More questions before resubmitting Spousal sponsor application for the third time!

[Cheryllove]

I have a few questions... This process is getting very frustrating. We got married in August and first submitted the application in October after my FBI background check came in. ( I applied early for it cause it takes up to 16 weeks to get) They kicked it out in Nov because we used wrong year form. Refilled it and resubmitted it mid November. This past weekend they sent it back because we didn't complete the additional family form. Now have that completed and ready to resubmit. Question is... Now it is past the 90 days my FBI background check is supposed to be good for!! (They actually sent it back on day 93).... Do I have to do another background check all over again and wait another 16 weeks before resubmitting or just resubmit and cross fingers. ( May get another background check done in the meantime just in case. Which raises another question.

I had to change my name with social security after we married since I am collecting social security retirement benefits. My FBI report was first done under my previous name as is the application and my passport. Do I need to redo background check in my married name or my name in application? I was advised to get it done under both. My application is supposed to match my passport and have not changed that name yet since it's still good for another year.

Any advice is appreciated! I'm in. North Carolina my husband in Vancouver so no easy access to each other or fast way to mail forms back and forth!

 

[JulianaAndrew]

To be safe, just do your FBI report again. Make sure you go through the checklist this time, and double check everything. If it gets returned again, you should get someone else to review it before you submit it for a fourth time. I suggest you apply for the FBI thingy now.

 

[KBH]

Why didn't you include the Additional Family Info form? Are you referring to the correct checklist for your application?

The police check does not expire after 90 days, you can use it as long as it is dated within 6 months prior to you submitting your application.

 

[JulianaAndrew]

Use this link to get all the forms you need, and you can take a peep at the guides as well.
http://www.cic.gc.ca/english/information/applications/spouse.asp

 

[Cheryllove]

The paperwork said it was good for 90 day and they MAY reject it if longer. The Additional family members was left off because we have no dependents and a lawyer friend of my husband said just skip that part.... Isn't an immigration lawyer so shouldn't have listened to him but it sounded reasonable given no dependents. Good idea to have it checked by someone that specializes in immigration! Will definitely talk to husband about it! NOONE here in NC knows two hoots about Canadian immigration!! Is there a number I can call from the US that would know how long my FBI check is for?

 

[Cheryllove]

Why didn't you include the Additional Family Info form? Are you referring to the correct checklist for your application?

The police check does not expire after 90 days, you can use it as long as it is dated within 6 months prior to you submitting your application.

Copy and pasted this from CIG website...

" In general, the only way to pass the Canadian immigration security clearance is to include an original Police Certificate issued directly by the FBI less than three months before your CIC application submission date. If you include a photocopy of your FBI clearance letter instead of the original, your Canadian immigration application may be denied.

If your FBI police clearance letter was issued more than three months before the date you submit your Canada permanent residency application to the CIC; the security clearance may be considered expired, and your application could be denied. The CIC needs a recent Police Certificate in order to accurately determine an applicant's admissibility, and consequently, the FBI clearance letter expiry date is only 90 days after issuance. For this reason, you should not bother getting one too far in advance of submitting your Canada immigration application otherwise it could expire, and you will be stuck undergoing the entire process again. "

 

[Cheryllove]

It was submitted WITH the first submission well within the time frame but since sent back twice the 90 days is expired.

 

[KBH]

Copy and pasted this from CIG website...

" In general, the only way to pass the Canadian immigration security clearance is to include an original Police Certificate issued directly by the FBI less than three months before your CIC application submission date. If you include a photocopy of your FBI clearance letter instead of the original, your Canadian immigration application may be denied.

If your FBI police clearance letter was issued more than three months before the date you submit your Canada permanent residency application to the CIC; the security clearance may be considered expired, and your application could be denied. The CIC needs a recent Police Certificate in order to accurately determine an applicant's admissibility, and consequently, the FBI clearance letter expiry date is only 90 days after issuance. For this reason, you should not bother getting one too far in advance of submitting your Canada immigration application otherwise it could expire, and you will be stuck undergoing the entire process again. "

This information is from a third party website and directly contradicts the information on the CIC website, which states that the certificate is good for 6 months. The only website you should rely on for information is the CIC website.

 

[Forte]

Form 5406? Gosh that lawyer friend!

 

[Wakki]

I have a few questions... This process is getting very frustrating. We got married in August and first submitted the application in October after my FBI background check came in. ( I applied early for it cause it takes up to 16 weeks to get) They kicked it out in Nov because we used wrong year form. Refilled it and resubmitted it mid November. This past weekend they sent it back because we didn't complete the additional family form. Now have that completed and ready to resubmit. Question is... Now it is past the 90 days my FBI background check is supposed to be good for!! (They actually sent it back on day 93).... Do I have to do another background check all over again and wait another 16 weeks before resubmitting or just resubmit and cross fingers. ( May get another background check done in the meantime just in case. Which raises another question.

I had to change my name with social security after we married since I am collecting social security retirement benefits. My FBI report was first done under my previous name as is the application and my passport. Do I need to redo background check in my married name or my name in application? I was advised to get it done under both. My application is supposed to match my passport and have not changed that name yet since it's still good for another year.

Any advice is appreciated! I'm in. North Carolina my husband in Vancouver so no easy access to each other or fast way to mail forms back and forth!

IRCC Spousal Sponsorship Checklist.....
https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5533e.pdf

 

[canuck_in_uk]

Copy and pasted this from CIG website...

" In general, the only way to pass the Canadian immigration security clearance is to include an original Police Certificate issued directly by the FBI less than three months before your CIC application submission date. If you include a photocopy of your FBI clearance letter instead of the original, your Canadian immigration application may be denied.

If your FBI police clearance letter was issued more than three months before the date you submit your Canada permanent residency application to the CIC; the security clearance may be considered expired, and your application could be denied. The CIC needs a recent Police Certificate in order to accurately determine an applicant's admissibility, and consequently, the FBI clearance letter expiry date is only 90 days after issuance. For this reason, you should not bother getting one too far in advance of submitting your Canada immigration application otherwise it could expire, and you will be stuck undergoing the entire process again. "

Copied and pasted from the IRCC website, the only one you should be looking at:

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/police-certificates/about.html

If you need a police certificate from a country or territory and:

are currently living there, or received the police certificate before leaving, the police certificate must be issued within six months before you apply

 

[jordo]

Have you checked to see if you qualify to use a FBI channeler to process your FBI background check? Turnaround time is about 1-3 weeks. See Option 2 here: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/police-certificates/how/united-states.html

Anyway, what is the date on your current FBI check? 6 months back from today is July 29. Assuming CIC receives your 3rd attempt by the end of this week your FBI check is good if dated after Aug 2.

One more thing I'd like to point out.... you need to check if any of the forms have a new version. If they do, you'll need to replace old versions of the forms you may have had returned to you.

A quick looks shows that many of the spousal forms were updated in Oct 2017. Since you resubmitted in November you should be fine, but use this link to search by form number to see if you have the most recent version
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides.html

 

[Miraclejj]

Form 5406? Gosh that lawyer friend!

I bet they didn't fill and sent the IMM5406 (Additional Family Information Form), since their lawyer friend said that they shouldn't bother to fill the dependents section on IMM 0008.

 

[jordo]

I bet they didn't fill and sent the IMM5406 (Additional Family Information Form), since their lawyer friend said that they shouldn't bother to fill the dependents section on IMM 0008.

Well, at least OP is in better hands here with many people willing to help and answer questions.

 

[Miraclejj]

Well, at least OP is in better hands here with many people willing to help and answer questions.

Well, the OP's lawyer friend actually was right about the dependents section, but the lawyer failed to mention them to fill the IMM5406, which is a complete different animal than the dependent section on IMM0008. Anyway, I bet the OP is an US citizen, and should be qualified for FBI channeler services, which it only takes 2-3 weeks to obtain a new FBI Rap sheet.