What are my options - lingering U.S. issues; fiancé is a Canadian citizen...

[tolzy]

Hello everyone,

I've been on this forum for a little over 3 years now. In that time, I've tried many different ways to get into Canada:

• Study permit (got rejected twice)
• Manitoba PNP (couldn't find a sponsor for the MAS form so I didn't submit it)
• Other PNPs (you need to find an employer first, and that's no easy feat)
• FSW (my occupation got dropped off the list just as I was about to put in my application)
• Work permit/AEO (essentially a dead end since no employer is willing to go through the LMO hassle)

Those interested in a chronicle of my 'adventures' are welcome to visit the following threads:

• canada-immigration-discussion-board > immigration-options - thread 19546
• canada-immigration-discussion-board > mpnp-mas-forms - thread 48014
• canada-immigration-discussion-board > out-of-status-in-the-us - thread 59299

Here is where I stand:

• In my exploration of all possible ways into Canada, I was introduced to a Canadian citizen in late 2010. This gentleman is now my fiancé, and we're looking to get married soon
• In March 2011, I was accepted to the University of Alberta for an M.Sc Computing Science program with a full teaching assistantship. In the summer of 2011, I applied to the Canadian consulate (first in NYC and then Buffalo) for a study permit and was denied both times on the same grounds: 1) your travel history, 2) your immigration status (in the U.S.), 3) your family ties in Canada and in your country of residence
• Highly discouraged, but not totally devastated, I deferred my University of Alberta admission (and full teaching assistantship) to Fall 2012, and began working on legalizing my stay in the United States
• After much paperwork, biometrics, and research, I'm happy to report that my stay in the U.S. has changed from "out of status" to "authorized to work". Still going through the legal motion to get fully legalized, however, I'm NOT looking to stay in the U.S. since my goal is still Canada, especially since I now have a fiancé there

If you've read this far, thank you ever so much. However, I'm back at the drawing board now, albeit better than before, with the same question:

- What are my options for immigrating to Canada?

 

[scylla]

Have your Canadian citizen finace sponsor you once you are married. See the first thread here:

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

 

[strider316ny]

Tolzy, I am new in here and this topic caught my attention, I am trying to find the discussions/topics you listed (your "adventures") but I can't find any of them. Could you please provide Links? Seems like your topics provide good information.

Thanks

 

[tolzy]

Scylla,

Thanks so much for the helpful response. I'll take a look at the link for spousal sponsorship and revert back if I have any questions.

strider316ny,

Welcome to the forum. Unfortunately, I'm not permitted to post links. It appears the ability to post links is restricted to certain members only... Nevertheless, I've included parts of the links below. Simply type canadavisa.com before the first slash (/), paste into your browser's address window, and hopefully you arrive at your intended destination... Best wishes and good luck. I hope you find something useful:

/canada-immigration-discussion-board/out-of-status-in-the-us-t59299.0.html;msg566034#msg566034
/canada-immigration-discussion-board/out-of-status-in-the-us-t59299.0.html;msg565460#msg565460
/canada-immigration-discussion-board/mpnp-mas-forms-t48014.0.html;msg355493#msg355493
/canada-immigration-discussion-board/immigration-options-t19546.0.html;msg112591#msg112591
/canada-immigration-discussion-board/immigration-options-t19546.0.html;msg112048#msg112048
/canada-immigration-discussion-board/immigration-options-t19546.0.html;msg94031#msg94031

 

[tolzy]

Hello everyone,

Since you've all been so helpful in the past, I thought I'd stop by once again to provide an update on my situation:

- My fiance and I got married in December 2012. I completed my CIC medical exam in January 2013.

- In an attempt to be closer to my husband and also complete the spousal sponsorship within Canada, I applied for a Canadian visitor visa in March 2013 and was denied in May 2013 based on the same grounds as before (see above). I found this surprising since my husband supplied the invitation letter and his financial details, and the Come to Canada Wizard on the CIC website clearly indicated that I had a good chance of obtaining the visa based on the answers I supplied, all of which were truthful.

- With the visitor visa out of the question, we started gathering the necessary documents for the spousal sponsorship. We finally managed to get the application in by June 2013. In late July 2013, my husband received a letter from CIC indicating he met the requirements for eligibility as a sponsor, and my application was being processed at the Case Processing Pilot - Ottawa (NHQ - Centralized Processing Region).

- Meanwhile, here in the United States, I worked on ironing out my immigration issues. In December 2013, a judge accepted my request to administratively close the removal proceedings I inherited from my parents' unsuccessful asylum application fifteen years ago. In addition, I was able to extend my authorization to work until August 2015.

Per the CIC website, the processing time for the Ottawa office is 14 months. Anything over a year is already too long in my opinion, however, an alert on the page indicating the processing time does not take into account the PAFSO (Professional Association of Foreign Service Officers) STRIKE is especially discouraging. Given the situation, it appears the CIC cannot be held accountable for any of the posted timeframes.

At this point, I'm looking at any and all options to "fast-track" my application, if possible. I heard a rumor that if one obtains a job offer while the spousal application is pending, the employer can "piggy-back" off this application to get the candidate on the job faster. Any idea if this makes sense or is even feasible?

Your suggestions are welcome!

 

[scylla]

At this point, I'm looking at any and all options to "fast-track" my application, if possible. I heard a rumor that if one obtains a job offer while the spousal application is pending, the employer can "piggy-back" off this application to get the candidate on the job faster. Any idea if this makes sense or is even feasible?

There is no option available to fast track your application. Unfortunately you must wait your turn along with everyone else.

No - am employer cannot "piggy-back" off this application to get the candidate on the job faster. However if you can find an employer in Canada willing to offer you a job and that employer can also obtain an approved Labour Market Opinion, then you can apply for a temporary work permit. If approved, this will allow you to move to Canada temporarily to work while you wait out the processing of your PR application.

 

[Leon]

However, the problem with getting an LMO and trying to apply for a work permit would probably end up like your failed attempts at getting a student visa and getting a visit visa. Once you have been out of status in some country, Canada immigration thinks you will do that in Canada too.

However, the good news is that having been out of status does not affect a PR application because you can not overstay a PR. The 14 months listed for Ottawa is for 80% of applications so the average should be a little faster.

 

[tolzy]

Scylla and Leon,

Many thanks for your detailed answers. I found them quite helpful.

Just out of curiosity, what is involved in spousal sponsorship which mandates a processing time of 14 months? My husband is a Canadian citizen and I reside in the United States.

Any feedback and insights are greatly appreciated.

 

[scylla]

The following general activities are completed:

- verification that sponsor meets the criteria to be a sponsor
- verification that the relationship is genuine
- applicant background check
- applicant security check
- applicant medical test

The 14 months processing time is how long it took for 80% of applications to be processed. This means most get through faster and some quite a bit faster.

 

[Matthew Iwama]

@ Tolzy,

Based on your history, even if you apply for Family Class Sponsorship, I see this case going to Appeal 95/100 based on R4 of IRPR.

 

[Leon]

The processing time is not just because the processing is so time consuming but also because they are understaffed compared to the amount of applications they get.

 

[tolzy]

Scylla, Leon:

As always, thank you for responding quickly.

Scylla,

Could you please advise if the general activities you highlighted above are completed sequentially? I ask because sponsor verification was completed in June 2013, and I also have confirmation from CIC that my medical results have been received (January 2014). Should I expect a decision next (and if so, how long can I expect to wait) or is it possible the other steps are still pending (verification of relationship, applicant background check, applicant security check, etc)?

Your assistance is greatly appreciated.

 

[scylla]

Quite possible that verification of relationship, applicant background check, applicant security check are still underway.