STUCK IN A RUT!

[zainy]

Hello all,

I have once again found myself in an immigration confusion hole. I am filing an outland application via the Nairobi, Kenya VO which is currently taking an average of 6 months to process. I am living in Canada with my husband on a visitor visa and have been extending it as necessary. My application is almost ready, just some finishing touches while we wait for my finger prints from the U.S. I sent me finger prints end of November but as it currently stands, the FBI is completing processing for October applicants so I will be waiting for at least another month before they touch my application.

Please find my questions below:

1. In the interim, could I complete my paperwork and attach proof that my finger prints are being processed (mailing receipts, etc) and send this to Mississauga to at least start processing my sponsor's application?

2. Should I also go ahead and do my medical exam and send this with the application? I was waiting to get my medicals done as late as possible to avoid the chance of it being expired.

3. What happens if Mississauga completes my application and sends it to Nairobi before I receive my finger prints? Would I then send it to Nairobi or would that create chaos?

4. A little off topic, can anyone shed some light on traveling in and out of Canada while working on their outland application? I would love to visit my family in the U.S but don't know the repercussions of this? Would the immigration officer let me back into Canada to stay with my husband provided my visitor visa is valid or would it be frowned upon that I am residing in Canada on a visitor visa while my outland application is being processed?

Thank you all for your help! I really appreciate it!

 

[rhcohen2014]

1. yes. this is what is recommended right now because of the change in the FBI system
2. yes, get the medical done BEFORE sending in the application. the medical is valid for 12 months, and CIC has the ability to extend them, so there's no reason not send it upfront.
3.you don't want to be sending the fbi report to mississauga, what you will want to do is send it to the visa office processing the applicant's application, presumably Nairobi, AFTER the sponsor has been approved. the fbi check has nothing to do with the sponsor eligibility which is what mississauga does. if it gets sent to mississauga, there is a higher chance if it getting lost. you WANT to wait until the sponsor is approved and you are provided with instructions about how to submit it to the visa office ABROAD. the sponsor eligibility letter generally provides this information.
4. there is absolutely no risk to an outland application if you choose to travel to and from canada. the "risk" is the same as anyone else who wants to visit canada, as you are subject to the same level of inspection of anyother person seeking entry into canada. if you are visa exempt, then you only need your passport to cross. if you require a visa, then you will need a valid visitor's visa to enter. generally, CBSA will confirm your pr application and let you on your way. the important thing to remember when crossing is knowing you are only a visitor, and acting accordingly. this means not showing up with a uhaul of belongings and always using the term "visiting". how long you are given to stay depends on how long you ask for and how long the officer grants you. traveling with an outland applicaiton submitted isn't a big deal at all.

 

[zainy]

Thank you rhcohen2014!

I will get started on the medicals to complete the application and get it on its way to Mississauga.

If I travel and come back to Canada, would I state that I am only "visiting" my husband as my application gets processed or is it okay to say that I am residing with him in Canada (as all my belongings have already been moved here)?

 

[rhcohen2014]

Thank you rhcohen2014!

I will get started on the medicals to complete the application and get it on its way to Mississauga.

If I travel and come back to Canada, would I state that I am only "visiting" my husband as my application gets processed or is it okay to say that I am residing with him in Canada (as all my belongings have already been moved here)?

unless you have a valid study or work visa, you are not "living" or "residing" in canada. until your pr is approved you can only "visit" your husband. if cbsa is concerned about where you are actually living, they can/will ask for proof of residence outside of canada.

 

[zainy]

My only concern is that they would be able to see my travel dates on the passport which show that I have been in Canada since June (when we got married in Canada) and have not left since. Would it not raise suspicion?

Also, the visa extension I received states that it cannot be used to re-enter Canada. Does that mean I cannot use it in place of a visa?

 

[rhcohen2014]

My only concern is that they would be able to see my travel dates on the passport which show that I have been in Canada since June (when we got married in Canada) and have not left since. Would it not raise suspicion?

it may or it may not. no one can tell you what will happen at the border, since it is specific to the border agent you meet.

Also, the visa extension I received states that it cannot be used to re-enter Canada. Does that mean I cannot use it in place of a visa?

i don't think an etension replaces the visa. however, cbsa officers have been known to be lenient on those who have valid visitor's extensions, and most times honor the validity of them. again, no one can say whether that will happen in your case. it is all dependant on your specific story/circumstance and the interpretation of the specific agent who greets you at entry.

 

[canadianwoman]

Are you a citizen of Kenya? And only of Kenya? Do you have any status in the USA?
If you are only a citizen of Kenya, you need a visa to enter Canada. Does the visa you have now say it is 'multiple entry'? If it is single entry, you cannot use it to reenter Canada. Your visa extension says it cannot be used to reenter Canada. If you do not have a multiple-entry visa, you will need to apply for another visa to come back into Canada after visiting the States.

Unless you have some other status in the States which might help, if you leave Canada you will have to get a new visa to get back in.