Submitting my app while in USA? "Moving" to Canada after SA together?

[SuiGeneris]

So I'm Canadian, sponsoring my American husband to Canada.

I am currently visiting him in USA. I've been here for 2 months, since June 13, 2015.

My question is, can I submit my application while I'm in USA visiting him?

Also, the plan was for him to "move" after SA. Can I stay with him in USA until we receive SA (not exceeding the six month visit limit of course)? And if so, can we then return to Canada together? This would be the "big move", where we'd stuff our car and trailer with his belongings. That way he should receive PR while with me in Canada (we'd request an extension if need be) and we will no longer have to suffer being apart.

Thank you so much everyone. This forum has saved me countless times. I don't know where I'd be without it. It'd be a tougher, much more stressful journey, that's for sure.

 

[keesio]

You can submit your application while visiting him in the US.

However your plan of moving up with him to Canada after SA but before he gets COPR is a bad idea if you plan on coming with a car + trailer with all of his belongings. Very likely he will be refused entry because it is will be clear to CBSA that he is trying to move to Canada before he gets resident status. Other Americans who have tried this have been refused entry and flagged in the system, making any potential future visits to Canada a problem. If you want him to be with you in Canada before he gets PR, he needs to travel light and not make it look like he is trying to move there on a visitor visa.

 

[SuiGeneris]

You can submit your application while visiting him in the US.

However your plan of moving up with him to Canada after SA but before he gets COPR is a bad idea if you plan on coming with a car + trailer with all of his belongings. Very likely he will be refused entry because it is will be clear to CBSA that he is trying to move to Canada before he gets resident status. Other Americans who have tried this have been refused entry and flagged in the system, making any potential future visits to Canada a problem. If you want him to be with you in Canada before he gets PR, he needs to travel light and not make it look like he is trying to move there on a visitor visa.

Thank you keesio!

We are now considering re-doing our forms and applying inland so that we can include a OWP app. That way he can work in Canada and we can be together while our app is in process.

So I have new questions. How long does it take to receive an open work permit?

 

[keesio]

It is usually not recommended for US citizens to apply inland. This is because US citizen outland timelines are much quicker than inland timelines and US citizens can visit Canada visa free and stay with you there anyway. In the past, you had to get past stage 1 inland (AIP) to get a work permit. Getting to just that point used to take about a year while US outland timelines for the whole thing (getting PR) often took less than that. Now things have changed a bit with a recent pilot program that allowed inland applicants to get a work permit much sooner. It was supposed to be a month but I think it is more like 2-4 months. This helps I suppose. But sometimes US outland can be really quick. 3-5 months for the whole thing is not unusual. So you have to weigh the pros and cons. Also note that with inland, you are supposed to stay with your sponsor in Canada for the duration of the whole sponsorship process (potentially 2 years). This is often an issue with Americans who want to hop over the border to see family from time to time. Basically, nearly every American who did inland sponsorship regretted it. Granted most of the people I am aware of did it before the new pilot program but still I think the strong sentiment is to still do outland sponsorship if you are an American. At the very least, I'd research how the new pilot program for work permits for inland folks is working out since it sounds like being able to work is a big factor.

 

[SuiGeneris]

It is usually not recommended for US citizens to apply inland. This is because US citizen outland timelines are much quicker than inland timelines and US citizens can visit Canada visa free and stay with you there anyway. In the past, you had to get past stage 1 inland (AIP) to get a work permit. Getting to just that point used to take about a year while US outland timelines for the whole thing (getting PR) often took less than that. Now things have changed a bit with a recent pilot program that allowed inland applicants to get a work permit much sooner. It was supposed to be a month but I think it is more like 2-4 months. This helps I suppose. But sometimes US outland can be really quick. 3-5 months for the whole thing is not unusual. So you have to weigh the pros and cons. Also note that with inland, you are supposed to stay with your sponsor in Canada for the duration of the whole sponsorship process (potentially 2 years). This is often an issue with Americans who want to hop over the border to see family from time to time. Basically, nearly every American who did inland sponsorship regretted it. Granted most of the people I am aware of did it before the new pilot program but still I think the strong sentiment is to still do outland sponsorship if you are an American. At the very least, I'd research how the new pilot program for work permits for inland folks is working out since it sounds like being able to work is a big factor.

Thank you so much for your post.

Why does CIC state that the processing time for American applicants is 15 months? http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

Do you think they provide it as a comfortable range in order to cut down on complaints if they do run over schedule? 3-5 months would be amazing and I'm hoping that is really the case with most US-CA outland apps. Do you think 15 months might be a regular range for those apps that are the most poorly put together or toughest cases?

 

[Rob_TO]

Thank you so much for your post.

Why does CIC state that the processing time for American applicants is 15 months? http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

Those are not standard processing times, they are 80% processing times meaning 20% of apps are done slower and 80% are done quicker than what is posted. It's in no way even close to an "average" time. To get a better understanding of time to expect, you should go to the CPC-Ottawa thread and check the spreadsheet to see people's actual times over the past year.

 

[SuiGeneris]

Wow, I just saw the spreadsheet. We're going to stick with the outland. Thank you so much for your help.

 

[keesio]

Just FYI - the 3-5 months timeline is optimal/best-case timelines for a US citizen. It doesn't always happen. It is when CPP-Ottawa is really rolling and it tends to be around the summer time. I'd say 6-8 months is a fair average. Sometimes it "slows down" to 10 months. If it takes longer than that, there was usually some hiccup (red flags, missing document, etc)

 

[Aquakitty]

Just FYI - the 3-5 months timeline is optimal/best-case timelines for a US citizen. It doesn't always happen. It is when CPP-Ottawa is really rolling and it tends to be around the summer time. I'd say 6-8 months is a fair average. Sometimes it "slows down" to 10 months. If it takes longer than that, there was usually some hiccup (red flags, missing document, etc)

Yes, 8-9 months is probably more common, but SuiGeneris, take a look at our processing times on the left, my husband got his PR in 3 months and 21 days, from when they signed for the application to getting the COPR. Quite a few people from the March thread got theirs in under 5 months. But then there are people who applied before us who got their PR after us, some people ended up taking almost as long as inland. It's luck of the draw to some extent.

 

[SuiGeneris]

Just FYI - the 3-5 months timeline is optimal/best-case timelines for a US citizen. It doesn't always happen. It is when CPP-Ottawa is really rolling and it tends to be around the summer time. I'd say 6-8 months is a fair average. Sometimes it "slows down" to 10 months. If it takes longer than that, there was usually some hiccup (red flags, missing document, etc)

Makes good sense. Thank you so much for that much needed insight, keesio.

 

[SuiGeneris]

Yes, 8-9 months is probably more common, but SuiGeneris, take a look at our processing times on the left, my husband got his PR in 3 months and 21 days, from when they signed for the application to getting the COPR. Quite a few people from the March thread got theirs in under 5 months. But then there are people who applied before us who got their PR after us, some people ended up taking almost as long as inland. It's luck of the draw to some extent.

That's freaking amazing Aquakitty! Jeeze, congrats on that, eh? I have a grasp on how this works now, thanks to the responses. Thank you so much.

I also have one more question.

Me and my husband want to be together while our application is in process. I'm already visiting him in USA, and we're almost ready to submit our application. We've been thinking of having me stay in USA until COPR or until twelve months elapses, whichever comes first. If this is allowed, I would apply for a visit extension in the next few upcoming months (I've been in USA since June so I have until around October). Would this look suspicious to CIC? I, of course, want and need to be transparent with them. I would include a letter with my application expressing my sincere intentions. I would write that I am currently in USA, have been in USA since June, and plan to stay in USA until COPR or until visitation allowance ends. Is this acceptable? Or must I include proofs of my ties to Canada? If it is necessary to include proofs of my ties, that would be tricky since I am not in school, not working, and have no bills, etc (My mother and stepfather both work full-time and are very financially generous and supportive. They support me and want to support my husband). Despite this, I am sponsoring hubby to CAN and have full intentions of returning and starting school and work, etc.
It's simply the fact that I'm young (I'm 20) and naturally, haven't yet grounded myself financially or academically, and am still working earnestly towards that. And I happened to fall in love online three years ago and now I need to be with my husband.

 

[DuberBlue]

That's freaking amazing Aquakitty! Jeeze, congrats on that, eh? I have a grasp on how this works now, thanks to the responses. Thank you so much.

I also have one more question.

Me and my husband want to be together while our application is in process. I'm already visiting him in USA, and we're almost ready to submit our application. We've been thinking of having me stay in USA until COPR or until twelve months elapses, whichever comes first. If this is allowed, I would apply for a visit extension in the next few upcoming months (I've been in USA since June so I have until around October). Would this look suspicious to CIC? I, of course, want and need to be transparent with them. I would include a letter with my application expressing my sincere intentions. I would write that I am currently in USA, have been in USA since June, and plan to stay in USA until COPR or until visitation allowance ends. Is this acceptable? Or must I include proofs of my ties to Canada? If it is necessary to include proofs of my ties, that would be tricky since I am not in school, not working, and have no bills, etc (My mother and stepfather both work full-time and are very financially generous and supportive. They support me and want to support my husband). Despite this, I am sponsoring hubby to CAN and have full intentions of returning and starting school and work, etc.
It's simply the fact that I'm young (I'm 20) and naturally, haven't yet grounded myself financially or academically, and am still working earnestly towards that. And I happened to fall in love online three years ago and now I need to be with my husband.

Technically, there's nothing wrong with what you'd be doing. As a Canadian citizen you yourself do not have to be in the country to sponsor someone. The CIC site does state that you will need to demonstrate that you intend to return when your husband becomes a PR, so if there is ANYTHING you can add to your application...a letter from a parent or friend, that would help greatly.

Also, bear in mind that if you have no status in the U.S. other than Visitor, this will help your case greatly if you're worried about it...because the CIC states if you are only VISITING the U.S. you are not considered to be living abroad. Mention that in your app.

Once your husband gets his CoPR, you can cross and bring as much stuff as a car will carry There will be a form he fills out at the landing where he mentions all his worldly possessions, which basically will excuse him from having to pay duties on it all