please help (green card holder living in the states, married to canadian)

[sdmmp]

Hello i was wondering if anyone can help us on our case.

I'm a filipino citizen with a green card holder living in the united states for 7+ years (i know im also long over due to process my american citizenship). my husband is a canadian citizen and is currently living in canada. we got married august 2013. travelling back and forth to the states and canada to spend time with each other was never really the issue. we both agreed to wait a year or 2 until things are concrete and we can settle wherever we may decide when that time comes. however 4 weeks ago, we found out that i am pregnant.

our first priority here is our baby and its not just about ourselves now. i know sponsoring him to come to the US as a green card holder may take a year or more and maybe less if i process my citizenship first. i dont know how canada immigration works.i mean we have been looking into it but could not find answers to our question.

my question is: is it better for him to sponsor me? and does anyone know how long it takes?

 

[vermanaman]

Hello i was wondering if anyone can help us on our case.

I'm a filipino citizen with a green card holder living in the united states for 7+ years (i know im also long over due to process my american citizenship). my husband is a canadian citizen and is currently living in canada. we got married august 2013. travelling back and forth to the states and canada to spend time with each other was never really the issue. we both agreed to wait a year or 2 until things are concrete and we can settle wherever we may decide when that time comes. however 4 weeks ago, we found out that i am pregnant.

our first priority here is our baby and its not just about ourselves now. i know sponsoring him to come to the US as a green card holder may take a year or more and maybe less if i process my citizenship first. i dont know how canada immigration works.i mean we have been looking into it but could not find answers to our question.

my question is: is it better for him to sponsor me? and does anyone know how long it takes?

I cant tell you for sure if it is better for him to sponsor you...as it depends where you want to settle. Out of canada spousal sponsorship applications take about 12 months (one year) or so for processing....so I guess its more or less the same.
If you want to come to canada and settle, apply for spousal sponsorship for Canadian PR....if your husband plans to move to USA, apply for spousal sponsorship for him to come to US. You can apply for your citizenship in the meantime as well.

 

[Ponga]

You should also carefully consider where you want to deliver your baby.

Since you are married to a Canadian, would it be better to be in Canada (and would that in itself give the baby Canadian citizenship)?

Canada's PR requirements for residency are not as strict as the US Green Card requirements. You have to live 730 days out of 5 years to keep PR in Canada (2 years out of every 5). You would both need to live 6 months out of every year in the US, to each keep your Green Card status.

My suggestion is to sit down ASAP and try to figure out now, where you think you'd like to be, when you start your new family.

 

[vermanaman]

You should also carefully consider where you want to deliver your baby.

Since you are married to a Canadian, would it be better to be in Canada (and would that in itself give the baby Canadian citizenship)?

Canada's PR requirements for residency are not as strict as the US Green Card requirements. You have to live 730 days out of 5 years to keep PR in Canada (2 years out of every 5). You would both need to live 6 months out of every year in the US, to each keep your Green Card status.

My suggestion is to sit down ASAP and try to figure out now, where you think you'd like to be, when you start your new family.

I completely agree with Ponga...It is for you and your family to decide where you want to settle...If you want to keep both options open, you can get your US citizenship...Your child automatically gets US and Canadian citizenship (since father is canadian and mother is American).

 

[sdmmp]

I cant tell you for sure if it is better for him to sponsor you...as it depends where you want to settle. Out of canada spousal sponsorship applications take about 12 months (one year) or so for processing....so I guess its more or less the same.
If you want to come to canada and settle, apply for spousal sponsorship for Canadian PR....if your husband plans to move to USA, apply for spousal sponsorship for him to come to US. You can apply for your citizenship in the meantime as well.

thank you for your response.i dont know how canada immigration works. ive been in canada twice the past 5 months, canadian borders don't necessarily require a visa for us citizen/filipino citizen with green card such as myself. however we want to settle for something a little permanent even just for a while. i was wondering do i get a PR as soon as i land in canada? or do we have to wait for it? if so, do you know how long?

 

[sdmmp]

You should also carefully consider where you want to deliver your baby.

Since you are married to a Canadian, would it be better to be in Canada (and would that in itself give the baby Canadian citizenship)?

Canada's PR requirements for residency are not as strict as the US Green Card requirements. You have to live 730 days out of 5 years to keep PR in Canada (2 years out of every 5). You would both need to live 6 months out of every year in the US, to each keep your Green Card status.

My suggestion is to sit down ASAP and try to figure out now, where you think you'd like to be, when you start your new family.

thanks for the response. i know babies born in the USA have the "right to soil" regardless what their parents citizenship status is. i think same goes for canada although im not 100% sure. we are keeping both options open. time is our enemy. and for now we just want to settle to whichever is the fastest and whichever can guarantee that we will both be able to have work.

us immigration laws guarantee green card on arrival (with of course the right papers) i dont know if its the same for canada. will i be able to get a PR on arrival? or do we have to wait?

 

[vermanaman]

thanks for the response. i know babies born in the USA have the "right to soil" regardless what their parents citizenship status is. i think same goes for canada although im not 100% sure. we are keeping both options open. time is our enemy. and for now we just want to settle to whichever is the fastest and whichever can guarantee that we will both be able to have work.

us immigration laws guarantee green card on arrival (with of course the right papers) i dont know if its the same for canada. will i be able to get a PR on arrival? or do we have to wait?

You should check your sources...what do you mean by PR on arrival? you need to apply for PR both in US and Canada - both the countries take about one year to approve your application...once approved you can land in Canada/US to complete the process.

With your greencard..you can enter canada but can only stay upto 6 months as a visitor. Just so you know.

 

[Ponga]

I agree with Vermanaman...you need to check your sources, and make sure you understand the process.

There is no Landing or PR until you get through the application process, which will be ~ 12 months Outland and up to ~22 months Inland, with the requirement that you remain in Canada and cannot work [in Canada] until your husband has been approved to sponsor you (if you file Inland). This is the stage 1 approval, when you are given an AIP (Approval In Principle) and simply means that since your sponsor has been approved, they're giving you the benefit of the doubt (regarding your approval [stage 2]) unless they discover something that would warrant the application to be denied in your part of the application, or if they doubt the credibility of the relationship/marriage.

The AIP allows you to apply for an Open Work Permit (OWP). If you do decide to apply Inland, you should consider sending the OWP at the same time. Please know that the OWP will not be processed until you receive your AIP, but if you send it with the sponsorship application, it minimizes the delay for the OWP.

So, there is no fast track to getting through this, if you both want to live together and continue working. One of you would have to stop working if you move across the border...unless you work close enough to your spouse's home and could commute across the border I suppose. :-\

Personally, IMHO, it looks like applying for Canadian PR is your best option, due to the tighter restrictions on the US Green Card's residency requirements.
Whether to apply Inland versus Outland is your choice, but...call me old fashioned...I hope you end up applying Inland so that you can spend the time waiting for your OWP, loving and caring for your new baby. Maybe your husband will have to work a bit harder and/or take a second job until you get your OWP.

Good luck!

 

[sdmmp]

You should check your sources...what do you mean by PR on arrival? you need to apply for PR both in US and Canada - both the countries take about one year to approve your application...once approved you can land in Canada/US to complete the process.

With your greencard..you can enter canada but can only stay upto 6 months as a visitor. Just so you know.

i am aware i can stay in canada as a visitor with my greencard. i was in toronto for a week in july and 3 weeks in october. i dont think i can stand being in canada for 6 months, not working and be a burden haha.

i apologize for the confusion. what i was trying to say was: "what if" we processed the application and everything went through and have the proper documents (VISA etc) when i land in canadian soil , what will my status be? i guess i just didnt understand the difference between landing or PR. i was wondering if i have to apply to be a PR afterwards?

i was petitioned by my parents to come to the US couple years ago. i remember i got my social security the next day, and california ID the day after, a week later i received my green card by mail. one of a few important documents that will allow me to go to school and work legally.

i was wondering if immigration to canada works like the usa after the application process of course. i always thought that US borders are more tighter and strict when it comes to immigration laws.

 

[sdmmp]

I agree with Vermanaman...you need to check your sources, and make sure you understand the process.

There is no Landing or PR until you get through the application process, which will be ~ 12 months Outland and up to ~22 months Inland, with the requirement that you remain in Canada and cannot work [in Canada] until your husband has been approved to sponsor you (if you file Inland). This is the stage 1 approval, when you are given an AIP (Approval In Principle) and simply means that since your sponsor has been approved, they're giving you the benefit of the doubt (regarding your approval [stage 2]) unless they discover something that would warrant the application to be denied in your part of the application, or if they doubt the credibility of the relationship/marriage.

The AIP allows you to apply for an Open Work Permit (OWP). If you do decide to apply Inland, you should consider sending the OWP at the same time. Please know that the OWP will not be processed until you receive your AIP, but if you send it with the sponsorship application, it minimizes the delay for the OWP.

So, there is no fast track to getting through this, if you both want to live together and continue working. One of you would have to stop working if you move across the border...unless you work close enough to your spouse's home and could commute across the border I suppose. :-\

Personally, IMHO, it looks like applying for Canadian PR is your best option, due to the tighter restrictions on the US Green Card's residency requirements.
Whether to apply Inland versus Outland is your choice, but...call me old fashioned...I hope you end up applying Inland so that you can spend the time waiting for your OWP, loving and caring for your new baby. Maybe your husband will have to work a bit harder and/or take a second job until you get your OWP.

Good luck!

can you please explain to me the difference of landing and PR? this is the part that confuses me most. i mean, does landing in canadian soil with landing papers means i get PR afterwards? or do i have to apply for it? or if i apply for it do i have to wait another year or two? :'( :'( :'(

 

[vermanaman]

No- You apply for PR and get all approvals and come to canada. When you land in canada they will stamp your passport as immigrant...You will have a PR Status. You will receive your PR card in a couple of months (it takes really long in Canada for some reason)

 

[canuck_in_uk]

thanks for the response. i know babies born in the USA have the "right to soil" regardless what their parents citizenship status is. i think same goes for canada although im not 100% sure. we are keeping both options open. time is our enemy. and for now we just want to settle to whichever is the fastest and whichever can guarantee that we will both be able to have work.

Which province does your partner live in?

Most provinces will not provide you with health coverage until you are a PR. If you go to one of those provinces and have your baby while on visitor status, you will be required to pay all medical costs. An easy pregnancy and delivery will cost thousands of dollars. If there are any complications, it will cost a LOT more. No insurance company will cover your pregnancy, as the costs can run very high. See this article for an example http://www.cbc.ca/news/canada/british-columbia/b-c-baby-costs-aussie-couple-1m-1.1197529

Depending on what province he is in and whether you have health coverage in the US, it might be better for you to plan to have the baby in the US.

 

[Leon]

So your status is US green card and your partner is Canadian. If you have health insurance that covers child birth in the US, you might want to consider having the baby there to give it dual citizenship. It would gain US citizenship if born in the US and Canadian because the father is Canadian. If the child were born in Canada, it would have no status in the US because you only have a green card there, not citizenship. However, I am sure that like in Canada, the US would allow you to sponsor your baby for US green card.

Another reason to have the baby born in the US would be that you may not get health coverage in Canada in time for the delivery which means you'd have to pay and that can get expensive.

If you want to live in Canada in the future, your husband should sponsor you for PR. He can apply to sponsor you now while you live in the US. This would be called an outland application. You are still free to visit him but your application will be processed in the visa office in Manila or in the US depending on your choice. If an interview is required, it will happen at that visa office so you would be wiser to choose the US.

Another option of PR sponsorship would be inland which means you would have to go to Canada and stay with your husband throughout the processing time of the application which can take a couple of years. However, you could have an open work permit after around 10 months if you apply for one. With outland though the US, you would likely have your PR itself in 10 months so I think it is a better option for you.

Once you get the PR visa, you have to "land". If you have the PR visa and you enter Canada, they will process your PR and you will get your PR card mailed to you. You can go right away after your landing and apply for a SIN (social insurance number) and start to look for work. Health care depends on the province. If your husband lives in BC, ON or Quebec, you would have a 3 month waiting period to get coverage. Any other province would cover you right away as a newcomer PR.