need help! not sure where to begin

[canadianwife43]

Ok, so my husband immigrated here to the US, six years ago(big mistake).. he worked and live here with me. Recently about a month ago, he lost his job and we are now wanting very much to move back. However i am an American citizen he is Canadian,he wants to move there, and sponsor me to become a permanent resident. We want to do this while I live there with him(my daughter and i) she is 19. we have been married long enough to prove a legitimate marriage. Please someone tell me how we can do this.

 

[Baloo]

Start reading here
http://www.cic.gc.ca/english/immigrate/sponsor/index.asp


Better link http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

we have been married long enough to prove a legitimate marriage.

Immigration decide that, but you know that already



Ask more questions

 

[MandiF]

And if you look at the very first post on this thread http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html it has a lot of information that's really helpful.

 

[Jurjen]

First decide if you want to move to Canada and then start the immigration procedure (in-land application), or you want to settle things before moving (out-land application). After deciding that, choose the appropriate package of forms (and its guide). The guide should contain all the info you need. In the case of uncertainties: call CIC hotline or consult the lovely and helpful members on this website.

 

[beauhoe]

Ok, so my husband immigrated here to the US, six years ago(big mistake).. he worked and live here with me. Recently about a month ago, he lost his job and we are now wanting very much to move back. However i am an American citizen he is Canadian,he wants to move there, and sponsor me to become a permanent resident. We want to do this while I live there with him(my daughter and i) she is 19. we have been married long enough to prove a legitimate marriage. Please someone tell me how we can do this.

Dear friend,
You are lucky and your husband is a canadian. Do not wait and question the procedure. He can be your sponsor and I think this is the right time to do it. US economy is not going to get better any time soon. You don't need a visa to come here and as soon as you guys arrived put your papers together and send it to CIC. It will take less than a year to get your PR. Are you working in the US?
Cheers,

 

[beauhoe]

Sometimes it is not easy but just be positive and we will be praying for you guys.
Cheers,

 

[RobsLuv]

First decide if you want to move to Canada and then start the immigration procedure (in-land application), or you want to settle things before moving (out-land application). After deciding that, choose the appropriate package of forms (and its guide). The guide should contain all the info you need. In the case of uncertainties: call CIC hotline or consult the lovely and helpful members on this website.

This isn't correct. You don't have to apply "inland" just because you want to be in Canada with him during processing. People with proper temporary status in Canada can still have their applications processed through the embassy that represents their home country (Buffalo for US citizens) and it's a lot faster that way. He can even start the application process before you guys come to Canada - you can't do that with an inland ap. There are quite a few reasons that inland is not the best option for most people - including the loss of appeal rights.

Check out the US2Canada website for specific support and info for US spousal applicants.

 

[scylla]

RobsLuv has provided great advice (as usual).

 

[beauhoe]

This isn't correct. You don't have to apply "inland" just because you want to be in Canada with him during processing. People with proper temporary status in Canada can still have their applications processed through the embassy that represents their home country (Buffalo for US citizens) and it's a lot faster that way. He can even start the application process before you guys come to Canada - you can't do that with an inland ap. There are quite a few reasons that inland is not the best option for most people - including the loss of appeal rights.

Check out the US2Canada website for specific support and info for US spousal applicants.

I totally agree with you, but in this case the husband is canadian, I think once they get in Canada it is just going to be a matter of applaying, she is not going to have any problem with her daughter. I wish them all the best.
Cheers,

 

[RobsLuv]

I totally agree with you, but in this case the husband is canadian, I think once they get in Canada it is just going to be a matter of applaying, she is not going to have any problem with her daughter. I wish them all the best.
Cheers,

Actually, that isn't the point. Since he is Canadian, he can start the application process while he's still in the States . . . . but only if they apply outland. Also, applying inland means that applicants forfeit their right to appeal a refusal - and this is really important. Inland should only be used when there is an advantage to the applicant, for example, when they are from a non-visa-exempt country and are in Canada illegally, or when they are non-visa-exempt and are not in a position to travel home if there is an interview (because non-visa-exempt applicants for PR will not be issued temporary status to come back to Canada if they leave.) Inland vs outland is NOT about where the applicant is staying during processing, so you can't just say "Apply inland if you want to be in Canada during processing, or outland 'if you want to settle things before moving'". It's just not that simple.

In addition, there could easily be problems with the daughter because of her age. She is a legal adult - and there can be complications associated with that. Just take a look at my signature timeline - all the result of an inadmissible 19 year old son who was not in Canada, and who wasn't even coming to Canada in the first place. People should not just give up their appeal rights - not unless they have to. You never know when an application can just go off the rails and, if you're in Canada applying inland and the ap is refused, you're gone.

 

[beauhoe]

Actually, that isn't the point. Since he is Canadian, he can start the application process while he's still in the States . . . . but only if they apply outland. Also, applying inland means that applicants forfeit their right to appeal a refusal - and this is really important. Inland should only be used when there is an advantage to the applicant, for example, when they are from a non-visa-exempt country and are in Canada illegally, or when they are non-visa-exempt and are not in a position to travel home if there is an interview (because non-visa-exempt applicants for PR will not be issued temporary status to come back to Canada if they leave.) Inland vs outland is NOT about where the applicant is staying during processing, so you can't just say "Apply inland if you want to be in Canada during processing, or outland 'if you want to settle things before moving'". It's just not that simple.

In addition, there could easily be problems with the daughter because of her age. She is a legal adult - and there can be complications associated with that. Just take a look at my signature timeline - all the result of an inadmissible 19 year old son who was not in Canada, and who wasn't even coming to Canada in the first place. People should not just give up their appeal rights - not unless they have to. You never know when an application can just go off the rails and, if you're in Canada applying inland and the ap is refused, you're gone.

Good point, I hope she will read it and decide what it best for her family.
Cheers,

 

[canadianwife43]

to Robslove,..why was your son inadmissible? I read that as long as the child was under the age of 22, they were considered dependents. And the fact that we have been married almost 7 years should count for something. My daughter is partially dependent on me,( not handicapped, or challenged). She has to come with me,she cant be left behind. What kind of situation would make her inadmissible? Any examples?

 

[beauhoe]

to Robslove,..why was your son inadmissible? I read that as long as the child was under the age of 22, they were considered dependents. And the fact that we have been married almost 7 years should count for something. My daughter is partially dependent on me,( not handicapped, or challenged). She has to come with me,she cant be left behind. What kind of situation would make her inadmissible? Any examples?

Dear friend,
Be positive and start putting your papers together. Try to avoid negative stuff. You just have to list your daughter as dependent and do medicals, background check/police clearance with her. I am sure that you guys are going to be okay.
Cheers,

 

[canadianwife43]

Thanks so much to beauhoe, i like positive thinking, I'm so excited and cant wait, I've been looking forward to this since my husband and I got married back in 2003, but at the time my mother was diagnosed with cancer and i was afraid she would die while i was there waiting, we then made the decision to stay here( big mistake),.she passed last May and i have no more family here, so we are making the move we should have made 7 years ago. I will be keeping in touch, thanks for all your advice!

 

[beauhoe]

Thanks so much to beauhoe, i like positive thinking, I'm so excited and cant wait, I've been looking forward to this since my husband and I got married back in 2003, but at the time my mother was diagnosed with cancer and i was afraid she would die while i was there waiting, we then made the decision to stay here( big mistake),.she passed last May and i have no more family here, so we are making the move we should have made 7 years ago. I will be keeping in touch, thanks for all your advice!

I am sorry for your lost... I am sure that there is a reason behind everything that comes in our life. It is not too late maybe it is the good time to move and 7 years ago wasn't the appropriate time to do it. You guys still have your good days ahead of you.
Take care and we will be praying for you all.
Cheers,