US Citizen marrying Canadian Citizen - A few important PR questions

[Woman_USA_to_Canada]

Hi there, I would like to thank, in advance, those who contribute their time and efforts towards assisting me in resolving my questions. I will be as detailed as possible.

Background Information: I have been in a relationship (long distance) with a Canadian gentleman (natural born Canadian citizen) for the last 3 years. I have a child as does he and have been parenting each others children (as long-distance permits) for the same duration. Essentially, we have been a functioning and loving family with the assistance of almost never-ending Skype video calls. We not only love each other very much but are the best of friends.

Details of Events:

April 2009 - Attempted to cross the Canadian border form the US, was turned away due to having a criminal history. Was asked to withdraw my entry to Canada (did so) and told I needed to apply for Rehabilitation before attempting to enter Canada again.

May 2009 - Submitted Application for Rehabilitation

December 2010 - Application for Rehabilitation approved (actually received the approval paperwork in Jan 2011)(this paperwork completely resolves any inadmissibility issues resulting from past criminality).

Jan 2011 - Entered Canada successfully as a visitor. Upon arriving and visiting, I was asked to marry him and decided that it would be best. (I work for a company in the States, remotely from my computer so it was an easy decision to stay and accept the proposal). We will be wed on 18-Feb-2011 (in a few days). Our plan is to process Permanent Residency (PR) paperwork for me and my daughter immediately from Canada. We have no intention of returning to our residence in the States and my family is taking care of my belongings there. I have full custody of my daughter, so I am not concerned about that aspect. I do, however have a few specific questions in regards to the PR application process. I will list them below.

1.) I am confused as to whether or not I need to put in the application as an outland or an inland application. Common sense tells me that I should submit it as an inland, being that we are in Canada and not planning to leave for the PR application period.

2.) When we marry this weekend I would like to take on my husband's family name (last name) and am confused as to whether I should put the application in the name currently on my passport and resolve the family-name name-change after PR is granted (then update my PR with the name change after the approval) or use a hyphenated name (current family name-husband's family name) or use his family name even though I would have only my present passport and documents plus a certified marriage certificate to prove how the name should be changed (sorry for the confusion). Please advise as to what the best option would be.

3.) The PR application asks about criminal inadmissibility. Considering I have been granted permanent rehabilitation, do I need to answer this by stating that I am inadmissible (have a criminal past) and attach a copy of the rehabilitation letter, or state that I do not have this inadmissibility?

4.) My husband has (from many years ago) a bankruptcy (that was officially discharged). The sponsorship application asks about this. Considering it was discharged,do we need to answer that he has been a bankrupt and include copies of the paperwork of discharge?

5.) We arrived in Canada the middle of Jan-2011, would it be too soon now to apply for an extension of stay in Canada? (we are US citizens and do not require a TRP, just passport - which was not stamped at the border, however, I know the border crossing guards in secondary processing have a record of our entry, as they had a record of the attempted entry in April-2009).

Thank you, again for your time ans assistance in clarifying these issues for me. I have been unable to get a clear answer otherwise.

Warmest Regards.

 

[pinklady]

Hi,
I am not sure about questions 3-5 but I can have a go answering 1 and 2.

1. You can apply either inland or outland regardless of where you actually are. Outland processing is usually much faster with first stage approval after approx 36 days, then it gets forwarded to the VO, buffalo in your case. Processing times can be found on CIC website.
If you go the inland route, after first stage approval (9 months ish) you can be granted a work permit then its a further 9 months ish before your are approved as a PR.
You will probably need to provide a US address for the outland route, but I am not 100 % on this. I am applying outland through london and letters go to my parents home in UK as I am in canada.

2. I was unsure about this point before I filled out the forms (got married right before we filed). So i called CIC to ask and they told me that the name on the forms must match the name in the passport. If you want to apply with your married name you must obtain a new passport in your married name. It is possible to file your application, THEN get a new passport providing you forward them a copy of the new bio page so they can update your file (I got this info from CIC london, emailed them and asked) The PR card will also be issued in the name on the forms and passport.

I don't have any answers with regards to questions 3, 4 and 5. But there are MANY knowledgable people on here, I am sure someone will be able to help you out.

Good luck! And congrats on your wedding tomorrow, have a fabulous day!

 

[Woman_USA_to_Canada]

Hi,
I am not sure about questions 3-5 but I can have a go answering 1 and 2.

1. You can apply either inland or outland regardless of where you actually are. Outland processing is usually much faster with first stage approval after approx 36 days, then it gets forwarded to the VO, buffalo in your case. Processing times can be found on CIC website.
If you go the inland route, after first stage approval (9 months ish) you can be granted a work permit then its a further 9 months ish before your are approved as a PR.
You will probably need to provide a US address for the outland route, but I am not 100 % on this. I am applying outland through london and letters go to my parents home in UK as I am in canada.

2. I was unsure about this point before I filled out the forms (got married right before we filed). So i called CIC to ask and they told me that the name on the forms must match the name in the passport. If you want to apply with your married name you must obtain a new passport in your married name. It is possible to file your application, THEN get a new passport providing you forward them a copy of the new bio page so they can update your file (I got this info from CIC london, emailed them and asked) The PR card will also be issued in the name on the forms and passport.

I don't have any answers with regards to questions 3, 4 and 5. But there are MANY knowledgable people on here, I am sure someone will be able to help you out.

Good luck! And congrats on your wedding tomorrow, have a fabulous day!

Thank you for your reply. Your answer to #1 induces a further question.

If I was to apply outland and actually be living here in Canada with my husband and our newly merged family, would I just apply for an Extension of Authorization to Remain in Canada as a Temporary Resident (I would have to do this at least 30 days before my time here expires... my passport crossing has no stamp but by my entry date it would not expire until 6 months has passed, which puts it at July-2011, meaning June-2011 I would have to have the paperwork to them). Are OWP (open work permits) available after first stage approval for outland applications as well? I currently work PT (20 hours per week) for a company in the States remotely from my PC (personal computer) and would like to be able to accept FT employment (locally) by the summer time, which would seriously help our finances (to have me working FT as well as my husband, who already is working FT and has continually done so at the same company for many years).

 

[pinklady]

No, you can't get a work permit after first stage approval if you apply outland, you have to wait until you have your permanent residency before you can work. It says on the CIC website that buffalo takes 11 months to complete applications, but if you look at peoples timelines you'll see processing is often quicker than the stated 11 months.
It is important that you don't outstay your welcome so you should apply for extension of your visitor status. I don't know the details of this process, I return to england fairly frequently so have never been here longer than 6 months at a time.
Post some questions in the buffalo thread, they might have more specific answers for you.

 

[pinklady]

http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-buffalo-applicants-t41886.2655.html

Look at this chart to give you an idea of buffalo timelines.

 

[jmni1]

You should apply OUTLAND, it is much faster. Also if you work remotely there should be no problem continuing your job while in canada waiting out the process. (I assume you can have your pay direct deposited and you only need internet, this would give you the best of both worlds faster processing and employment. The employment barrier is only for working IN CANADA for a company in canada so working remotely for a U.S. company should not be a problem.

Also yes all you need to do is request an extension of your visitor status 1 month prior to the expiration date. It is best if you can provide them with proof of an application in process, application fees paid, ect when you apply for the extension. This should increase your chances of getting approved and for a longer time. I think you can even as for a 1 year extension.

Also we have a thread for Buffalo Outland applicants where we are happy to answers your questions and you can track the timelines for other people.

Also you can have your medical exam done in Canada for an Outland application just print off the form and fill it out that is included in the country specific forms for the u.s.

 

[Woman_USA_to_Canada]

You should apply OUTLAND, it is much faster. Also if you work remotely there should be no problem continuing your job while in canada waiting out the process. (I assume you can have your pay direct deposited and you only need internet, this would give you the best of both worlds faster processing and employment. The employment barrier is only for working IN CANADA for a company in canada so working remotely for a U.S. company should not be a problem.

Also yes all you need to do is request an extension of your visitor status 1 month prior to the expiration date. It is best if you can provide them with proof of an application in process, application fees paid, ect when you apply for the extension. This should increase your chances of getting approved and for a longer time. I think you can even as for a 1 year extension.

Also we have a thread for Buffalo Outland applicants where we are happy to answers your questions and you can track the timelines for other people.

Also you can have your medical exam done in Canada for an Outland application just print off the form and fill it out that is included in the country specific forms for the u.s.

I am working PT (20 hours per week) and we would really benefit from my working full time (with two kids private tuition to pay for - personal choice for smart children). I am not able to take my remote work to FT hours, I am limited to PT. So, a OWP would be a significant benefit for us. I found out (in the last hour) if we apply outland there is a chance that we would have to go to the States to interview (if they request an interview) which is not an option because both our kids would stay here and if there was any chance of me not being allowed back across the border I would be devastated, not to mention, as a mother, I play a pivotal role in day-to-day goings-on of our household and the child raising. I do not wish to risk this. If we apply inland our extension to stay is automatically granted and our interview (if applicable) is in Canada.

I realize, now, that inland can take much more time, however, it seems the safer route. When I applied for rehabilitation I was told it would take 9-12 months from the Washington DC Embassy (longer from other embassies) and it ended up taking 18 months. I believe that making the right choice is so much more important than the expedient choice; though time could potentially be an issue in any circumstance (as things can change in life).

I still need to find out more about line items 3, 4 & 5 from my original post. I do thank you all for your input, as it has helped me to clarify a few things, as well it has given me the ability to correctly search out more information from the immigration website.

Have a blessed day.

 

[Kenomee]

4.) My husband has (from many years ago) a bankruptcy (that was officially discharged). The sponsorship application asks about this. Considering it was discharged,do we need to answer that he has been a bankrupt and include copies of the paperwork of discharge?

The question is...
Are you an undischarged bankrupt as defined in the Bankruptcy and Insolvency Act?

His answer is of course, no as he has been discharged.

No paperwork is necessary if your husband has been bankrupt in the past, as long as he has been discharged. When someone declares bankruptcy in Canada, two income tax preparations are made for that year when the bankruptcy is commenced, one for before the bankruptcy and one after. When your husband orders his Option C printout, as listed in the guide, it should be clear that he is no longer in bankruptcy which is all they are looking for.

Good luck!!

 

[waitingintz]

I would think that applying outland will be safer for you.

If you apply inland you do risk a refusal on your extension in which case you would have to leave. Someone please correct me if I am wrong but the extension is NOT guaranteed. Many american applicants go back and forth without difficulty as long as you only remain in canada within the limitations of your visa or whatever extension you are able to get.

While yes, some applications do take longer to process, many finish processing through buffalo within a 4 - 6 months. Considering the children etc, I would suggest spending a lot of time making sure you submit the strongest possible application. Make sure you get answers to all the questions you listed below (sorry, I can't help with those) and submit a solid and clear application with plenty of evidence to give you the best possible chances of finishing quickly and moving on with your lives.

If you cut all ties to the US then if you had to leave Canada for any reason (whether due to extension denied or an emergency in the US or for work reasons) you may have difficulty getting back in (you would need to prove you would be leaving again and with a husband in canada and no ties to the US this will be difficult). It would be a good idea to make sure you have clear ties to the US... you have the work contract which is good but something to show residence there as well would be helpful.

If you were called for an interview as an outland application, you would have to leave Canada for the interview... but the only reason you would not be allowed back would be if your PR was rejected... in which case you would end up in Canada illegally eventually anyway. Also in case it wasn't clear - only you would have to go to the interview, not your husband.

And congratulations on your wedding!!

 

[jmni1]

Also to get an OWP you need to apply for one, even if you do the inland route you would not have an OWP for 9months or more and by that time your buffalo applciation would likely be done. Also like the previous poster said only you are required to go to an interview not the sponsor (even though MOST people do not get called for an interview). I had an interview in Buffalo based on the limited evidence I submitted with my application (no pictures, only cards, reciepts, and skype logs) The interview was not difficult and I got my PR visa the same day anyhow. However I am the exception not the rule ont eh buffalo forum only a couple of us hadve interviews most of them get waived so I would not be overly stressed about it. Make sure you submit for the FBI backround check now if you have already not done so it can take 2-3months to get back. Also it is only valid for 6 months from the issue date. Also do the medical exams as close tothe time you submit your application as possible ( they are only vailid for 1 year from when they are done) so in case the process takes longer you should hopefully be able to avoid having to redo all the medicals. Sorry not sure the other answers on bankruptcy ect.

 

[theunknownpapi]

Hello I have a couple of questions and I am looking for some answers or Guidance please HELP. I will try to be short and brief.
Well in 2002 I met my significant other but we lost contact for a couple of years. Then we recently got a hold of each other on March 2010. I came to Canada from August 12, 2010 to August 19, 2010 to see her. When I arrived to Canada by Airplane I got questioned by immigration and they let me in to the country.They also stamped my Passport With the date of Feb 11 2012. On Aug. 19th 2010 I went back to the States without any problems. I came back to Canada on October 23 2010 but this time I came by bus and when I went to Immigration I didnt get stamped. I was just asked a simple question and I was let in. It is now April 11 2011 almost 6 months and I dont know If I have to file for an extention for my visit. I wonder if this 6 month visit applies only to Countries like Africa, Peru, Brazil etc.. and not to Citizens from the United States. I really dont want to break any laws. Our plans are to get married Next month being May and move back to the Unites States in a couple of months. I would really appreciate anyones suggestions or guidance regarding this matter.

Thank you.

 

[scylla]

The six months applies to all visitors - including those from the US. To keep your status legal, you should either file for an extension to your visit or leave the country and re-enter to re-set the clock.

 

[theunknownpapi]

Thank you very much for your reply. Now do you think If I leave Canada would I risk not being able to return shortly after?