Road To Canada Forums

Full Version: canadian sponsoring wife, seeking advice
You're currently viewing a stripped down version of our content. View the full version with proper formatting.
hello everybody,

trying to get the ball rolling on bringing my lovely wife into canada. we were just married on the 18th and excited to get this process going.

i'm a canadian citizen in vancouver, great qualities for a sponsor regarding job, home, etc.

she is american and has been staying in point roberts, wa. she entered canada this month without a passport stamp for our marriage, and is under the limit for the year.

what i'm trying to seek guidance for is whether i should:
- sponsor inland, and say that she is living with me now
- sponsor inland, and say that she is living abroad
or -whether she should apply outland.

i've read that its faster outland and have the right to appeal should something arise and cause a problem. she has a clean criminal record, health record, etc.

but ive also read that inland you can get an agreement in principle that could let her stay for the time being.

just really looking for a friendly push in the right direction based on the above facts and your personal experiences. any help will be greatly appreciated, and i thank you in advance.
OK, you're like a lot of people who've been misled by "promises" of the inland process. First of all, let me clear up a few misconceptions: first, you don't apply inland for a spouse who is living abroad. The inland process is only for applicants who are in Canada and who intend to remain in Canada during processing. You might think, "Oh, well, that's us" but think again. First problem: your wife entered Canada without receiving documentation of her entry from Immigration Canada. That happens routinely for US citizens, but makes it very difficult to apply via the inland process because they cannot prove that they haven't overstayed their initial entry status - and if that happens, the application falls out of the normal processing timeline (which is still 12-18 months) and can take years to finalize. In addition, Approval in Principle is not automatic . . . it only happens within the 6-7 months timeline if the applicant has valid, documented temporary status when they apply and they include an extension to that status WITH the inland PR application. Your wife will not be able to do that, having entered without receiving even a stamp in her passport.

At any rate, applying outland is 99.9% of the time the preferred method for a US citizen applicant . . . even if they plan to remain in Canada during processing. Buffalo finalizes spousal PR aps in 4-10 months. Add another month for the sponsor's assessment at CPC-Mississauga before the file goes to Buffalo and you've still got a decision in about the same timeframe that you'd only have first stage approval for an inland ap - and only if that ap was straight-forward, which yours wouldn't be.

If you need more convincing - inland has a residency requirement that outland doesn't . . . your wife would have to stay in Canada, even if she gets stuck in some local office que for years without even getting a work permit. If she leaves and isn't allowed to re-enter, that inland ap is forfeited. And the inland process has no right of appeal - whether that's an issue or not, CIC makes mistakes sometimes and it's never good to put yourself in a situation where she might be refused and have to leave the country.

The drawbacks to outland: if an interview is required, she'll have to attend it at the overseas visa office. Being you're in Vancouver, you'll designate Seattle as your interview preference location. IF there is an interview, she may not be readmitted after - but chances are, if you're with her, she will be. Also, if you provide strong support of your "genuine relationship" - meaning that you are not in this relationship just to get her into Canada - you have a good chance of seeing any interview waived.

The one glitch is her staying with you - first, it's not required that she does if she applies outland the way it would for an inland ap. And filing inland does not get her the ability to stay anymore than outland would - but the trouble is that right now she has no way to apply from within Canada to extend her status. As a US citizen, if she's admitted to Canada she is authorized to stay for up to six months, and then she has to leave. My suggestion would be that you get things in order to apply for PR, pay the fees, get a certified copy of your marriage licence and then leave Canada together. You'll come back in together, you'll introduce her as your wife and state your intention to sponsor her for PR. Have a copy of your marriage licence, your receipt for PR fees paid, and a copy of the letter you will get from your employer to submit with the PR application. The immigration officer will send you both inside to the secondary officers and they will assess the situation for giving her extended temporary status to stay with you in the form of a Visitor Record. The key here is to go to them and present yourselves, and let them take it from there. Don't tell them what you think you need - just let them tell you. You, as the Canadian, should do all the talking and turn over any documentation they require. They will likely issue her a VR to stay for six months to a year - you use that status to apply to extend status before it expires (if her outland PR ap is not finalized by then) and she'll be able to continue to stay until finalization of her PR. She won't be able to work or go to school but, again, you're probably only looking at an average of six months time for a straight forward case before her PR is finalized and she'll be free to work, or whatever, without any permit at all.

Check out the US2Canada website, especially the Visiting tab and the link to Visitor Records for more info.
Mostly a ditto.

For emphasis: there are many, many of us Americans who were physically in Canada but filed an outland app, and did so successfully. And many of us, like me, were tempted, initially, to file an inland app but in doing extensive research (including reading this and other forums), "due diligence" one might say, we realized that we could go outland and that the benefits of doing so far outweighed any possible benefits of the inland process.
good advice that i was looking for, i appreciate it - both.
Reference URL's