What is the best option for us?

[Triley]

Hello there all, looking for some advice. Some find it hard to believe, but I have been in a conjugal relationship for almost eight years now. My boyfriend had some issues on his side (he's the Canadian resident, I'm from the US) that he needed to clear up before we could go through with any applications, which is going to be done soon. But looking at the application times from the US makes me cringe - 26 months for the LA visa office, and 30 months for the NY visa office? Ouch.

Obviously I would much rather apply from within Canada, due to being able to live together for the duration of the application period. I know general consensus is that it is better and (used to be) quicker to apply from outside Canada, but the thought of being in a relationship for over ten years before we can live together is sickening. After skimming a few threads here, it sounds like I would be able to pass through immigration on my way in to Canada and get the max time period for a visa of six months, apply to extend it towards the end, and handle the sponsorship application within Canada. Aren't I just allowed to stay a maximum of one year at a time in Canada though?

Or is the only option really to take another two years and apply from the US? I'm just trying to understand how one could apply from within Canada.

Also, do not worry about us attempting to apply using a conjugal relationship. Four or five years ago we had started to fill out the sponsorship forms before an incident happened that caused us to have to put it on hold. So I have proof of our relationship being genuine for the last seven years, including seven years worth of travel documents to/from Canada, letters, photos, credit card statements, etc. I'm well prepared for this!

(I apologize if I do not seem very cohesive in my post. I'm dreadfully tired and have one hell of a toothache!)

-Tom

 

[zardoz]

While this may be hard to hear, from a CIC perspective, the chances of you being able to justify an application based on "conjugal" will be very small. Unless there is a legal or immigiration BARRIER to you getting married, either in the USA or Canada, you are unlikely to qualify as "conjugal". It's only applicable as a last resort.
Visitors are normally limited to a maximum of six months, although extension can be applied for.

 

[Triley]

Due to the issues currently holding back our application, he is not able to enter the US. Same sex marriage was not allowed in my state until recently, either. That being said, you are correct, there is nothing stopping us from being married in Canada, purely aside from family matters (wanting both families together, while most of my family does not even have a passport.)

That being said, even if we were married, does anyone have an idea about the part of applying from within Canada? Also I forgot to mention, I do not know if this would help or hinder things, but I do have a NEXUS card.

 

[zardoz]

If you marry in Canada and start cohabitation, you can immediately submit an "inland" application based on your visitor status. You just apply for an extension at about the 5 months mark. Many USA citizens have done this successfully. Keep reading the threads in this section for more information.

 

[canuck_in_uk]

Due to the issues currently holding back our application, he is not able to enter the US. Same sex marriage was not allowed in my state until recently, either. That being said, you are correct, there is nothing stopping us from being married in Canada, purely aside from family matters (wanting both families together, while most of my family does not even have a passport.)

As you say, no legal barrier preventing you from marrying in Canada, so conjugal will be a VERY hard sell to CIC. You would be much better off marrying before you apply. Smoother processing and significantly better chances.

American outland apps are actually processed through Ottawa, which is averaging less than 10 months right now; one recent applicant was approved in 5 months. Apps are only sent to LA or NY if there are issues and an interview is requested (good chance if you apply conjugal). You can be in Canada as a visitor while the outland app is processing, applying to extend your stay as needed.

 

[scylla]

What others have said. Apply outland - that will be fastest. Don't apply as conjugal - you don't qualify. Get married.

 

[rhcohen2014]

If you marry in Canada and start cohabitation, you can immediately submit an "inland" application based on your visitor status. You just apply for an extension at about the 5 months mark. Many USA citizens have done this successfully. Keep reading the threads in this section for more information.

there is absolutely NO benefit for a US citizen to apply "inland" right now. The current processing time for outland is 6-10 months, and the applicant can remain IN canada as a visitor during the entire processing. US applicants really need to only submit OUTLAND. There is no reason at all to keep yourself in limbo for an extra year and a half just to apply inland.

to the original poster, as others have said, a US application will be processed in Ottawa, not the us. APPLY OUTLAND! Visitors are technically allowed to visit for 6 mo., and it is dependant on the border agent who lets you in. Once you enter, you can extend your visit for the duration of the process by requesting a 12 month extension.

 

[Triley]

there is absolutely NO benefit for a US citizen to apply "inland" right now. The current processing time for outland is 6-10 months, and the applicant can remain IN canada as a visitor during the entire processing. US applicants really need to only submit OUTLAND. There is no reason at all to keep yourself in limbo for an extra year and a half just to apply inland.

to the original poster, as others have said, a US application will be processed in Ottawa, not the us. APPLY OUTLAND! Visitors are technically allowed to visit for 6 mo., and it is dependant on the border agent who lets you in. Once you enter, you can extend your visit for the duration of the process by requesting a 12 month extension.

I'm glad you all know what you're talking about. If it weren't for the expertise you all have, then I would be rebutting you because Ottawa says 15 months.

I'm very glad that I checked here for advice. I was sure that we would be waiting another few years. 6-10 months is nothing, after (just one month shy of) eight years!

One last question before I go, however. Do I have to do the medical exam in the States, or can I do that in Canada as well?

 

[rhcohen2014]

I'm glad you all know what you're talking about. If it weren't for the expertise you all have, then I would be rebutting you because Ottawa says 15 months.

I'm very glad that I checked here for advice. I was sure that we would be waiting another few years. 6-10 months is nothing, after (just one month shy of) eight years!

One last question before I go, however. Do I have to do the medical exam in the States, or can I do that in Canada as well?

the website states statistics for 80% of the cases, and the information is not current. The best way to see the current trend is this forum. Each month and visa office thread has a spreadsheet that tracks progress. Currently applicants from sept 12 - jan 14 are landing. keep in mind there are also applications that take 12 months.

You can get the medical done anywhere you want. my suggestion is to get it done in canada as it's far cheaper. in CT it cost $400!

 

[Triley]

the website states statistics for 80% of the cases, and the information is not current. The best way to see the current trend is this forum. Each month and visa office thread has a spreadsheet that tracks progress. Currently applicants from sept 12 - jan 14 are landing. keep in mind there are also applications that take 12 months.

You can get the medical done anywhere you want. my suggestion is to get it done in canada as it's far cheaper. in CT it cost $400!

Good to know it's cheaper in Canada. lol When we started our initial application those many years ago, I took a trip down to Coolidge Corner (suburb of Boston) and paid just over $400. Ugh.

 

[rhcohen2014]

Good to know it's cheaper in Canada. lol When we started our initial application those many years ago, I took a trip down to Coolidge Corner (suburb of Boston) and paid just over $400. Ugh.

lived in the boston area for 10 years! went to NU. no surprise it's just as pricey there.

 

[Ponga]

there is absolutely NO benefit for a US citizen to apply "inland" right now.

Yes there is!!!
A person that is in Canada without status and doesn't want to increase their chances of removal by submitting an Outland application.

Aside from this, I would agree that a US citizen should not apply Inland.