Question about immigration outside Canada

[ardiem0107]

I will be beginning the application to immigrate my wife from the US to Canada in April after being married for 18 months and together for over 7 years.

I'm aware of costs, where to get the paperwork and all of what to do at this point. What I would like to know, and cannot find a straight answer to, is if she is allowed to come live with me during the entirety of the immigration from outside Canada application process, which we are aware can take upwards of 10-14 months total.

Do I need to apply for a visitor visa at the same time? If so, what are rules to this? Is she allowed to stay for 6 months, apply to stay another 6 months and then "flagpole" to come back after a short trip home?

Any advice into this is greatly appreciated.

 

[Sweden]

yes - she is allowed to come with you. There is no guarantee that she will be let in, but for US citizen it's quite rare to be denied entry.

However she can not "move" to Canada until she gets her PR. She can "visit" you in Canada - in effect it doesn't change anything but at the border it's important to choose your words wisely. It also means that if she shows up with a full truck, it will look like she is moving, and she might be refused.
With an outland application, she can be anywhere, including in Canada. She can come as a tourist, and ask for 6 months. It usually helps if she travels with you, and if you have already applied for the PR. If you have sent your application, carry the proof with you. If you have received the first stage approval ( at the moment 21 days), then carry that, it shows that you are serious about getting her PR.
You don't need to apply for a visitor visa with the application. it's a different process.
She can ask for a tourist visa at the border, and when asked for how long, you can say 6 months - that's the maximum you can get at the border. Then, 30 days before the expiry of her visa, you can send a request for an extension - you can do it online. They will send you a "visitor record" - and the extension by post. Don't hesitate to ask for a year, explaining that you have applied for PR. Some members got it.
There is no maximum number of time you can ask for an extension. So if she gets 6 months, then 6 months again and the PR is still not issued, then she can request a 3rd extension... etc.
Good luck,
Sweden

 

[ardiem0107]

That was exactly the information I was looking for! Thank you so much

 

[Sweden]

That was exactly the information I was looking for! Thank you so much

you're welcome! there are plenty of US/Can couples on this forum, so if you have specific "US related" questions, don't hesitate... from what I know, getting the FBI clearance takes quite a while, so if you're planning on applying in april, it's worth getting the FBI request already now, it should be coming back sometimes in April. Leave the medicals for the last minute before sending your application, so you won't have to get an extension later on. Being married with 18 months and together for 7years, you probably have a strong application, so you might get done faster than the 10-14 months indicated on the website.
Sweden

 

[ardiem0107]

FBI clearance takes quite a while

Not familiar with FBI clearance. I'm assuming this is done on my wife's part? Where might she be able to start this so that it can be done by around the time I start the paperwork?

Thanks again

 

[Sweden]

Not familiar with FBI clearance. I'm assuming this is done on my wife's part? Where might she be able to start this so that it can be done by around the time I start the paperwork?

Thanks again

the applicant has to get a police certificate ( FBI Clearance for US citizen) for every country she has lived in for 6 months or more (for the last 10 years or since she was 18, whichever comes first).
I strongly suggest that you download the guideline, and read through it to get ready. The FBI is the one that takes quite some time ( up to 3 months, according to the website it's between 16 to 18 weeks ) to get back, so she should definitely apply now, so you will have it to send with the rest of the application.

see here http://www.fbi.gov/about-us/cjis/background-checks/background_checks

From what I remember, you have to submit it to the FBI directly, I don't think that CIC allows the ones through a channeler.

 

[Hnhkrk]

I do not 'live' with my husband, but I have been staying with him in Quebec while our application went through the normal process for the past 8 months. After 6 months I was required to apply for a Visitor's Visa Extension that was accepted, and now I am allowed to stay in Canada for a full year. For Americans this process is easy because we are visa exempt, but it is not the same case for people in other countries. I cannot work, and I cannot go to school so I do go stir crazy sometimes but we are reaching the end of our application process and I'm seeing the light at the end of the tunnel.

I too suggests that you download and read through the guide before your fiancee comes to stay with you. Before I left the US I had all of the documents and information I needed to apply for PR aside from my medical and passport pictures, which I had done in Montreal.

A FBI request is basically a background check conducted by the FBI through means of finger prints. It proves that you wife has no criminal record that would make her inadmissible to Canada. Your wife can have her finger prints taken at her local police station or a channelers office. If she chooses to have her finger prints done at the police station she needs to make sure to get them done multiple times, as many people have them sent back because they're not 'readable'. If she has her finger prints done at a channelers, but careful to make it clear that you only want you finger print taken and you do not went them to send the request. You wife has to send that herself, as the CIC does not accept anything that comes from a channeler.

Oh, and my FBI request only took me a month to receive back and they didn't charge me. I had no criminal history and was only 18 at the time, so perhaps that helped. Either way, if it takes a long time to receive a relative can always e-mail your wife her results in Canada if she's left before they've been received.

Please, don't hesitate to ask any question. Although the guide was very helpful, these forums are what have made it possible for me to get through the whole process! Good luck!

 

[amikety]

FBI clearance took me five week and I live in Calgary - used regular mail.

I've been "visiting" since July 2011

 

[ardiem0107]

FBI clearance took me five week and I live in Calgary - used regular mail.

I've been "visiting" since July 2011

Nice. Good to know we can extend a stay that long. Going with the tourist visa route once she comes here this summer.

 

[ardiem0107]

I too suggests that you download and read through the guide before your fiancee comes to stay with you. Before I left the US I had all of the documents and information I needed to apply for PR aside from my medical and passport pictures, which I had done in Montreal.

That raises another question. What parts of the application must be sent first? Or is it all at once?

If we have to wait for her background check to come back, assuming weeks of waiting, do we just not submit anything until she comes to visit in June?

 

[Sweden]

That raises another question. What parts of the application must be sent first? Or is it all at once?

If we have to wait for her background check to come back, assuming weeks of waiting, do we just not submit anything until she comes to visit in June?

all together. read the first part of the thread here "spousal sponsorship" by Leon - just the first page it will give you an overview.

 

[amikety]

Nice. Good to know we can extend a stay that long. Going with the tourist visa route once she comes here this summer.

Once you file, you can join the Ottawa spreadsheet. The link is in my signature.

It's always best to send a complete package. Sometimes, CIC will return packages for being incomplete.

That doesn't mean it has to be perfect.... >.> If you make any booboos, you can always fax over new forms.... say if you forget to declare that rejected study permit you applied for in Canada. (Nah, I really though CIC would NEVER figure that one out...... )