Needing Advice.. please help!!

[uscancouple]

I'm very thankful for this site as it's helping answer many questions but i still have many unanswered questions. Here is the situation.

My husband(American) and I (Canadian) have been married for 8 years(Married in BC). We moved back to BC 4 years ago due to a tough economy and I had gone back to work to provide for us. Barely making it we haven't been able to spare extra money to get his immigration paperwork done till now and of course overstayed his stay due to finances and not being able to travel back to the USA to reinstate his status. Another thing is that we are expecting a baby in April 2013 and Maternity Pay will not be able to cover our day to day expenses so he will need to get working ASAP.

We have considered both applying Outbound because it is faster but also Inland as it seems now the 1st Stage is 6 months in which he will be able to get a Work Permit, is this correct?

We are gathering and filling in all the paperwork right now but also see that the criminal record check will take time to get back. Do you think sending everything off but the criminal record check will be of harm? We would send it in as soon as we receive it back from the FBI.

My hopes is to get through the 1st Stage and get the work permit and we would be good from there to provide any additional documents they would need.

Thank you so much if you are able to provide any advice or feedback it is much appreciated!!

 

[gsize]

I'm very thankful for this site as it's helping answer many questions but i still have many unanswered questions. Here is the situation.

My husband(American) and I (Canadian) have been married for 8 years(Married in BC). We moved back to BC 4 years ago due to a tough economy and I had gone back to work to provide for us. Barely making it we haven't been able to spare extra money to get his immigration paperwork done till now and of course overstayed his stay due to finances and not being able to travel back to the USA to reinstate his status. Another thing is that we are expecting a baby in April 2013 and Maternity Pay will not be able to cover our day to day expenses so he will need to get working ASAP.

We have considered both applying Outbound because it is faster but also Inland as it seems now the 1st Stage is 6 months in which he will be able to get a Work Permit, is this correct?



We are gathering and filling in all the paperwork right now but also see that the criminal record check will take time to get back. Do you think sending everything off but the criminal record check will be of harm? We would send it in as soon as we receive it back from the FBI.

My hopes is to get through the 1st Stage and get the work permit and we would be good from there to provide any additional documents they would need.

Thank you so much if you are able to provide any advice or feedback it is much appreciated!!

You need to have a back up plan. Best not to rely on timelines since they always fluctuate and you dont need more stress than necessary.

 

[amikety]

I'm very thankful for this site as it's helping answer many questions but i still have many unanswered questions. Here is the situation.

My husband(American) and I (Canadian) have been married for 8 years(Married in BC). We moved back to BC 4 years ago due to a tough economy and I had gone back to work to provide for us. Barely making it we haven't been able to spare extra money to get his immigration paperwork done till now and of course overstayed his stay due to finances and not being able to travel back to the USA to reinstate his status. Another thing is that we are expecting a baby in April 2013 and Maternity Pay will not be able to cover our day to day expenses so he will need to get working ASAP.

We have considered both applying Outbound because it is faster but also Inland as it seems now the 1st Stage is 6 months in which he will be able to get a Work Permit, is this correct?

We are gathering and filling in all the paperwork right now but also see that the criminal record check will take time to get back. Do you think sending everything off but the criminal record check will be of harm? We would send it in as soon as we receive it back from the FBI.

My hopes is to get through the 1st Stage and get the work permit and we would be good from there to provide any additional documents they would need.

Thank you so much if you are able to provide any advice or feedback it is much appreciated!!

If you apply Inland, your husband may get a work permit faster than his PR applying Outland. I would recommend he fix his status before applying, however, as that's just another area for Immigration is look at and pick apart. Also, just because the average is 6 months, doesn't mean it will definitely happen. It could be longer or shorter - and how well your application is put together can effect this.

You can mail the FBI paperwork separately, but this isn't recommended. It's best to have everything in your file together. It wouldn't be very good if your application was returned because they couldn't place the FBI check with the application.

Since you're having problems with finances, you can also pay the fees separately, althought this isn't recommended either as it slows down your processing time. (I'm assuming here your husband has exhausted job options and been unable to find a job that provides a LMO.)

I know it will be tough on you, but it's best to be patient and do everything as one complete package.

One idea to consider (and don't hate me for suggesting this) is having him return to the USA and stay with a relative or a friend, find work, and save money temporarily while you remain in Canada and sponsor him Outland. 80% of Outland USA applications take 10 months and some are shorter. Some of the forum members here have timelines of 6-7 months. I know this option doesn't sound pleasant. I would hate hearing it too... but it IS an option.

 

[uscancouple]

Thank you so much for your advice!!

 

[Hnhkrk]

After reading your complicated story, my heart goes out to you!

The first thing that I suggest you do is have your husband gain proper status in Canada by filling out an Application to Change Conditions or Extend Your Stay. From what I understand your husband will have Implied Status while the application is in process. However, if you husband is denied an extension he will have to go back into the States and re-enter Canada at a different time.

After your sort the you Extension, I suggest applying Outland. Your husband will have Implied Status while the application is in process and he will be able to apply for a Work Permit.

Hope this helped!

 

[amikety]

After reading your complicated story, my heart goes out to you!

The first thing that I suggest you do is have your husband gain proper status in Canada by filling out an Application to Change Conditions or Extend Your Stay. From what I understand your husband will have Implied Status while the application is in process. However, if you husband is denied an extension he will have to go back into the States and re-enter Canada at a different time.

After your sort the you Extension, I suggest applying Outland. Your husband will have Implied Status while the application is in process and he will be able to apply for a Work Permit.

Hope this helped!

I don't believe Outland applications are given implied status, but I could be wrong. I'm under the impression that's for Inland applications.

http://www.canadavisa.com/canada-immigration-discussion-board/-t115538.0.html

He can apply for a work permit as a Visitor, but unless he finds a job with a LMO offer, it will most likely be declined. In fact, unless he has a LMO, he needs to apply for a work permit outside of Canada (I know this from personal experience).

 

[parker24]

After reading your complicated story, my heart goes out to you!

The first thing that I suggest you do is have your husband gain proper status in Canada by filling out an Application to Change Conditions or Extend Your Stay. From what I understand your husband will have Implied Status while the application is in process. However, if you husband is denied an extension he will have to go back into the States and re-enter Canada at a different time.

After your sort the you Extension, I suggest applying Outland. Your husband will have Implied Status while the application is in process and he will be able to apply for a Work Permit.

Hope this helped!

No, you cannot get implied status with outland. Hubby (American) is on his second extension, going on his third. The implied status is only for Inland.

 

[Hnhkrk]

No, you cannot get implied status with outland. Hubby (American) is on his second extension, going on his third. The implied status is only for Inland.

I wasn't talking about the PR application, I was talking about the Extension application. For example: If your Visa expires while the extension application is in process, you're allowed to stay in the country on Implied Status.

 

[parker24]

I wasn't talking about the PR application, I was talking about the Extension application. For example: If your Visa expires while the extension application is in process, you're allowed to stay in the country on Implied Status.

Ah yes. This is true You get the implied status until you hear yay or nay

 

[tamarindball]

I dont think that's quite true. I was told by CIC that implied status is given to persons with a temporary resident visa who have applied for an extension to remain in the country. Has nothing to do with your application for PR, even though that could be a reason for your request, but you can get implied status whether you're even applying for PR and whether you applied outland or inland.

 

[Hnhkrk]

I dont think that's quite true. I was told by CIC that implied status is given to persons with a temporary resident visa who have applied for an extension to remain in the country. Has nothing to do with your application for PR, even though that could be a reason for your request, but you can get implied status whether you're even applying for PR and whether you applied outland or inland.

That is true. In fact, this is pretty much what I said. When I was talking about Implied Status I was talking about how he would receive it while the Extension was processing, not while the PR was processing. I didn't mention the PR anywhere when I mentioned Implied Status. I was misunderstood.

When you apply for Visa Extension: You get Implied Status until the Decision is made.
When you apply for PR Inland: You get Implied Status until the Decision is made.
When you apply for PR Outland: You do not get Implied Status