regarding Inland sponsorship (ME currently in US) PMM, Leon, BCGuy and experts

[lucky9]

Hello,
First of all thanks everyone so much for having such a nice place to share information.
Coming to my case, I am an Indian citizen staying in US since 2 years, finished my Masters here on student visa, currently on OPT and have filed for my H1 this year. My girlfriend is in Canada, she,s from Philippines and is a permanent residence and working as a live in caregiver.We have been in a relation since 3 years now and I want to marry her and have her sponsor me. I have a TRV visa(single entry, on which I visited her in March last year, stayed with her for 3 days and came back to USA.
My TRV visa has expired and i am in the process to apply for a multiple entry TRV visa and visit her next year and hope to get married at that time as well in Toronto. Considering my case ;
1) would it be better to be sponsored using the inland application?
2) if my TRV visa stay (apparantely for 6 months) expires in the course of my PR inland application (which offcourse will), can I stay in Canada having extension till i get my PR application approved and work there legally?
3) How strong the case would be since I have a bunch of emails substantiating my relation but dont have any pics or phone bills.
4) How long does it take to get my PR from the day i send my inland application?

Thanks a lot again and would appreciate your comments...

 

[jaundice_p]

Re: question regarding Inland sponsorship (ME currently in US)

First of all, know this about inland application.
1) it takes a longer time to process...maybe upto 2years.
2) when u put it in, u cant leave the country until it is done.
3) You wont have a work permit until after the first stage approval which maybe up to 6months..that means u wont be able to work for up to 6 months of staying in canada.
4) if deny..there's no room for appeal.

BUT you've lived in the US for 2 years and if you do an outland application,
1) it takes only abt 12 to complete it in the US assuming your application is straight forward.
2) you will not be restricted in terms of work and travelling.
3) if refuse... you can always appeal.

Personally, I will say go for outland but the choice is yours depending on what you want.
if u extend your trv and get married, you can always visit your spouse in canada while waiting for the process without much ado rather than get stock in canada.
Good luck

 

[Leon]

Re: question regarding Inland sponsorship (ME currently in US)

Just to add, one thing with inland, it's 6-7 months they give out as the time to reach first stage approval but if something goes wrong with the application, they may send it to a local office for processing without first stage approval causing no work permit and the local office may be so busy it can take from 1-3 years to get an interview if you are unlucky. Of course they could withdraw this application and apply again outland, same as if it was outright denied.

An outland application in the US takes 5-10 months to get PR.

 

[lucky9]

Re: question regarding Inland sponsorship (ME currently in US)

So in that case should I marry in Canada, come back to US and then file my application outland?

If yes then how do i substantiate that i am living with my partner for atleast 1 year>

 

[Leon]

Re: question regarding Inland sponsorship (ME currently in US)

You don't have to go back to the US to apply outland. You can stay as a visitor.

You also don't have to live with your partner for at least one year if you get married. Living together for one year is to qualify as common law partners if you are not married.

 

[lucky9]

Re: question regarding Inland sponsorship (ME currently in US)

Thanks for your response.

But how long can i stay as a visitor if i file outland application i mean if suppose it takes 1 year to get PR through outland then can i stay for 1 year as a visitor considering the fact that only 6 months stay is granted at POEntry.

Thanks

 

[lucky9]

Re: question regarding Inland sponsorship (ME currently in US)

Also could you please clarify the meaning of outland? I mean if i can apply from CANADA then wouldnt it be inland?
Also i would sincerely appreciate if you could send me the cic link for outland application as i am unable to find it.

Thanks again for your unparalleled efforts.

 

[Boncuk]

Re: question regarding Inland sponsorship (ME currently in US)

lucky9 You can stay for however long your visa is in Canada. 6 months.
Outland means the application is processed in a visa office not IN Canada
Inland means it is processed in Canada.
You can still be visiting your wife in Canada while your application is being processed in Buffalo. You will need to return to the US if they ask you for an interview and ofcourse to receive your visa and do your official landing as a PR.
Outland Application: (I recommend this as it will be faster!)
http://www.cic.gc.ca/english/information/applications/fc.asp

Inland Application:
http://www.cic.gc.ca/english/information/applications/spouse.asp

 

[lucky9]

Re: question regarding Inland sponsorship (ME currently in US)

I completely agree with u all. Outland application sounds the right way to go for it

1) but then should I go to Canada on visitor visa, marry my girlfriend, get marriage certificate and come back to USA and then send my application to my would be wife?

2) How long should i stay in Canada after getting married i mean can i return the same week or do i have to stay for a few months to show that my intent was to marry?

3) Also is it ok if my parents and her parents cant attend the marriage and we get married in a church with her friends and other people from the church as guests?

thanks again a million

 

[Leon]

Re: question regarding Inland sponsorship (ME currently in US)

1) You can start filling out the application while you are still in Canada because each of you has to fill out some parts of it.

2) You can stay in Canada as long as you want after you are married but if you are planning to stay more than 6 months, you need to apply for visit visa extension. You don't have to stay though. You can go back to the US right away but immigration may be suspicious if you don't stay at least a little bit for your honeymoon.

3) Yes, should be ok, if you have otherwise strong proof of your relationship and explain why you did not invite your parents or why they could not attend.

 

[lucky9]

Re: question regarding Inland sponsorship (ME currently in US)

I am now ready to apply for a visitors visa. (I had a single entry visa but it expired last year, been to Toronto once for 3 days and came back). Now i have a doubt. I am still on my OPT and it is valid till October 2009. I am working for a consulting firm as a consultant and he has applied for my H1 this year, the decision to which comes in June or July but it is effective from October if i get approved.

1) Now should i file for TRV visa putting myself as having a valid OPT and on F1(technically i am on F1 visa till October no matter what my H1 status comes out to be). I can show them a copy of my valid EAD card and i-20 of OPT.


2) Or should i apply as an individual working for consultant? But the problem is that i have pay stubs substantiating my work experience till april bcoz my project finished in April. So i have paystubs from Jan to April (4 months). Would it be difficult to back up my work experience if i show pay stubs till April?

3) Generally how many years of TRV multiple entry visa does the Canadian consulate stamp? I know the entry is given for 6 months but generally for how many years does the TRV visa is generally issued?

Thanks so much fro your replies.

 

[lucky9]

Re: question regarding Inland sponsorship (ME currently in US)

Anyone please reply. thanks

 

[lucky9]

guys please reply.. thanks

 

[lucky9]

anyone?

 

[jaundice_p]

Lucky, first of all however u can get a visa to the Canada to marry ur wife plz do....I don't think most people here will have enough experience to advice you on the H1 visa and most of the US visa issues. If you can't get a visa to Canada for whatever reason, I guess she doesn't need a visa to the US...so she can come over for you guys to still get married.
As for the question regarding your parents attending the marriage and how long you need to stay after the marriage: When I got married, my wife's parents didnt attend eventhough they where in Canada, my parent couldnt flight from Africa to attend.
Also, my wife had to travel to Seoul to start a new job a week after we got married, so we ended up spending only 7 days together. I recently went for my interview and it was very successful and the immigration officer told me that she has accepted my marriage as genuine and that she will issues d visa immediately my redo-medicals n criminal check gets to her.
Some things you have to know about this sponsorship process is that :
1) it depends on the IO that handle your case-pray that you file falls on the 4th ground(if you know what i'm talking abt)
2) It also depends on how u package your evidents, the reasons you will give for whatever anomalties you may have with your case and how straight forward your case is.
3)I dont think there's a general rules for everyone for the process of applications, I believe its base on individuals cases: some cases may take 4 months, some 10, some 15 some even upto 2 years from the same office depending.
So I will advice, whenever you're ready to apply, don't be in a hurry. take time to fill the application, if your wife is not there to help out, then ask someone to help you go throught it for as many times as possible.
Gather as much evident as you can lay your hands on: pictures( whenever and wherever you 2 r togehther either alone or with families or friends).take pictures
money transfer.
emails
posted mails
phone bills( showing her number)
facebook messages
cards from families or friends.
chat logs(either print it or take a picture of it)
If you don't have enough evidents, you still have time as you've not submitted your application yet. You have to work for it.
NOTE: the evidents must be from the 2 of u for instant mails from you to her and vice versa etc etc.
This is from my personal experince.
Good luck and God bless