When to submit application? Inland or outland?

[SMA.DE]

I am visiting my spouse in Canada with a multiple entry visa now. Meanwhile, I have submitted a study permit application and waiting for the result. Here are my questions hope someone can give a hand:
1. If I get my study permit granted and it's valid over 1 year, can I submit my family sponsoring application to Buffalo despite the fact that I am only in Canada since May?

2. If my study permit is not granted, I am planning to submit an inland application. The thing is that I need to go back to my home country with my spouse for 2 or 3 months. Should we submit the application before we leave Canada or submit after we come back to Canada? Which way would be better in terms for the border office to let me re-enter the country?

thanks a million!

 

[scylla]

Is your spouse a Canadian citizen or Canadian PR?

 

[SMA.DE]

She is a PR

 

[scylla]

1. Yes - you can submit your application via Buffalo if you obtain a study permit that's valid for over 1 year. However keep in mind that if an interview is required, it will be held in Buffalo. Are you from a country that requires a visa to enter the US? If so, then I would very strongly recommend that you NOT select Buffalo as your processing office. There have been several cases on this forum where people were called for an interview and were then refused a US visit visa. Since they could not attend the interview, their application was refused and they had to start the process all over again.

2. If you decide to apply inland, don't submit the application until you return. Since your spouse is a PR (rather than a citizen), she must be living in Canada to be able to sponsor you. Trips out of the country for 2-3 weeks are OK. 2-3 months is too long. So you'll have to wait until you return to submit the application. Having an inland application in progress does not make it easier for you to re-enter Canada.

Hope this helps!

 

[SMA.DE]

Scylla, your info is really helpful! Do you know the reason why their us visa was refused? I have a US B1/B2 visa, but it's only valid till Jan 2012. I hope I can get a new one after this one.

 

[scylla]

I'm assuming their visas were refused because US officials thought there was a chance they might overstay. This often happens when someone is applying from a country (in this case Canada) where they only have temporary status. In the three cases I remember, they all presented strong evidence that they were only interested in visiting the US to attend their Canadian PR interview - but unfortunately this didn't make a difference.

If you know for sure that you can get your B1/B2 renewed, then you're in great shape to apply through Buffalo! If the renewal of your B1/B2 isn't guaranteed, then I'm not sure what I would suggest...

What's your home country? How bad are the outland processing times?

 

[SMA.DE]

Of course, I cannot 100% sure about the renew of my US visa.
Is there a high interview rate for buffalo applicants,especially for those not US citizen?
Also, if there is background check involved, how long will the buffalo process go?

By the way, I am a citizen of China. Although Beijing has the fastest process time, I choose not to apply through them because I have two little infants in Canada. If there is an interview required, I cannot go back to Beijing as my wife along cannot take care of the two little naughty things.

 

[emrn]

Correct me if I'm wrong my conjugal partner is in Toronto and I'm in the Philippines. He wanted to apply inland because he thinks it is faster but of what I have read if he applies inland and if I get called for interview and I can't go to Canada my app will be forfeited? Is this correct?

If so then we should apply outland but I will send my papers to him and he will be sending it from toronto will that be ok? or will it be considered inland since it will come from toronto? Ur reply will be appreciated. thanks

 

[CharlieD10]

Correct me if I'm wrong my conjugal partner is in Toronto and I'm in the Philippines. He wanted to apply inland because he thinks it is faster but of what I have read if he applies inland and if I get called for interview and I can't go to Canada my app will be forfeited? Is this correct?

If so then we should apply outland but I will send my papers to him and he will be sending it from toronto will that be ok? or will it be considered inland since it will come from toronto? Ur reply will be appreciated. thanks

Inland applications require that the applicant be residing "In Canada", that's why it's the "Spouse/Common-Law Partner In Canada" application. As you are residing in the Philippines, your only choice is to submit an Outland application, which is processed in Manila. He will submit the application to Case Processing Centre-Mississauga, and after approving him as a sponsor, CPC-M forwards the application to Manila.

 

[SMA.DE]

I am also wondering that whether inland applicantion got more chances to be background checked as the visa officer have more time to process a case compared to outland applicantion processed in Buffalo?

 

[emrn]

great, thanks for ur help

 

[CharlieD10]

I am also wondering that whether inland applicantion got more chances to be background checked as the visa officer have more time to process a case compared to outland applicantion processed in Buffalo?

All applicants, regardless of Inland or Outland, are subjected to the same background checks. How the checks are conducted differs because of the applicant's location and the visa office, but the checks are the same.

 

[SMA.DE]

1. Yes - you can submit your application via Buffalo if you obtain a study permit that's valid for over 1 year. However keep in mind that if an interview is required, it will be held in Buffalo. Are you from a country that requires a visa to enter the US? If so, then I would very strongly recommend that you NOT select Buffalo as your processing office. There have been several cases on this forum where people were called for an interview and were then refused a US visit visa. Since they could not attend the interview, their application was refused and they had to start the process all over again.

2. If you decide to apply inland, don't submit the application until you return. Since your spouse is a PR (rather than a citizen), she must be living in Canada to be able to sponsor you. Trips out of the country for 2-3 weeks are OK. 2-3 months is too long. So you'll have to wait until you return to submit the application. Having an inland application in progress does not make it easier for you to re-enter Canada.

Hope this helps!

Scylla, further question, if I didnt' submit an inland sponsorship application, will the VO think I have the intention to immigrate and over stay when I try to enter Canada again as my study permit application was refused?

 

[lizet]

Often it is waaay faster to apply outland then inland. Other pros are that you, as the applicant, is allowed to leave the country and come back. Yes, sometimes you'll be able to work after the same amount of time but with the outland application you'll be able to apply for OHIP faster, which is probably something you want.. Anyway, in your case, you don't really have the choice of an inland app unless you move here.