Just Married.. What now? (spousal sponsorship questions)

[kasia333]

Hello and thank you for taking the time to check out this topic

My husband and I just got married on August 30th. We are currently trying to figure out what our next step is. He wants to sponsor me so I can move up to Canada. I am currently in US. I'm still working in US to close everything down over here so I can move up north.

Here are our questions:

1) Do we start the sponsorship process BEFORE I move there with my husband doing the first step? If he does that, will I be able to cross the border saying we started the process or will I have problems?


2) Do we start the process AFTER I get there as a visitor (I heard something about me being able to stay for 6 months and starting the process 4 months into my stay and asking for extended stay because of him sponsoring me)? If we have to do it AFTER I move, what do I say to immigration at the border? Would me not saying that I'm going there to stay cause me to get into some sort of trouble?


3) Since we got married, my last name changed in Canada. I haven't done any name changing in the states. I heard that I don't need to change my names in the states yet and CAN do it later. This being said, will it show up in Canadian system that we got married and I got my name change if I use my US passport at the border? I'm a bit paranoid I guess about what to tell the border patrol and about them seeing my ring etc.

4) Do I have to have my medical tests done in US or Canada? Does it depend on the outland/inland where I get them done? We are still trying to figure out which route (outland or inland we want to take). To my understanding (from what I read here), you CAN do outland even when you're in Canada. Is that correct? I also read that inland means I can't leave Canada for a bit and can't work till everything goes through.


If anyone has any advice, we would both appreciate it. We both check this this forum a lot to get tips and info on how to do this correctly.

Thank you again

Kasia

 

[kasia333]

Also I wanted to add one more question:

IF I go there as a visitor and we start the process there, do I have to have a 2 way ticket when I come? I heard that being said around here as well.

Thank you

 

[QuebecOkie]

Being from the U.S., I would strongly advise you to start the process now, outland (from outside of Canada). You can apply inland (from within Canada) after you get there, but the process is usually longer, and you are advised to stay in Canada (i.e. DON'T go back to the U.S. to visit or travel abroad for vacation) for the entire duration of the process. Currently, CIC is reporting that 80% of inland applications are finished within 19 months, plus another 4 months or more to land and then get your PR card so you can travel freely. CIC is reporting that 80% of outland applications are completed within 15-23 months, and then you can land as soon as you exit and reenter Canada, then you'll get your PR card in just under 3 months.

You may still visit your husband while applying outland. There is always some risk of being denied at the border, if the agent believes you might overstay or not leave Canada once your time as a visitor is up. However, Americans with no history of problems aren't denied entry often. A round-trip ticket *would* help show that you intend to leave Canada again. Even if you apply outland, you can request an extension of your visitor permit from within Canada. I believe they are pretty routinely granted.

The only real difference and benefit to applying inland for U.S. citizens is that you are eligible for an Open Work Permit (OWP) after stage one processing is complete (currently estimated at 11 months). That would allow you to work within Canada for the remainder of the process.

 

[kasia333]

Ok, so I can't start outland when I'm in Canada? My husband and I don't want to wait a year+ to live together. We have been doing the long distance thing for far too long.

What do you mean by "CIC is reporting that 80% of outland applications are completed within 15-23 months, and then you can land as soon as you exit and reenter Canada, then you'll get your PR card in just under 3 months. " I don't understand?

I don't want to keep traveling back and forth from US to visit my husband. It's expensive and I don't like being away from him. I want to move there as soon as possible.

Can I apply outland AFTER I get to Canada? That's my question. And if so, does he have to start the process of sponsorship NOW or after I get there? Also, when I come there, I come as a visitor now and have to have a 2 way ticket? That's what I'm asking about more.

 

[QuebecOkie]

Yes, you can start either an outland or inland application once you get to Canada. However, as the wait is extremely frustrating, if you decide to apply outland, I suggest you start it as soon as possible. If you're going to apply inland, you can't start it until you get there.

CIC doesn't provide "estimates" of the time it will take to process your application. What it does instead is reports the time that it took to process 80% of the applications. That means that 20% of apps took LONGER than the times I listed, while many took less time. There's no real way to know for sure how long your application will take. CIC is INCREDIBLY inconsistent in its handling of PR applications.

Whether you apply inland or outland doesn't affect you being able to go to Canada and stay with your husband while your application is being processed. (Be careful about your wording; you are not "moving to Canada" and "living with him," you are visiting him in Canada while your application is in progress. Legally you cannot "move to Canada" until you have PR status.) However, if you apply inland, you are not supposed to leave Canada at all while your application is in progress. If you leave and are denied reentry to Canada, your application is considered abandoned and you have to start over again. Outland applications do not have that restriction. If you feel you may need/want to visit family or friends in the U.S., or travel elsewhere outside of Canada, you may want to apply outland.

Yes. You can apply inland or outland after you get to Canada. However, you can apply sooner if you apply outland. The sponsorship process is part of the PR application process (all of it gets submitted together), so he starts that whenever you put your full application packet together and submit it.

You do not *have* to have a two-way ticket. That is simply an extra factor to try to show the immigration agent that you do not intend to overstay in Canada. Many (most?) U.S. citizens have no trouble crossing into Canada. However, some do. My husband knows a couple (Canadian military husband, American civilian wife) who arrived at the border together, and she was denied entry, as the agent said he believed she intended to move to Canada. I think it's probably rare, but it does happen.

 

[kasia333]

Ok, so it looks like outland makes more sense to us.. esp. since he can start the process now (from what you just said). Also, in case of emergencies I can go visit my family in US or we want to go on a honeymoon or something.

Now the medical. Does that need to be done in US or Canada? From what I understand, he first has to go through the first step process, then I get medical? Can he do the first step BEFORE I get there and then I get medical in Canada and do MY part of the sponsorship?

Also, if we start the process right now with him filling out the paperwork and such, do I have to say anything at the border? Do I have to tell them I'm in the process of sponsorship? Can I simply say I am visiting? (sorry if I you answered some of the questions already I just want to make sure I understand correctly)

 

[kittyandpipit]

wowsers we're just getting ready to apply for outland and i thought it was 5-6 months processing time! that sucks.

my husband is from the us, and has been here in canada for almost five months, we'll apply for an extension soon, but i dont know how that works yet. i would suggest getting your background check done as soon as possible, it takes about six weeks.

this forum is great to keep asking questions to get yourself started and moving along as quickly as possible. i was denied entry to the us, and we refused to be apart after that as well, even if we have to travel.

good luck!

 

[kasia333]

Ok, I'll tell him to do that.

Yeah, it is great. We had awesome people give us advice before. They made us go from "WOW, this is a lot to try to process" to "ok, we can do this!"

If you don't mind me asking, what made the US deny your entry? (Other than they can be prettyyyyy strict and odd on some things they do )

 

[QuebecOkie]

I deeeeeeeply regretted applying inland instead of outland as time went on and I missed my family and friends more and more. I've missed out on over half of my (ONLY) young nephew's life, since I was unable to go visit, and my sister hasn't traveled much and isn't comfortable making her first international trip with an active toddler in tow.

Medical should be done before submitting the application. You can do it in the U.S., but you do have to find a panel physician. http://www.cic.gc.ca/pp-md/pp-list.aspx You want to do the medical *right* before you send the application, as it expires after 12 months. The closer you do it to the time when you send the application in, the less likely it is that you will have to do a second medical exam (which you can do in Canada, that's not a problem, it's just an expense/hassle most of us would like to avoid).

And no, your husband can't "do" anything before you do your part of the application, other than starting to fill out forms/gather documents/prepare to do the application. The sponsorship application (his part) and the PR application (your part) must be submitted together in the same mailing. He can prepare all of his stuff while he waits either for your arrival or for your to mail him your part, but he can't submit anything until your application packet is complete with both parts.

I really can't advise you on what to say to immigration agents at the border. You certainly never want to lie, as being caught in a lie is very, very bad. However, some of us have perhaps fudged the truth a bit. When I crossed into Canada with my husband, we told them that our plan was for me to drive up with him (he was moving back after a four-year posting in the U.S.), to help him get settled into the new house, and then I planned to book a flight and fly back to stay with family in the U.S. and start an outland application while he was on course in Ontario (*most* of that was true - three weeks after the move to Québec, he did leave for a four and a half month course in Ontario; however, I did not leave Canada, and we submitted an inland app). The very nice agent who I spoke with sort of gave me a wink, stamped my passport for 6 months, and said that Canada's policy is that, if I ask nicely (i.e. apply for an extension), they'll give me another six months. (I applied for and was given a one-year extension before my initial 6 months ran out.)

If I were you, and I had already submitted an outland application, I would go with the truth. I would say that I had submitted an outland application for permanent residency, and I was on my way to visit my husband while that application was in progress. If you're really worried about it, you may wish to keep a bank account open in the U.S., have your mail forwarded to a family member's address that you can use as your "residence" while you are "visiting" your husband in Canada, and have documentation with you to show that you still still have those "ties" in the U.S., to prove you're not a risk to overstay.

Generally, Americans don't have much trouble at the border, but of course there are exceptions. You definitely don't want to show up at the border with a moving van full of your stuff, haha! Other than that, I'm not particularly helpful.

Regarding the "background check," Canada requires a police certificate from any country in which you have lived for over 6 months. For U.S. citizens, this is a background check from the FBI. You will have to send your request directly to the FBI, and it usually takes around 6-7 weeks to get the report back. HOWEVER, CIC must receive the police certificate within three months of the date when it was issued, so you want to make sure you don't order it too early. Decide how/when you want to apply, download all of the forms for that kind of application and the instruction guide, and start going through them. You'll have more questions. Once you have a grip on the whole process, you can schedule your medical and request your FBI report so that everything can be pulled together and sent off.

SOME outland apps are done much faster than the 15-23 months I mentioned earlier. Keep in mind, all we know is what CIC tells us, which is that 80% are finished by then. Some (many?) are done much faster. I'm sure there's a US Outland applicants thread around here somewhere. They're probably MUCH more informative about average timelines than CIC is.

 

[QuebecOkie]

Haha, didn't realize how long that reply became. Hope it's helpful. MAN, how I wish I'd known half of what I do now when I started this process! At any rate, we bungled our way through it, we've received DM (decision made, stage two approval), and now we're just waiting for a landing appointment. I could have saved myself a lot of stress if I'd read up more in the beginning or found this forum earlier.

Thought you might want the FBI background check info. Here's the site: http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks/submitting-a-criminal-history-summary-request-to-the-fbi.

 

[kittyandpipit]

your the only one that will need the background check/medical.

he was living in hawaii, and i met him there in october last year. I stayed with him a month and tried to go back in february to visit for three months, they said i didnt have enough money to go so they pulled me off to the side for examination. they thought i had set up a job in maui and was going to work/stay.

i had to wait three more months for him to get here, and i just didnt believe that he would get through, but they didnt ask one question. (hawaii to nova scotia lol low risk scenario)

yes you can do this, and you will get through it. it seems pretty daunting and there are days we want to run away to another country. but everytime we do a step we get a little more faith. he did his medical here last week and the receptionist told me that he cant fail it, they just want him put through the motions, and when i changed my name at msi, they said he can get his msi card when we send in our application by courier and with our receipt of payment, that americans, dont have a problem getting here. unless criminal and medical issues! keep me posted!

 

[kasia333]

Thank you so much for all this info. I'm pretty sure I'll have more questions, but this at least gives me some info to work with at this time.

So much information and help!! Thank you!!! All of this immigration stuff can be SO confusing at times...

Again, thank you!

 

[kittyandpipit]

how do you apply for an extension, and when should you do it?

 

[kasia333]

Can someone be denied based on medical? I'm a worrier and worry they will find something haha I know I shouldn't worry, but .....

 

[kittyandpipit]

the receptionist at my husbands medical said you cant be refused, but i dunno. my husband was treated for bipolar for like 8 years, haha we'll see how that goes