Married a Canadian, application sent... Now it's delayed??

[BlueShimmer]

So here's the short version. I met my husband Chris, a Canadian born citizen, online in 2001. We became good friends and eventually it blossomed into more. We met in the US in 2008, and we continued our relationship from there, with me visiting Canada to meet his family three times after our initial meeting in the US. We married in Canada in March of this year, and started the immigration paperwork then after we discussed it and decided that it would be better for our family if I moved to Canada rather than he move to America.

I was determined to do it the legal way. The responsible way. I wanted to keep my job and try to save some money before I moved up to Canada. After we were married, I went back to America to wait for the paperwork to process. I just got word back yesterday that, because I am not in Canada, it has to process through Buffalo, NY, and it will take nearly a year rather than if I was living in Canada, which would take about two months.

Is there anything I can do to expedite the process? I've been away from my husband for so long, I can't bare it much longer. Would it be possible for me to go up and stay as a visitor while the paperwork process? If I do and I get to Canada, can I just push it through as an Inland request for residency?

 

[justina]

You have been misinformed. Outland applications are MUCH faster than inland applications. You can stay in Canada if you want to, but do an outland application and you will be free to come and go as you please, as long as you maintain proper status, such as a visitor. Outland applications, especially from the US, are normally quite quick. Inland are not, even if they are straightforward.

Check processing times here: http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp. First stage outland applications are currently 70 days for first stage approval. Complete process is averaging 11 months (next page on website). Inland application first stage is currently 10-11 months, and second stage is another 9 months. This is if your application is straight forward. For example, we applied in September 2009, inland. We were transferred to our local office 6 months later and received first stage approval 21 months after applying. In that time, hubby was unable to work or travel outside of the country. He landed 23 months after we applied.

Everyone has a different situation, but if you are American you are usually much better off filing outland.

Be honest when you cross the border and let them know you have an application in process and you should get a 6- month visitor visa (I am basing this opinion on what others in this forum have experienced). When that is near expiry, apply for an extension.

If you wanted to change your application to inland, you would have to withdraw your outland app and reapply inland. The forms are not the same or at least were not when we applied. You would lose whatever time you have already waited.

 

[CharlieD10]

I think the OP means they submitted an Inland application, and now that Vegreville has realised she's not in Canada, they have been advised it must go through Buffalo.

I am not sure who informed you about the timeline, but there is some confusion going on there. An Outland application for Buffalo is completed on average for 80% of cases in 11 months. It takes 10+ months currently for an Inland applicant to receive first stage approval, and then up to another 9 or more months to receive second stage approval/PR.

 

[scarycemetery]

It's much faster to apply as an outland applicant, rather than inland. I'm not too sure who told you it would only take two months for inland but that is crazy! You can still visit your husband in Canada so don't worry

 

[mcmasters]

It's definitely better for you to stay as a visitor than to withdraw and then do an inland application.

I'm currently contemplating moving in with my husband before my PR application is complete, because frankly, I'm sick of waiting! Our application was received March 31, 2011. And we're stiiiiiiill waaaaaaiting. We were legally married Oct. 1, 2010, and had a second, family wedding on Oct 1, 2011.

Staying with your husband while you wait on your application is totally legal and is considered "dual intent." This means you have the intention of living in Canada permanently, but you also have the intention of staying for a long (temporary) visit.

If you plan to stay with your husband long-term while you wait on your application (more than a few weeks), say so when you cross into Canada, and mention that you have a PR application in process. The IO should give you no trouble. (S)he will issue you a visitor's visa, which will be good for 6 months to a year. You can come back sooner than that, but you will be allowed to stay in Canada for that long without getting into any trouble or jeopardizing your application.

Just in case, you might want to bring copies of bank statements and proof of your residence, in case the IO asks a lot of questions (but he/she shouldn't).

The sticky wicket, is what to do about your job, your home, your car, your "residential address" when you go for an extended visit. This is what I'm trying to figure out right now.

There's a lot of info and some very helpful people on the "Thread for outland Buffalo applicants" forum, also under Family Class Sponsorship. They know even more about this process than me!

Hope this helps and that everything works out ok for you.

-Maddy