Questions regarding spousal sponsorship and help

[Serph]

Hey there everyone,


First off I hope I'm posting this in the right section, since this is sort of a mix, one part is about entering the boarder, while the other part is relating the entire process of applying for PR status so please bear with me.

I'm a 20 year old Canadian citizen and I've been dating an American citizen for 3 years now, we've both visited and lived with each other upwards of 6 months each time. We've both come to the point where we want to be together permanently and we've decided that we want to get married and apply for spousal sponsorship. Though currently I have some concerns and don't really have the clear answer to each of them, so I'm hoping maybe I could get some input.

In two weeks time I'm heading down to get my girlfriend and bring her up here to visit for a 6 month period and within that period to apply for PR status and an extension of stay. I understand that you don't want to tell the boarder this particular information just mostly coming off that you're visiting and that's it. But she will have her FBI prints and basically all her information prepared to apply for the status on her, and I'm extremely concerned about her entering the boarder this time. What if they search her bag and find all this information? I can only assume it would be held against her? If this is the case would it be preferable to mail this information to my address instead or carry it on my luggage?

Also I'm not sure if this does help her case but she was allowed entry for 6 months a year ago with minimal ties (now that I look in retrospect), and did leave before the date her paper said she had to return home on. Would they take this into account when processing her? For funding she recently was laid off her job, so would it be acceptable for me to possibly write up a letter stating that I will be supporting her for her stay and providing pay stubs that prove I could easily support someone on my cheques?


Now for sponsoring her there's a few things I'm wanting to ask.

First, I have questions regarding the whole marriage process. Is there any different circumstances to marrying a citizen of another country? Or do you just go through the process as if with anyone else? Also would it be held against us if we're only married for a short period of time? We're planning on getting married a few weeks after she comes up here so it won't be that long that we've been married of course.

For proof of ties I'm a bit worried about this when it comes to accumulating chat logs, as we've mostly only spoken over Skype through voice. We have occasional text chats logged over the years, but at most I only have logs showing when we've called one another and the duration of each call. I don't know if this is acceptable to show? We do have pictures of various visits, plane tickets, easily can get friends and family to vouch, and we're joining ownership of accounts, etc. Would this be sufficient enough?

Regarding potential interviews when applying out of country. What would we do in this situation aside from having to go to it? How common does this occur?

My last question on mind is when applying for extension of visiting, is it acceptable to say we're staying together while waiting for her approval of PR status? So long as I prove that she's being taken care of and send any information proving we applied for this? Or does stating this actually hurt your chances for extensions. When we do send in this I've heard that you gain a status that allows you to stay until a decision is met, even if it is over the original leaving date? If her extension was denied also, can we get a re-appeal for it?


Thanks for any input it is much appreciated, I do understand a lot of things can depend on the time, place, person, and just general luck but any extra info really helps me. I know some of this information is on the Canadian government website, although some of it isn't clear enough for me to understand.

 

[canadianwoman]

In two weeks time I'm heading down to get my girlfriend and bring her up here to visit for a 6 month period and within that period to apply for PR status and an extension of stay. I understand that you don't want to tell the boarder this particular information just mostly coming off that you're visiting and that's it. But she will have her FBI prints and basically all her information prepared to apply for the status on her, and I'm extremely concerned about her entering the boarder this time. What if they search her bag and find all this information? I can only assume it would be held against her? If this is the case would it be preferable to mail this information to my address instead or carry it on my luggage?

I would say she is just coming to visit. If they ask directly if she will be applying for PR, of course tell the truth, but I doubt they will. Have they searched her before? IF they find the fingerprints, you can just say she will be applying for PR. You could mail them up too.

Also I'm not sure if this does help her case but she was allowed entry for 6 months a year ago with minimal ties (now that I look in retrospect), and did leave before the date her paper said she had to return home on. Would they take this into account when processing her? For funding she recently was laid off her job, so would it be acceptable for me to possibly write up a letter stating that I will be supporting her for her stay and providing pay stubs that prove I could easily support someone on my cheques?

Have the proof you can support her with you.

Also would it be held against us if we're only married for a short period of time? We're planning on getting married a few weeks after she comes up here so it won't be that long that we've been married of course.

It is fine to apply right after getting married. That is only a problem if you have not known each other very long. You've been going out for 3 years, so applying right away is fine.

For proof of ties I'm a bit worried about this when it comes to accumulating chat logs, as we've mostly only spoken over Skype through voice. We have occasional text chats logged over the years, but at most I only have logs showing when we've called one another and the duration of each call. I don't know if this is acceptable to show? We do have pictures of various visits, plane tickets, easily can get friends and family to vouch, and we're joining ownership of accounts, etc. Would this be sufficient enough?

The logs that show just how long each call was are good enough. Your other evidence sounds fine.

Regarding potential interviews when applying out of country. What would we do in this situation aside from having to go to it? How common does this occur?

An interview is common, but if you have a lot of proof that your relationship is genuine, and there is nothing unusual about your relationship, such as a big age gap, then the interview is often waived. For Americans, the interview is usually in Buffalo, which is the visa office her application will be processed at.

My last question on mind is when applying for extension of visiting, is it acceptable to say we're staying together while waiting for her approval of PR status? So long as I prove that she's being taken care of and send any information proving we applied for this? Or does stating this actually hurt your chances for extensions. When we do send in this I've heard that you gain a status that allows you to stay until a decision is met, even if it is over the original leaving date?

She can apply for an extension, stating the reason she is waiting for her PR. If it is denied, there's no point appealing. She could just go back to the States and wait - PRs from the States normally don't take long to process, so she might have it before the 6 months are up.
As for getting a status that allows her to stay, that is when you have an inland application. An inland application means the applicant has to be in Canada, and has to stay in Canada the whole time the visa is being processed. There is no reason for the average American applicant to have an inland application. She should apply outland: that means sher application will be processed in Buffalo, but she can stay in Canada as a visitor while waiting for it to be processed, or she can go back to the States. Outland apps are typically much faster than inland.

She has her FBI clearance already, so you must apply before three months are up for them to be valid.

 

[mittens]

i would have her send the documentation, fingerprints etc recorded mail to you beforehand...

 

[Serph]

Hey thanks for answering my questions canadianwoman, the responses really helped in clarifying many things.

I just have a few questions regarding a few things in your response.

Have they searched her before?

Have the proof you can support her with you.

She has her FBI clearance already, so you must apply before three months are up for them to be valid.

I don't know if they particularly searched her the last time, they did end up taking her to a room and questioned her for a good 20 minutes until they finally granted her stay of 6 months. This is just why I'm nervous of going through the boarder with her again.


For providing proof to them, do I show them this or does she show them this at the boarder? Last time they didn't allow us to be interviewed as a couple since we weren't married, so my original plan back then to vouch for her failed. I don't know if this really is the case or if the boarder officer was just being tough on us, since they didn't really seem pleased with the whole situation in the first place.


And with the FBI prints, they're seriously only valid for 3 months? If that's the case she did receive them a couple weeks ago, we're not sure which is the date to go by since one date specified is "Search was completed on 5/17/2011" but another date is shown on a stamp in the bottom right corner as "5/31/2011" so which one do we have to go by?


Sorry for all the questions, though I appreciated all the help and input.

 

[canadianwoman]

Does she just have a copy of her fingerprints, or does she actually have the FBI clearance required for the PR application? If it is the latter, it should be sent in within 3 months of its date - I am not sure which date, but would go with the date the search was done on.
Since she has been taken aside and questioned before, expect it again. Does she have any ties to the USA still - such as an apartment? Or does she live with her parents?
Definitely bring proof you can support her with you. Give it to her so she can show the border official if you aren't allowed in the room.

 

[Kitcatplz]

Does she just have a copy of her fingerprints, or does she actually have the FBI clearance required for the PR application? If it is the latter, it should be sent in within 3 months of its date - I am not sure which date, but would go with the date the search was done on.
Since she has been taken aside and questioned before, expect it again. Does she have any ties to the USA still - such as an apartment? Or does she live with her parents?
Definitely bring proof you can support her with you. Give it to her so she can show the border official if you aren't allowed in the room.

Hi this is Serph's girlfriend, I figured it would be easier if I just make an account and reply back to others trying to help him and I.

I believe I have the FBI clearance and not the fingerprints, do I need a copy of my fingerprints as well?

I live with my parents.

 

[Serph]

She actually has the FBI clearance required for the PR app. This concerns me now that it'll be invalid after 3 months, if we've still got a few weeks until she's up here. Let alone getting married, I'm unsure if we'll even make it in time...

What makes it seem that will occur again? Just out of curiosity, do they mark it down or something? Even though she left the country when she said she would, the boarder guard pretty much challenged her on the date she said she'd be gone. Would that not give her some benefit as she did leave properly last time?

So simply writing up a letter and including some pay stubs would be a good idea? Is there any other additional info that might help her?

 

[canadianwoman]

You don't need the fingerprints anymore, once you've got the FBI clearance.

Usually a US citizen is let in with no problem. If they come in quite a lot and stay a long time each time, it gets progressively more difficult. So if they questioned her once, it means they are starting to get suspicious about what she is doing. It is good she left within the time frame, though.

Bring any proof of her ties to the US as well: enrollment in school, a job, an apartment lease or mortgage, proof of a bank account. With no job and no apartment, she can mention she still lives with her parents.

 

[Serph]

Well, I think it was more so the reason she got questioned was because it was her first time ever visiting another country, and she immediately was asking for a 6 month stay. I forgot to mention this information, which might change the view on the situation.

Since I've visited her a number of times varying degrees of stays, I know my first time travelling they extensively questioned me and now progressively have got more easy on me. Maybe I'm wrong about this assumption but I guess I forgot to mention that, she only has stayed in Canada for that one single stay.

 

[canadianwoman]

Maybe then there will be no problems. They will see she left within the time frame given, which is a big plus.