USA Citizen sponsored by Canadian Husband..please help

[aminata2010]

Any feedback would be greatly appreciated..

I have been with my husband since 2010..i actually stayed with him Toronto over 6 mos..which lead me be told to leave canada for a year(2/2011)..I left for a year but now able to visit back and forth since 2/2012. My husband and I got married 6.24.2013( he came to the US)..we are now in the process of wanting to apply for me. I am waiting for my FBI background check..called them today and was told I should get it back by 1/15/2013. My question is i am wondering if it is best to apply while i am here, or am i able to go there and apply..if so will i be able to get a work visa later on while waiting?.p.s i've tried to tell my husband he should just move here but he prefers Canada.

 

[osdamour]

Hi you can certainly apply while in canada but you won't be able to work be for the process is over nor leave canada while your app is in process. Hero member correct me if I'm wrong

 

[aminata2010]

Thanks for your feedback, I could go there ..but sitting around and not doing anything would get to me quickly, however I do want us to be in the same household.

 

[scylla]

Read the first post here for an overview of your options:

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

In short, if you apply outland, the processing time will likely be much faster but you will not be authorized to work while you wait. If you want to work while you wait, then you would have to find an employer who is willing to offer you a job, that employer would then have to obtain an approved labour market opinion (unless you qualify under NAFTA) and then you would have to obtain a work permit.

If you apply inland, the processing time will very likely be longer however you will be granted an open work permit once your application has first stage approval. First stage approval currently takes 11 months to complete.

Since you're from the US, I would recommend applying outland. If you really want to work while you wait, then there's nothing stopping you from trying to find an employer.

 

[aminata2010]

Thanks Scylla..i've come to the realization it is quite hard to find an employer while outside..I thought of relocating with my current company, however they are in Edmonton and I will be in Calgary, perhaps it's best to just wait it out..what is another year or so..(sigh)

 

[aminata2010]

What if I applied outland then moved there..would that hinder my application or be frowned upon?

 

[scylla]

You're not allowed to "move" to Canada. You can certainly visit and this will have no negative impact on your application. But moving to Canada is not allowed until you have PR.

Be very careful using the word "move" when crossing the border and make sure you don't pack like you're moving. Otherwise you could run into issues entering the country. Especially given the fact that you were already told to leave once in the past (and it sounds like you may have also been given a one year exclusion order?).

If you want to stay longer than six months once you're in Canada, make sure you apply for an extension this time rather than overstaying your visit.

 

[aminata2010]

oh yes..i have learned my lesson very well with Canada..I was given a 1 year exclusion, that is why I am trying to be very careful and not make another mistake...

 

[aminata2010]

just to add...since being allowed back..i find it easier to just fly instead of drive through(less hassle and questions)..

 

[keesio]

Sponsorship for a US spouse is not bad in regards to timeline. My wife got hers on 7 months, though timelines have since increased a bit recently. But 8-10 months is still the norm for a good (i.e. complete and solid) application.

My wife came up a bit early to just get familiar with where I live and took on some hobbies and such while she waited for the application to get finished. She was initially bored but soon found things she liked to do to fill her time and made some friends.

 

[aminata2010]

7 months does not sound so bad 8)..glad to hear it all worked out..now i am just a bit scared of filling out the application, I do not want to make any errors..however I do not want to pay fees for a lawyer

 

[keesio]

The application is not too bad. But it can be time consuming to fill out and get all the required documents. And definitely double and triple check the application after you complete it. If you slowly take your time and carefully double-check it when you are done, you should be fine.

 

[aminata2010]

I will def do that, I have actually filled out a few pages, but after a while I end up closing the laptop..but once I get my FBI info back, i will buckle down and do it.

 

[aminata2010]

@ keesio..did you have to go into an interview? if so , how was the experience.

 

[keesio]

I will def do that, I have actually filled out a few pages, but after a while I end up closing the laptop..but once I get my FBI info back, i will buckle down and do it.

It is a good idea to take your time doing the application but don't underestimate it. It takes longer than you think and the earlier you finish, the more time you have to double-check the app.

Also - I was the sponsor, not the applicant. But my wife did not have an interview. For US applicants, it is uncommon to have an interview. The only time it happens if they have some issue with the genuineness of your relationship. For US-CDN couples, your application would have to have a pretty big red flag since CIC sees marriage fraud to get into Canada by US citizens as rare.