Sponsoring my American spouse

[newbiesponsor]

Hello,

I am sure there are a billion cases just like mine, but I have yet to find a recent one with the answers I seek.

My common law partner is an American and I am a Canadian. We are ready to begin our sponsorship process. We have lived together in Canada for 2 years while he was studying. I have finished my degree and begun working full-time in August. We are not sure, however, which sponsorship option to choose: inland versus out-land.

We would prefer to have the option where we can remain living together, but my questions are:

How long would it take today for his open work visa to arrive if we decide on the inland option?
Would it be faster/better to process out-land? If so, I would like to be with him in the States while the application is reviewed/processed. In the States he will be working/studying. However, I understand that, as a sponsor, I need to show proof of income and proof that I am able to support him for 3 years. Would it be possible for me to sponsor him while unemployed for the year+ that the application is being processed (even though both of us will begin to work as soon as we arrive in Alberta)?

What is our best option?

Thank you for all your time and help,

Vivian

 

[avocadosandcheese]

Vivian,

If you are living in Canada now, and want to stay in Canada during sponsorship, you can do that. Your spouse can stay with you in Canada while applying Outland. Much faster for Americans. He can get a visitor record to extend his stay in Canada while the application is processed. Outland is much faster. You can check processing times on the CIC website. He can also come and go to Canada while applying outland. The same is not true for inland.

Hope that helps a bit.

 

[R151NG5UN]

On the contrary of the last post, Outland maybe a little faster but for somebody applying from the U.S it is certainly not considerably quicker. Outland is somewhere close to 1 year as stated on the CIC website and Inland is somewhere about 14 months BUT and this is a big but. If in your application you file for a work permit, once stage 1 is approved your spouse/partner can work and that stage currently is 6 months and seems to be getting faster month on month. If your VO was Beijing, London, ND, Sydney then outland is probably slightly better but from the U.S personally I think inland is slightly better as you can work after stage 1 approval.

Outland was certainly a lot slower a year ago and even 7 months ago but inland has been striving to get closer to the outland times and they have dramatically. Certainly don't base your decision on the assumption outland is faster than inland because truth be told it is very very close and if your partner wishes to work whilst application is ongoing then inland infact is probably the better of the 2.

Good luck

 

[newbiesponsor]

Great! That's what I had thought but I kept getting confused by other threads saying that Stage 1 of the inland option (USA) takes 9-10 months. However, those were old threads from 2009/2010. So the work permit is coming in faster? My spouse is worried that the work permit will take a lot longer than 6 months and he will be stuck in Canada with nothing to do while the papers come in.

Also, what about our second option, out-land? Does anyone know if I can sponsor him while unemployed in the US, even if we will both start working on arrival to Canada? It's just that he would feel more comfortable if he could keep working and studying as opposed to staying at home for 6 months

Thanks a lot for the help!

Viv

 

[Isometry]

Great! That's what I had thought but I kept getting confused by other threads saying that Stage 1 of the inland option (USA) takes 9-10 months. However, those were old threads from 2009/2010. So the work permit is coming in faster? My spouse is worried that the work permit will take a lot longer than 6 months and he will be stuck in Canada with nothing to do while the papers come in.

Also, what about our second option, out-land? Does anyone know if I can sponsor him while unemployed in the US, even if we will both start working on arrival to Canada? It's just that he would feel more comfortable if he could keep working and studying as opposed to staying at home for 6 months

Thanks a lot for the help!

Viv

You can sponsor him while you're living in the US and unemployed as long as you show that you intend to move back to Canada when he gets his PR, and that you have a plan for supporting yourselves when you do. Note that he can be in Canada while applying outland, if that's something you might consider.

 

[Creampop]

It really depends on the case, I applied out-land because we wanted the right to appeal if it was rejected plus I wanted to be able to cross the border to see family regularly when filing in-land you don't have those options you must remain in Canada if for some reason he leaves and is denied entry back into Canada his application is considered abandoned and they close the case and you have to start all over again. as I said I filed out-land and I am now awaiting the return of my passport from LA the total process took me 6 months and 16 days from the day they received our application at CPC-M to the decision made so I figure 7 months total by the time I land. in-land you get the work permit at the end of the stage one approval which is sitting at 6 months (could be faster or longer again depend on the case) right now and then you have to wait another 6 months for the PR visa. I also remained in Canada the whole time as a visitor, I actually mailed my application from within Canada. I was given a 8 month visitor record after we were married. Good Luck!

 

[newbiesponsor]

So I have two answers in here... some people are saying the out-land options is taking one year, some are saying it could take as little as 7 months for the whole process.

In our case, we are a common law couple that has lived together in Canada for 2 years. We have a joint bank account with lower seven digits in savings, and proof from our landlord that he lived with me since october 2010. He is also under my job's health plan as a spouse but that's about it besides testimonials from our family and friends.

Does anyone have a more certain, recent, timeline for the outland option?

thank you thank you thank you!

 

[amikety]

So, based on your experience, you would suggest inland if we have the option?

Viv

CIC requests you file Outland if possible.

Not to downplay the situation at all, but 25 months isn't normal for an American-Canadian couple. Most are landing in 7-10 months. (And 25 months?!?!?! Have you looked into legal action?)

If you want to travel outside Canada at all, for any reason, Outland is the safer option. If you are denied at the border for any reason, an Inland application is considered "abandoned." The choice is yours, of course, so do whatever seems best in your situation.

 

[newbiesponsor]

This helps a lot. Thanks every one. I am actually very surprised to find out I did not have to have an income to sponsor my spouse. The only reason we waited so long was because I was in University and thought I needed to finish up and start working in order to show proof of income.

We could have been done by now... darn it!

 

[Creampop]

He is also under my job's health plan as a spouse but that's about it besides testimonials from our family and friends.

Has he actually used this Insurance, I have been on my husbands work insurance your 10 years and when I finally tried to use it I was told in order to have the benefits I must be eligible for OHIP, of course each province could be different, was just wondering :

as far as the 25 months go... seriously??? this is the kind of case that should have MP's and every government agency that can looking into?? there had to be some reason I can't just believe they "lost" your application... and has the process finished? is your husband here yet?

You can look at the April spreadsheet there were 7 of us that applied in April from the US 4 of us have passport requests already, when PPR comes visa will follow soon so thats just over half at 7 months...

April spreadsheet
https://docs.google.com/spreadsheet/ccc?key=0AnHHo8yCde0sdFBRTDVManRkQmoyejhaTjBGdG8tUWc#gid=0