In country/ Out of Country

[annabruce]

It has been asked many times before, but I would appreciate opinion given our specific situation.

I was previously of the misguided opinion that we would receive word early in the application process whether or not an interview is required. The fact that we aren't given word, puts a huge damper on my plan to bring my wife to Canada and await the results of her application.

I've explained before, but i'll remind you. My wife is a Russian in the USA on an F-1 (student) visa. The visa has expired, therefore she can only visit Canada for a period of less than 30 days under the automatic visa revalidation program in the USA. She is about to begin her Optional Practical Training ( work after studies ), and is restricted by the same 30 day rule in addition to a maximum of 90 days of un/underemployment. She has a job. She has a temporary resident visa for Canada. She has entered Canada twice before, on two seperate visa, and exited back to the USA promptly as required. She can enter Canada again until September 6th, after which she will need a visa extension.

I was planning to submit an out of country application for her on Monday, wait for word about the interview, and then bring her to Canada to stay after we receive word of no interview. However, if no word about the interview is given, this destroys my plan. She must remain in the USA and not risk her status in the USA. Because of all of the limitations, I am rethinking my plan. I am beginning to wonder if it is best to bring her to Canada one more time and then submit an in-country application. Out of country application to Buffalo is VERY risky. What if she loses her job, is forced out of the USA, and therefore can't attend an interview in the USA?

First of all, do you think I can get her accross the border in the first place? And, by doing this do I cause her to misrepresent herself at the border and therefore risk the success of the permanent residence application? She can easilly, and honestly, tell the border guard that she is visiting me and going to visit her new violin professor in Montreal for lessons that will prepare her for her audition requirements for the masters degree application. She can tell the border guard that she has strong ties in the USA - a job to return to.

Can I include application for visa extension and application for work permit with the in country application?

I am aware of the risks, time issues etc with the in-country application.

Thanks for your help

 

[steaky]

are you a citizen of canada?

 

[annabruce]

Yes, I am.

 

[annabruce]

bump. sorry, but my question is getting burried within this forum. Thanks in advance for your help.

 

[iarblue]

Yes if you are a canadian citizen and she has a visit permit good till sept,she can say she is coming to visit a friend with full address and phone number and enter when she is here you can apply for an inland app and before he visa expires extend it.

 

[angelbrat]

You need a reply from the experts on this...try emailing PMM....he is probably the most knowledgeable person on this forum and will give you a short precise answer.

Personally...I have absolutely no idea....and I thought i knew a bit about Canadian Immigration....just shows you how ignorant most of us are when it comes to problems outside our own spectrum.

Good luck...this forum is good...someone will have the answer if you keep bumping.

 

[rjessome]

It has been asked many times before, but I would appreciate opinion given our specific situation.

I was previously of the misguided opinion that we would receive word early in the application process whether or not an interview is required. The fact that we aren't given word, puts a huge damper on my plan to bring my wife to Canada and await the results of her application.

I've explained before, but i'll remind you. My wife is a Russian in the USA on an F-1 (student) visa. The visa has expired, therefore she can only visit Canada for a period of less than 30 days under the automatic visa revalidation program in the USA. She is about to begin her Optional Practical Training ( work after studies ), and is restricted by the same 30 day rule in addition to a maximum of 90 days of un/underemployment. She has a job. She has a temporary resident visa for Canada. She has entered Canada twice before, on two seperate visa, and exited back to the USA promptly as required. She can enter Canada again until September 6th, after which she will need a visa extension.

I was planning to submit an out of country application for her on Monday, wait for word about the interview, and then bring her to Canada to stay after we receive word of no interview. However, if no word about the interview is given, this destroys my plan. She must remain in the USA and not risk her status in the USA. Because of all of the limitations, I am rethinking my plan. I am beginning to wonder if it is best to bring her to Canada one more time and then submit an in-country application. Out of country application to Buffalo is VERY risky. What if she loses her job, is forced out of the USA, and therefore can't attend an interview in the USA?

First of all, do you think I can get her accross the border in the first place? And, by doing this do I cause her to misrepresent herself at the border and therefore risk the success of the permanent residence application? She can easilly, and honestly, tell the border guard that she is visiting me and going to visit her new violin professor in Montreal for lessons that will prepare her for her audition requirements for the masters degree application. She can tell the border guard that she has strong ties in the USA - a job to return to.

Can I include application for visa extension and application for work permit with the in country application?

I am aware of the risks, time issues etc with the in-country application.

Thanks for your help

First, Buffalo rarely interviews but it is a possibility IF they do not believe the marriage is genuine OR feel that something was not properly disclosed or was lied about. If you file outland, do you best to provide compelling proof of the relationship.

Secondly, if an interview is required, they will give notice of it BUT I'm not sure how much. It varies from post to post. However, they would probably give about 2 months written notice which is based on the 1 person I've seen who has been interviewed in Buffalo in the last 3 years. I'm sure there has been more but I've only seen one instance.

Third, rather than "no interview required" she would receive a passport request from Buffalo for stamping of the visa counterfoil. She can't travel to Canada without the passport. You don't mention what kind of time frame you are expecting to "hear" anything. Processing in Buffalo is currently between 4 and 10 months.

If you chose to bring her to Canada, I would never recommend she lie to CBSA. The reasons you gave for her visit, if true, would be sufficient and she has never had problems at the border before so I wouldn't anticipate new ones. To be extra cautious, I would bring proof of the employment in the US as well as a letter confirming the audition.

I don't believe the application in Buffalo is risky at all. But it sounds like you are planning to have her quit her job and join you in Canada if you heard that no interview was requried. That would be more risky at the border. No employment, a PR application in process, therefore no plan to leave Canada at the end of her visit. Those circumstances might make a CBSA officer refuse her entry.

Perhaps you should have her come for another visit and make the decision whether to file inland or outland after she gets here.

Hope that helps.

 

[annabruce]

Thanks for your reply.

The reason why Buffalo is risky is that she likely wouldn't qualify easily for a new visa to the USA to attend an interview. Furthermore, as a musician, she will be getting work by finding gigs and receiving gigs from her current employer. These gigs and the rehearsal time has to add up to a minimum of 20 hours per week. Summer and early fall is easy, but there is no guarentee that she can maintain this late into the fall and winter months. In that case, she would have two months to pack up and return home to Russia. Very expensive and added delays transfering the application to Moscow where interviews are frequent. An Outland application depends on the best case scenario of about 6 months total processing time including the return of her passport with the visa. Risky, not because of Buffalo, but because of her work and status limitations.

She can do her gigs in Canada, legally, without a work permit. She can also take lessons with her new violin professor and prepare for her audition while she is waiting for permanent residence. Once she receives her AIP and work permit she can apply for student permit, and begin her masters degree. Of course, it puts more pressure on me to earn the money needed to support us both.

And, we can be together, which is the best reason of all to bring her to Canada sooner than later.

 

[rjessome]

Ok, there are some special circumstances for your wife, being a musician. It would be nice to be married to someone who makes music!

Yes, you are right about the limited gigs she could do in Canada. And now I understand your reasoning. However, keep in mind that Buffalo rarely interviews. Doesn't sound like your marriage has extraordinary circumstances that would raise a red flag for them.

But if inland makes you feel more comfortable, then that's the way you should go. I'm assuming that since she's visited before, CBSA knows she's married and it wasn't a problem. And since she still has a valid TRV, now might be the right time. But you understand what I'm saying when I advise to make the decision AFTER she arrives for her next visit? Just don't want her to lie to anyone! CBSA officers are supposed to ensure that a visitor is just visiting, not intending to stay permanently. They may or may not ask her about intentions to file a PR application. If they do, she needs to be truthful. At this point, she could answer them honestly by saying, "Yes, we are planning to apply for my PR but we are almost done preparing the applications and completing the requirements." She still brings the letter for the audition and the proof of employment.

Good luck!

 

[iarblue]

And the visa extension is a separte app you need to do before her visa expires if you are doing inland you include the work permit with the app.

 

[annabruce]

Thanks RJ.

Yes, I think her case is very straight forward. Probably she would be ok with the outland. However, I believe that for her the inland application will process just as quickly, atleast the first stage will. We might as well eliminate the risk and finally be together. The worst I see with the inland is that I will likely have to pay international tuition at U.Montreal.

Do you know, by any chance, if sponsors in Quebec have a minimum income requirement? I was considering a move from Ottawa to Hull so that I could have her land as a Quebec resident. Quebec resident tuition is much less expensive, and Quebec is much more family friendly (She's pressuring me for a baby )

 

[rjessome]

Quebec is another animal! But a friendly one, just a little more paperwork and an extra $250!

No, there are no minimum income requirements but there is an extra step in the process for obtaining a Certificate of Selection for Quebec (CSQ). It's not difficult. Their immigration website is actually very clear in it's instructions! Here's the link.

http://www.immigration-quebec.gouv.qc.ca/en/immigrate-settle/sponsors-sponsored/index.html

 

[annabruce]

Thanks!

I am pretty confident that I am making the right choice. However, I very much appreciate confirmation from you that my logic is reasonable.

CBSA knows she's married and it wasn't a problem.

Yes, in Anna's letter of invitation I very clearly stated that we were married and would be submitting a PR application in the very near future. This letter was submitted when she applied for her most recent visa in march. She will be entering again on the same visa according to the rule that allows multiple entries on a single entry visa if travelling between USA and Canada, so long as she enters within the initially permitted period which in her case is 180 days.