Questions about Inland App and Being Together, we need your help!

[greenteamochi]

Thank you for sharing your experiences Creampop. I have found myself being interrogated when I try to cross the border every time as well. I KNEW it would mean red flag when it happened. I freaked out over it a long time but now since I keep the document with me 9 times out of 10 I have been let through without having to go inside if I am honest with them. But...It makes me so nervous that I will be denied again and I spend 20 hours out of the day worrying about it. =( I wonder if there is a chance that I didn't have to sign that paper in the first place? (I was super pressured and terrified even though I was doing nothing wrong).

I am really glad to get the outland app experience from you. I cannot bring my husband with me though, so it's all me and the documents I have to try and prove it. Since he did cross with me recently and I was required to go inside they should have a record of him being with me, right? I always keep a letter with me that says he is willing to support me and a copy of his bank account (which really, is mine as well since it's joint so that's not really the issue).

It really sucks that such a huge part of my life is out of my hands. I pray sometimes before I go over the border that we can be together, and so far it has worked. =)

The Allowed to Leave order that you signed will be on your record permanently, this is what is known as a "red-flag". You will be questioned about it everytime you attempt to cross the border (unless you get a IO that really doesn't care). I don't think it's a new law, I been crossing for 13 years and anytime I brought boxes etc I had to prove (even let them open and look) more then if I were just bring a suitcase.

I know alot of people think that applying In-land is the only way to stay with your spouse, but this is not true. Out-land is much faster. In-land takes up to 19 months you have no right to appeal if denied but you can get a work permit in 11 months. Out-land takes bout 14 months to get PR in hand (which enables you to work), you have the right to appeal and you can still freely cross the border during the process. I got married April 7th went home waited for our marriage certificate to come and had my medical done. April 19th my husband drove down and picked me up, as soon as we drove up to the border we told the IO we wanted a visitor's record. (I was used to going into immigration cus of my red-flags) He asked us nothing else just gave us the paper to go inside. You must have your husband with you, he needs to tell the IO that you are his wife and that he intends to support you during your visit. (remember it's always a visit until you have the correct visa to be living here legally.) Have your marriage certificate, receipt showing the PR fees have been paid, copy of your application if it hasn't already been mailed or receipt showing it has been mailed already. The IO should give you a visitor's record usually they are longer then the normal 6 months but not always, I got 9 months. I asked about how to stay longer he said I can file for an extension from inside Canada, but since I was American if I didn't have PR approval in that time (since 80% of American applications are processed within 8 months) that hoping the border for a day should be no problem cus in that time I should have other proof to re-enter Canada like Sponsorship approval letter, letter asking for additional documents etc... Either way you decide to go GL!

 

[greenteamochi]

You also need to apply for an actual passport. You can't apply for PR with a passport card

Thank you so much for bringing this to my attention Scylla. I would not have even known! Applying for a regular passport asap. I owe you. =)

 

[computergeek]

That right of appeal doesn't matter if you aren't refused. If there are concerns about your relationship they will schedule an interview in either case and US/Canadian relationships are almost never questioned, let alone refused, because they don't fit the marriage-of-convenience model.

Many of the factors you listed are not so unusual. The point is the story that the evidence tells. The fact you persevered at coming to see him is actually great, because it makes you seem genuine and interested. It took us 7.5 months for the outland sponsorship route INCLUDING the 3 months for sponsor approval and my spouse and I had a very small wedding (um, two people plus the marriage commissioner) and no reception or party afterwards, either.

Good luck, regardless of what you decide.

 

[amikety]

Hi greenteamochi,

I think we might be twins separated at birth. I'm nuerotic to the point of obsession and I've asked many of the exact same questions you have. I worry about my relationship getting called out because I didn't invite my abusive parents to my wedding... but don't really want to run around telling Immigration they're abusive because I worry they might decide my husband is also abusive because I show a pattern.... Yes... nuerotic!

If there's any way I can help you, I'll do my best. Are you moving to Ontario? Alberta gives healthcare to any spouse as long as you're a resident, which is really nice. Also, if your husband has benefits at work, he may be able to add you regardless of immigration status (which is what my husband did) so you at least have some coverages. Ironically, my husband's benefits cover any medical work done in the USA.... hehe.

In Calgary, we have CIWA - a women's immigrant group. If you have time, search the web and look for a similiar group in your area. They give free legal help. (Anytime I can get free, I run!) The CIWA even helps read over application and gives advice, so definitely check it out. The wait time might be long to get help, but it takes so long to get back your police clearance anyway.

I've asked the exact same question you did about naughty emails, Skype chats, etc. I'll let you know any advice I get on that.

My husband and I are somewhat lacking in the evidence department as well. We don't do pictures. Besides our wedding we have TWO pictures together. We also can't find our itinerary for his trip to Ohio to visit me in Feb 2011 and no longer have access to my telephone from the US (including records of texting). (I've totally filed a compliant with the BBB over that one, however. Virgin is required to keep my phone records by Federal law. They're just being a-holes.) I worry about it a lot too. However, we can both try to relax on the knowledge that we are American and we have it easy, relatively speaking. Any lawyer you talk to will assure you Immigration doesn't look for nearly as much proof as spouses from most other countries. As long as you don't have any clear red flags, you should be fine. (I. E. not paying child support, history of murdering husbands, etc.)

Take a deep breath! Things will go just fine

 

[canadianwoman]

I'd apply outland, since it is usually faster for Americans than inland. With inland, you only get the right to work after the AIP, which can be about 9 months, though some have gotten it faster. The outland PR might be issued in the same amount of time.
With inland, if you leave Canada and are not allowed back in, your application is over. It's true that Americans don't usually have any trouble getting back in.
What province are you living in (oops, I meant visiting)? In some provinces, a spouse or partner waiting for a PR is allowed health coverage - in Alberta, for eg.
I wouldn't worry about the appeal too much, as it sounds like you have a lot of evidence. Evidence of actually living together, and of shared finances, is better than evidence such as phone calls and emails. (Best to have a wide variety of types of evidence, though.)

 

[computergeek]

I'd apply outland, since it is usually faster for Americans than inland. With inland, you only get the right to work after the AIP, which can be about 9 months, though some have gotten it faster. The outland PR might be issued in the same amount of time.

Note that the posted time for inland is now 8 months - see http://www.cic.gc.ca/english/information/times/perm-fc.asp.

I'm hearing people reporting AIP in 7-7.5 months.

The Outland versus Inland choice is no longer nearly as clear to me, with outland getting slower (the Buffalo shuffle) versus inland (getting faster).

 

[greenteamochi]

I know I haven't replied in a while (it's coming) but I just want to say I really appreciate the genuine interest and advice that you all have given me. I think when this is all done and over with I'd like to help others as you are all doing. I see you guys helping others like they are your family and...This is gonna sound SO cheesy, but... you should all be really proud of yourself ! Immigration is very serious and taking the time out of your lives to help people that deal with this daily stress (as you have yourselves) is just the greatest gift. I think someday after all this is done and over with I will log in to help others from time to time. =) This community has really touched me. (I know, I'm a big cheeseball but I can't help it! haha)