser by Canadian Citizen to AB from US

[deb0725]

My husband, Abe, is a natural citizen from Alberta Canada. He moved to the U.S. in July 2006 on a K-1 Visa to marry me, (Debbie). Since his move here, we have had twins and would like to move to Canada to be close to his family. Please advise which forms we should use in order to move? (Q.1) What is the best order, fastest route of immigrating to Canada? (Q.2) Both my husband and I are full time employees at the current time and it would be best if we can both work when we move to Canada.

We are a blended family of 6. Abe is a Canadian Citizen, married to Debbie, a U.S. Citizen and are the biological parents of twin girls ( they will be 2 this weekend). Debbie has 16 and 17 year old daughters from a previous marriage with joint custody. The biological father to the two older girls has no contact with the two girls from the previous marriage and we are working with the attorney general of Texas to get them moved to sole custody. We already have a home ready for us in Edmonton near my husband's' family. The home belongs to his family so it is already set aside for our move. Also, my husband is a certified/skilled CAD Drafter and I have 15 years as an office manager/IT Admin. I have no certifications in the IT area yet, but I am currently working on school to obtain certification on Network Admin.

We would like to be sure we are filling out the proper forms for immigration and I would love to be able to start filing them this weekend. Also, is it advisable that we obtain a lawyer to make this immigration? (Q.3) I filled out the forms and completed all needed items for the K-1 for Abe to move to the U.S. and found that to be a bit of task but not unbearable.

Can we file our paperwork now and move this summer prior to the paperwork completing? (Q.4) What about health insurance? (Q.5) Do we need to continue our coverage in the United States until we have our immigration paperwork completed? (Q.6) What is the best order to file forms and should we file multiple issues together? (Q.7) Work Permit and Permanent Resident? (Q.8)

I look forward to your advice on forms and whether we can move now and wait on our paperwork to complete after we arrive in Canada.

RECAP of questions
Please advise which forms we should use in order to move? (Q.1)
What is the best order, fastest route of immigrating to Canada? (Q.2)
Also, is it advisable that we obtain a lawyer to make this immigration? (Q.3)
Can we file our paperwork now and move this summer prior to the paperwork completing? (Q.4)
What about health insurance? (Q.5)
Do we need to continue our coverage in the United States until we have our immigration paperwork completed? (Q.6)
What is the best order to file forms and should we file multiple issues together? (Q.7)
Work Permit and Permanent Resident? (Q.8)

 

[RobsLuv]

My husband, Abe, is a natural citizen from Alberta Canada. He moved to the U.S. in July 2006 on a K-1 Visa to marry me, (Debbie). Since his move here, we have had twins and would like to move to Canada to be close to his family. Please advise which forms we should use in order to move? (Q.1) What is the best order, fastest route of immigrating to Canada? (Q.2) Both my husband and I are full time employees at the current time and it would be best if we can both work when we move to Canada.

We are a blended family of 6. Abe is a Canadian Citizen, married to Debbie, a U.S. Citizen and are the biological parents of twin girls ( they will be 2 this weekend). Debbie has 16 and 17 year old daughters from a previous marriage with joint custody. The biological father to the two older girls has no contact with the two girls from the previous marriage and we are working with the attorney general of Texas to get them moved to sole custody. We already have a home ready for us in Edmonton near my husband's' family. The home belongs to his family so it is already set aside for our move. Also, my husband is a certified/skilled CAD Drafter and I have 15 years as an office manager/IT Admin. I have no certifications in the IT area yet, but I am currently working on school to obtain certification on Network Admin.

We would like to be sure we are filling out the proper forms for immigration and I would love to be able to start filing them this weekend. Also, is it advisable that we obtain a lawyer to make this immigration? (Q.3) I filled out the forms and completed all needed items for the K-1 for Abe to move to the U.S. and found that to be a bit of task but not unbearable.

Can we file our paperwork now and move this summer prior to the paperwork completing? (Q.4) What about health insurance? (Q.5) Do we need to continue our coverage in the United States until we have our immigration paperwork completed? (Q.6) What is the best order to file forms and should we file multiple issues together? (Q.7) Work Permit and Permanent Resident? (Q.8)

I look forward to your advice on forms and whether we can move now and wait on our paperwork to complete after we arrive in Canada.

RECAP of questions
Please advise which forms we should use in order to move? (Q.1)
What is the best order, fastest route of immigrating to Canada? (Q.2)
Also, is it advisable that we obtain a lawyer to make this immigration? (Q.3)
Can we file our paperwork now and move this summer prior to the paperwork completing? (Q.4)
What about health insurance? (Q.5)
Do we need to continue our coverage in the United States until we have our immigration paperwork completed? (Q.6)
What is the best order to file forms and should we file multiple issues together? (Q.7)
Work Permit and Permanent Resident? (Q.8)

Because your husband is a Canadian citizen he can apply to sponsor you to Canada while remaining in the States. The application will be processed through the visa office in Buffalo, NY and will take from 5-10 months to finalize. The entire, completed application will be sent to the Case Processing Centre in Mississauga, ON - there are no "stages" like there are in the States, and there is no income/asset requirement. Your husband will need to provide proof of his intent to re-settle in Canada (job offer, housing arranged, letter from family indicating they will support you until you get settled, etc.). He will need to sponsor you and both of your daughters. Unless you get court ordered sole legal and physical custody of your daughters, with no visitation rights for their father, you will need his notarized consent for them to immigrate. CPC-Mississauga will approve your husband as a sponsor, and then they will transfer the application to Buffalo and they will process yours and your daughter's application. Once the application is finalized, assuming it's approved, you come to Canada and you and your daughters "land" as Permanent Residents - able to work, go to school, whatever. Until then you are not authorized to be anything other than a visitor in Canada - although it's probable you could come to Canada (not "move" to Canada) with your husband before your PR was approved, to stay with him here while the application finalizes - but things like school for your daughters, and healthcare, will be an issue. Healthcare and schooling are Provincial matters and I don't know how it works in Alberta - but your daughters will not be able to attend school without study permits, and the three of you may or may not be eligible for healthcare before you "land". Your twins, however, are dual Canadian/US citizens and will be eligible for healthcare and school. There's more information about the specifics of you and your daughters accompanying your husband to Canada before you get your PR visa at this US2Canada link.

As far as the work permit - I don't think it's worth the trouble to apply for one. Your husband is eligible to work immediately, you will be eligible to work as soon as you have permanent status. In order to get a work permit you'd have to find an employer willing to offer you a job, the employer would have to get certification (called a Labour Market Opinion or LMO) that there are no qualified Canadian candidates before he can offer you the job, and then you'd have to apply to Immigration for the work permit. By the time all that happens, you'll be done with the PR ap.

You don't need a lawyer to fill out the forms for you, or to collect the documentation of your "genuine" relationship. The application process is actually quite a bit easier than the US process - so if you've done that, you can do this one, too.

The biggest issues as far as you "moving" to Canada before you get PR approval are: 1) you won't be able to work without getting that work permit, 2) you and your daughters will not be eligible for healthcare, and 3) your daughters cannot go to school without a study permit. The SP is not as hard to get as a work permit, but they still need written acceptance to a school and then you have to apply, through Buffalo, for the SPs before you come to Canada. Check out the US2Canada site - there is other helpful information there as far as the requirements of the application - the medical exams, criminal clearances, etc., that should help simplify things a bit for you.

 

[deb0725]

WOW!!! Thank you for the post Robsluv. Very nice and great information for us indeed. We are super excited about the move and now need to get a plan together AFTER we finish the applications.

I am an enrolled member in the Sioux tribe have recently read about an Indian Act in Canada pertaining to healthcare? Is there any place with that information on this forum?

Any help would be most appreciative!

Thanks in advance.

 

[PMM]

Hi

WOW!!! Thank you for the post Robsluv. Very nice and great information for us indeed. We are super excited about the move and now need to get a plan together AFTER we finish the applications.

I am an enrolled member in the Sioux tribe have recently read about an Indian Act in Canada pertaining to healthcare? Is there any place with that information on this forum?

Any help would be most appreciative!

Thanks in advance.

Canada never signed the Jay treaty, so you would have to be registered to a Canadian band to receive any benefits.

PMM

 

[Leon]

In AB the health care is from day one of moving, no 3 months waiting so the husband and the twins would have that. The kids with study permits may get it right away too. Otherwise when they get PR.

 

[deb0725]

One more question about my twins please. My husband (Canadian Citizen) and I have a set of twins - two years old, who were born in the U.S. I am a U.S. Citizen. Since my husband is sponsoring myself to move to Canada along with my two older daughters. The twins are his biologically and the other two daughters of ours are from a previous marriage.

Do I need to apply for some sort of paperwork showing they are Canadian Citizens? Do I need to file some paperwork for that portion of our immigration process?

Thanks,

Deb

 

[Leon]

Yes, go to the Canadian embassy and apply for the twins proof of citizenship. Doing that, you should be able to get them temporary Canadian passports.

 

[PMM]

Hi

Yes, go to the Canadian embassy and apply for the twins proof of citizenship. Doing that, you should be able to get them temporary Canadian passports.

Actually you can apply for proof of citizenship through Sydney by mail for proof of citizenship. http://www.cic.gc.ca/english/information/applications/certif.asp It takes about a year. So you apply to Sydney and once you receive acknowledgment then you apply for a limited validity passport at one of the Canadian offices in the US. The passport would only be valid for 2 years.

PMM

 

[deb0725]

We already have passports for the twins - they are now two years old. We made a trip to visit family last summer. Will we need a Canadian passport prior to moving to Canada for them? Do we need to file for immigration to Canada for them as well? Or can they just go when we do as part of the family?

 

[Leon]

If your husband is Canadian and he is the father of the twins, they are also Canadian. You need to apply for their Canadian proof of citizenship and Canadian passports so you and later they can prove they are Canadian. With a US passport, they are really just on visit status in Canada. If you were Dual Canadian-US, would you use your Canadian passport to enter the US? Of course not, because they'd see you as a tourist and give you a stamp and a time limit you can stay. Undocumented children can never just go "as a part of the family". You do not have to apply for their immigration because they are already citizens, you just need to be able to prove it. If they were not citizens, you would have to apply for their immigration.

 

[deb0725]

perfectly clear! Thank you kindly!

Deb