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

[greenteamochi]

Hi there.

I just signed up for these forums because I have seen so many helpful responses and I am a HUGE worrywart. These questions keep me up every single night. I have tried calling immigration a couple times, but the line is always busy!

I will give a bit of a background and get right to my questions.

I am from the US. My husband is Canadian. We got married in March 12 and have known eachother since September 11. We have maintained contact every single day and have
pretty good evidence that our relationship is genuine. We are planning on applying inland for spousal sponsorship PR status for myself.

1) Do we have a good chance of proving our relationship is genuine if we have supporting evidence even if we have only been in a relationship for a year?

We plan on sending an inland app once I get back into Canada. I am here currently but am traveling to the US and then back. My questions are:

2) Do I have to get a physical visa in order to hand in with the documents required by the inland app, or is there a way to prove I have a visitor status?
3) From what I understand, when you are admitted from the US to Canada and they do not stamp your passport book (I have a passport card anyway) you are admitted for 6 months. Is this true?
a) if this is true, do i have six months in order to apply for an extension as a visitor?
4) I'm a bit confused about how I am able to legally stay. I am assuming admitted as a visitor and extend my stay through the website. Will I have a problem doing this as it states even in the application information that it's not recommended to leave Canada while the app is being processed?
5) How long can the visitor visa be extended for?
6) Do I have any legal rights to be able to stay in Canada with my spouse while my inland app is being processed? What if my extension weren't granted?
7) I have heard that if you need an interview, there is a long wait for inland. Does this mean if I applied for an open work permit it would not be granted for how long?
8) How can I prove that I have been in Canada with my sponsor if I don't have a passport book? I am thinking gas receipts back and forth, and travel insurance documentation.
9) According to application guide 5289 (inland) on the cic site, it states " You may be able to receive medical insurance while your application is being processed. Contact your provincial or
territorial health department to find out if you are eligible. " What do they mean, and how does this work?
10) When I go back to Canada, am I required to inform the border guard that I intend to make an inland app? Will they not like this?
11) Lastly, will I have a problem with the application if I have been "denied entry"? Technically the officer made me sign an "Allowed to Leave" document. This was the first time I tried to get into Canada, and was not aware of all the documentation that was required. I have been admitted probably 6-7 times after this but never did anything official, although they ask me about it almost every single time. The form says it's IMM 5292, part 3.

That's all for now.

I really appreciate any help you can offer. I am making big changes in my life and it's really scary sometimes not knowing what's going to happen!

Thanks so much,

greenteamochi

 

[computergeek]

1) Do we have a good chance of proving our relationship is genuine if we have supporting evidence even if we have only been in a relationship for a year?

Documentation as to your relationship is all it takes. Provided you have some reasonable evidence (e-mails, texts, etc) that show the development of the relationship, you'll be fine. American/Canadian relationships are probably the LEAST scrutinized of all marital relationships as there's generally no question that you are coming to Canada to escape oppressive conditions or to escape poor economic prospects.

We plan on sending an inland app once I get back into Canada. I am here currently but am traveling to the US and then back. My questions are:

2) Do I have to get a physical visa in order to hand in with the documents required by the inland app, or is there a way to prove I have a visitor status?

Filing inland for Americans is allowed but unusual. It's generally faster to apply outland - although I'd note that this is definitely changing, with outland slowing down and inland speeding up. Currently the published time for outland is 14.5 months for outland and 17 months for inland. Many outland applications are still done in less than a year though.

They don't issue visas to Americans. The MOST you could get is a visitor record, but you can just ask them to stamp your passport. If you don't then you can just use some other evidence of your entry date into Canada.

3) From what I understand, when you are admitted from the US to Canada and they do not stamp your passport book (I have a passport card anyway) you are admitted for 6 months. Is this true?
a) if this is true, do i have six months in order to apply for an extension as a visitor?

Yes. Yes.

4) I'm a bit confused about how I am able to legally stay. I am assuming admitted as a visitor and extend my stay through the website. Will I have a problem doing this as it states even in the application information that it's not recommended to leave Canada while the app is being processed?

Normally, you apply to extend your status in Canada as part of your PR application, such as submitting an "open work permit" application with the PR application. This creates "implied status" while they are processing your application. Of course, if you have a work permit, you'd be fine as well. If you have professional credentials you can get a NAFTA work permit fairly easily and it gives you something to do while you're waiting for PR.

5) How long can the visitor visa be extended for?

There is no limit as far as I know.

6) Do I have any legal rights to be able to stay in Canada with my spouse while my inland app is being processed? What if my extension weren't granted?

No. What you have is a public policy that encourages family reunification.

7) I have heard that if you need an interview, there is a long wait for inland. Does this mean if I applied for an open work permit it would not be granted for how long?

Until the sponsorship is approved you won't get an OWP.

8) How can I prove that I have been in Canada with my sponsor if I don't have a passport book? I am thinking gas receipts back and forth, and travel insurance documentation.

That's exactly it: things that demonstrate you were present in Canada. Generally this is not a huge issue, since they will know when you entered (it's in the computer) and while they won't know if you left, if you show up for an interview they can reasonably conclude you're still in Canada.

9) According to application guide 5289 (inland) on the cic site, it states " You may be able to receive medical insurance while your application is being processed. Contact your provincial or territorial health department to find out if you are eligible. " What do they mean, and how does this work?

It means that health coverage is done by province. Some provinces will cover you with a PR application in process - BC will do this, as does Alberta and the last I looked that's also the way PEI's posted policy reads (although someone claimed being TOLD something else when they called.) Ontario requires AIP.

10) When I go back to Canada, am I required to inform the border guard that I intend to make an inland app? Will they not like this?

You need to answer their questions. You don't need to answer questions they have not asked. So if they ask you why you're coming to Canada, you can say you're here to visit family (true) or you're here to stay with your husband (also true). The former may elicit further questions, or they might just say "have a nice time then" and let you go or they may push you harder. When you cross, you'd be well served to have a copy of the receipt for payment of fees, so you can say "we're applying for PR, I'm hoping to stay with my husband while the application is processed, here's the receipt for the fees." That'll pretty much guarantee you get a visit to secondary and a VR, but generally they allow Americans to do this. There is a backup process but you'd really be better off not to have to go there.

11) Lastly, will I have a problem with the application if I have been "denied entry"? Technically the officer made me sign an "Allowed to Leave" document. This was the first time I tried to get into Canada, and was not aware of all the documentation that was required. I have been admitted probably 6-7 times after this but never did anything official, although they ask me about it almost every single time. The form says it's IMM 5292, part 3.

No problem with the application. The only issue may be at the border when you try to come into the country telling them you are applying for PR, because they may decide you are inadmissible because you are likely to overstay - but in your favour you haven't overstayed in the 6-7 times since then. Why were you denied entry?

It cannot have been an IMM 5292 - that's a "Confirmation of Permanent Residency" and if you had one of those you wouldn't need to apply for spousal PR.

Good luck!

 

[scylla]

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

 

[computergeek]

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

I'd thought the passport card was in addition to the regular passport, not as a substitute, but apparently that is not the case. http://travel.state.gov/passport/ppt_card/ppt_card_3926.html

Odd, I have two valid US passports, but no passport card.

 

[scylla]

Odd, I have two valid US passports, but no passport card.

Are you a spy?

 

[computergeek]

Are you a spy?

LOL. No, but I do have friends with multiple different coloured passports (from the same country). I've never had an opportunity to go through the lane where you can refuse to answer the questions of the border officials about what you have in your valise.

Last year I needed to obtain a visa to visit India and the processing time (3 weeks) meant that there was no way for me to get the visa and still be able to travel back and forth between the US and Canada. It turns out that's one of the cases in which the US will issue a second passport. That second passport is only valid for two years and was full price (which in my case was application fee + expedite fee + agent fee to walk the application in to the passport agency down in San Francisco.)

 

[greenteamochi]

Thank you so much for replying, computergeek. As you are a VIP member with over 5K posts, I will trust the information you give me as accurate until proven guilty. =)

What is AIP? Do you have any knowledge of the Ontario protocol for this?

I was denied for basically not having a job to return to (I am an online student, didn't bring documentation either, didn't know), and having no clue of the new laws of intent to return, I cleverly packed boxes for my intended 3 month stay. So they assumed I was going to live there. I would never want to live as an illegal alien not able to work or get health insurance. That's no life.

Also, is it true I need a real passport in order to apply for PR? I have a passport card. Will they let me pay the fees just having a passport card?

Thank you all so much for your replies! Any other takes on my questions are welcome.

 

[scylla]

What is AIP? Do you have any knowledge of the Ontario protocol for this?

Also, is it true I need a real passport in order to apply for PR? I have a passport card. Will they let me pay the fees just having a passport card?

AIP is approval in principal. The protocol for Ontario is the same as the protocol for every other province. AIP only applies if you submit your application inland. It currently takes around 9 months to receive AIP after submitting the application:

http://www.cic.gc.ca/english/information/times/perm-fc.asp

You can pay your fees for the PR application while only holding a passport card but you need an actual passport to submit your application.

 

[greenteamochi]

Thanks so much Scylla!

AIP is approval in principal. The protocol for Ontario is the same as the protocol for every other province. AIP only applies if you submit your application inland. It currently takes around 9 months to receive AIP after submitting the application:

You can pay your fees for the PR application while only holding a passport card but you need an actual passport to submit your application.

 

[computergeek]

AIP is approval in principal. The protocol for Ontario is the same as the protocol for every other province.

I think the OP may have been referring to his/her question about health insurance. That is provincial and my understanding is for Ontario one is eligible for heath coverage after receiving AIP.

 

[greenteamochi]

Hi guys.

I have another question that popped up.

How long should I say I'm staying if I plan on extending my status because of applying for the inland app>?

Like if I say 2 weeks and they see that I stayed way over that will there be problems when I try to extend?

Any advice?

ALso, I am wondering this....Can't seem to find any information on this...Should we leave semi-sexual emails etc in for them to see that we are sexually close, or is that too much of an ew factor?

Thanks in advance!

~greenteamochi

 

[greenteamochi]

Also another question just popped up-

I'm curious....Why would a visa extension be approved while an inland app is processing....Don't they kind of conflict?

The other question I had was that I am from visa exempt, and in the inland app it asks for "indication of your status in canada" what are they really asking for? As I have no documents coming in from just a regular visitor 'visa'.

Thanks,

~greenteamochi

 

[Creampop]

Technically the officer made me sign an "Allowed to Leave" document.
I was denied for basically not having a job to return to (I am an online student, didn't bring documentation either, didn't know), and having no clue of the new laws of intent to return, I cleverly packed boxes for my intended 3 month stay. So they assumed I was going to live there.

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!

 

[computergeek]

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 think you're times for inland are pessimal. Based upon the posted times, inland requires up to 17 months right now - 9 months for sponsor approval ("AIP") and 8 months for applicant approval. Outland times are a bit of an unknown with the changes in Buffalo and no experience with Ottawa processing times, but 14 months is as reasonable an estimate as any.

Further, what I've seen over the past six months is that the inland trend is down (people are now reporting receiving AIP at 7 months and I'm expecting to see the AIP time reported on the CIC site to drop to 8 months reasonably soon now) and outland is up.

The other points (e.g., no ability to appeal to IAD) is true but is probably only a consideration if there's any real chance the relationship is going to be questioned. You aren't locked into staying in Canada on an inland application but it does create an element of risk if you leave - but the manuals say that you shouldn't be refused re-entry in such a case.

Regardless, good luck to the OP whichever route you pick.

 

[greenteamochi]

Thank you computergeek for your willingness to help and share knowledge. I can't tell you how much you have eased my mind.

I guess I am still stuck on whether to apply inland or outland. This post kind of nudges me in the inland direction since you say there are less applying there now and 2 years is a LONG wait to not be able to work/have health insurance.

I do worry a little bit about our marriage not being called genuine, but then again, I have a lot of evidence that we are.

We met playing an online game last September, met in person in January (after I was denied I came on a bus to see him, can you say determined? =) and were married by March. I have been with him almost 100% of the time since. I have tons of pictures of us, and had a friend's ex husband photograph at our wedding. We didn't have a honeymoon or a large wedding ceremony (just dinner with immediate family and they also attended the court wedding), because we are trying to save money, so I hope that's no cause for concern. (I have receipts for the chapel, minister, and dinner). My mother has visited Canada once to meet his family, and I recently took him to the US to meet mine.

There aren't really superfluous amounts of text and conversations to fall back on, but I did find some. My husband isn't really an emailer and most of our conversations were on skype and steam, which we didn't save logs of. I even have skype screenshots of us smiling together in October.

So what do you think of my situation? I would like to apply inland. Even though I think I have pretty good evidence, the no appeal scares the lights out of me. I guess the reason they could think we aren't genuine is because we haven't been together that long. I have only left his side in order to return to the US for doctors appointments and school related functions. Any opinions on the situation would be greatly appreciated.

I think you're times for inland are pessimal. Based upon the posted times, inland requires up to 17 months right now - 9 months for sponsor approval ("AIP") and 8 months for applicant approval. Outland times are a bit of an unknown with the changes in Buffalo and no experience with Ottawa processing times, but 14 months is as reasonable an estimate as any.

Further, what I've seen over the past six months is that the inland trend is down (people are now reporting receiving AIP at 7 months and I'm expecting to see the AIP time reported on the CIC site to drop to 8 months reasonably soon now) and outland is up.

The other points (e.g., no ability to appeal to IAD) is true but is probably only a consideration if there's any real chance the relationship is going to be questioned. You aren't locked into staying in Canada on an inland application but it does create an element of risk if you leave - but the manuals say that you shouldn't be refused re-entry in such a case.

Regardless, good luck to the OP whichever route you pick.