So I\'m editing this since he got back from the immigration lawyer\'s office and gave me the short version on what was talked about regarding the concerns we had. So just a run down on some of the things the lawyer said as it pertained to the questions we had.
1) Would it be better to do it inland or outland in our situation? Why? Well, according to the lawyer it would be better to do it inland because of my mishap with immigration in Toronto for anyone that knows my story about that. Apparently they keep track of that (confirmation anyone? =/) and so I would need to call immigration to find out what I need in order to be able to visit, go back, and then be able to get back in again. Good ole \"Guilty until proven innocent\" mind set when it comes to crossing the border and proving you have ties to the states! Yay! *Sarcasm* Also according to the lawyer it\'s a crap shoot that I\'d be allowed back in again after being able to visit and go back the first time.
I know that if I got married and wasn\'t allowed back in to see my husband that would devastate me and him for that matter. I am almost saying that I agree doing it inland because yes it takes longer, but my daughter and I would be there with him. And that > everything else.
2) Medical and school for my daughter during the process? Unfortunately not. I guess it won\'t be so bad if we\'re staying in the house all day. It\'s kind of what I\'m doing now and what we will be doing in the summer here in the States. A bit boring at times maybe, but not overly. House chores, maybe keeping my daughter up to speed with schooling on my own time, and doing whatever I could do from home. =/
3) Child support issue for my fiance? Yay! He wouldn\'t be required unless I took him to court for it and we\'re just counting that as a non-issue because we agree it doesn\'t make sense to take someone to court for support for a child that is not his. So we\'re relieved together (not that I was ever truly worried :P )!
4) Proof of a legitimate relationship? The last person the lawyer helped had like 6 inches of proof and they want
everything we can manage to get our hands on. We were told that if we got married they want the complete list of who, what, where, when, why, and then some. So instead of just doing the justice of the peace option like we were thinking.. church wedding it is. However, I guess it\'s not all bad.. I get my dress! :P I have kind of had my dream wedding planned out in my head for awhile. lol
So if it means printing out the 820 hours worth of talk time on my cell phone bills, chat logs, screen shots, ticket stubs from plane trips, the picture of my Valentine\'s Day flower he sent me and a copy of the card attached, pictures, and whatever else we can think of.. by God I will get whatever I can get my hands on and so will he. lol
We did have the idea of going back to the immigration lawyer once we got everything ready for our application. We would present him with all our \"evidence\" of our legitimate relationship with our application and if he could find a hole in our evidence or application, we\'d fix it, and then ask him again. It may cost some money, but it\'d be well worth it.
I\'m sure there was other stuff that was covered that I\'m just forgetting, but if there\'s anything that anyone knows we should ask, please feel free to add it. I guess he\'s going back for a second opinion from another immigration lawyer.
Thanks in advance.
\'MissEliseth\' pid=\'57005\' dateline=\'1301510342\ Wrote:So I\\\'m editing this since he got back from the immigration lawyer\\\'s office and gave me the short version on what was talked about regarding the concerns we had. So just a run down on some of the things the lawyer said as it pertained to the questions we had.
1) Would it be better to do it inland or outland in our situation? Why? Well, according to the lawyer it would be better to do it inland because of my mishap with immigration in Toronto for anyone that knows my story about that. Apparently they keep track of that (confirmation anyone? =/) and so Good ole \\\"Guilty until proven innocent\\\" mind set when it comes to crossing the border and proving you have ties to the states! Yay! *Sarcasm* Also according to the lawyer it\\\'s a crap shoot that I\\\'d be allowed back in again after being able to visit and go back the first time.
Getting into the country doesnt have anything to do with the way you file for immigration (outland vs inland). They do keep records of your border crossings but this does no mean that you are barred from the country because you have been turned away before. You will in all likelihood be scrutinized because of what happened before and probably have less of a chance of getting in without serious proof that you intend to leave, but like he said, getting into Canada without PR or citizenship is always a craps shoot. There is NOTHING you can do to guarantee you will be allowed in on any attempted border crossing. As far as \" I would need to call immigration to find out what I need in order to be able to visit, go back, and then be able to get back in again.\" I have no idea what that means. Immigration will have nothing to say to you about this. The decision on whether or not you may enter is up to the border guard and a call center rep at CIC will have nothing profound to say about the subject. You cannot get any kind of status that allows you to come and go as you please. It is always just a craps shoot and there is nothing special you can do to make your chances any better except for showing ties to the states and convincing the border guard that you are going to leave.
Being MARRIED and having your Canadian spouse with you at the border DOES, however, give you the best chance of entering, especially if you have your application for PR in already. He would be the one talking at the border and requesting permission to bring his wife who he is sponsoring for PR, into the country. But obviously you wont be married for your next attempt at entering.
ALSO if you intend on attempting to go back and forth while you app is processing inland is a HORRIBLE idea. If you leave Canada and don\'t return soon, and/or are denied re entry, then your application gets thrown away! and you will have to start from scratch again.
Now, if what you are thinking is that it is best to apply inland so that you can just stay with your spouse during the whole process, this is also incorrect. You may stay with your spouse whether applying inland OR outland. The method which you choose to have your application processed does not affect your ability to stay in Canada. Either way you go, IF you want to stay in Canada during processing you must maintain temporary resident status. So you can apply Outland and you can stay in Canada the whole time, AND if something happened where you HAD to leave for some reason, while you wont have a great chance of getting back in (unless your husband is with you) you can at LEAST have the comfort of knowing that if you do try to re enter and are denied, it will NOT affect your application for PR. Had you applied inland, your application would be tossed in that scenario.
I know that if I got married and wasn\\\'t allowed back in to see my husband that would devastate me and him for that matter. I am almost saying that I agree doing it inland because yes it takes longer, but my daughter and I would be there with him. And that > everything else.
I basically just explained this but I want to be perfectly clear. You MAY stay with him while applying outland. The term \"outland\" refers to where the application is processed. NOT to where YOU are while the app is processing. Now sometimes there are perks to applying inland, like, some places will allow you to go on provincial health care and you can apply for a work permit for instance, BUT, If your app is straight forward then a lot of the time you will be approved for PR sooner than it would have taken for you to be eligible to apply for a work permit as an inland app (6 months i think?). Anyway most of us here have weighed the pros and cons and just about all of us decide that outland is better. It is faster and give you the option of staying in Canada with your love OR leaving if for some reason you must. I know how scary the thought is of begin separated from your guy. It is my biggest fear! But applying Inland will in no way benefit your ability to be with him physically.
2) Medical and school for my daughter during the process? Unfortunately not. I guess it won\\\'t be so bad if we\\\'re staying in the house all day. It\\\'s kind of what I\\\'m doing now and what we will be doing in the summer here in the States. A bit boring at times maybe, but not overly. House chores, maybe keeping my daughter up to speed with schooling on my own time, and doing whatever I could do from home. =/
Another reason to apply outland. No school or medical benefits for 4 to 11 months (outland) is far nicer than no school or medical benefits for 12 to 16 months, or longer (inland). Plus remember you might even get medical. If your husbands employer offers medical, there is a good chance you will be covered. Plus there are those private policies you will be looking into. ALSO if all else fails and you have no Medical benefits and something happens, If you have applied outland you will have the option of going to the states to get treatment without putting your app at risk.
3) Child support issue for my fiance? Yay! He wouldn\\\'t be required unless I took him to court for it and we\\\'re just counting that as a non-issue because we agree it doesn\\\'t make sense to take someone to court for support for a child that is not his. So we\\\'re relieved together (not that I was ever truly worried :P )!
YAY!
4) Proof of a legitimate relationship? The last person the lawyer helped had like 6 inches of proof and they want everything we can manage to get our hands on. We were told that if we got married they want the complete list of who, what, where, when, why, and then some. So instead of just doing the justice of the peace option like we were thinking.. church wedding it is. However, I guess it\\\'s not all bad.. I get my dress! :P I have kind of had my dream wedding planned out in my head for awhile. lol
Yes as I have told you before... ALL evidence you can muster you should send in. There is NEVER too much evidence. Send it in a shoebox if you have to. That said, however, you do NOT have to have a fancy wedding. I know you obviously want to so please have one if thats best for you guys! BUT if it does make more sense financially or whatnot to have a small civil ceremony it will NOT hurt your app! TRUST ME! I, for instance got married in a reverend\'s living room, wearing jeans while a her poodle licked my hand. my mom, stepfather, sister and her BF was there. We did not even exchange rings and instead gave a thumbs up. No reception afterwards either. Just went out to dinner. They dont seem to be questioning our relationship. We simply explained that that wasnt our style. That we cared about our lives together and not glitter and \"princess complex\" parties. End of story. If you decide to have a small ceremony then just give them the reason for it and dont worry about it.
So if it means printing out the 820 hours worth of talk time on my cell phone bills, chat logs, screen shots, ticket stubs from plane trips, the picture of my Valentine\\\'s Day flower he sent me and a copy of the card attached, pictures, and whatever else we can think of.. by God I will get whatever I can get my hands on and so will he. lol
Yes all of that is good.
We did have the idea of going back to the immigration lawyer once we got everything ready for our application. We would present him with all our \\\"evidence\\\" of our legitimate relationship with our application and if he could find a hole in our evidence or application, we\\\'d fix it, and then ask him again. It may cost some money, but it\\\'d be well worth it.
This is a good idea. Always good to get the opinion of a third party. Just try to find a lawyer whom you trust. Now everyone is human so you can\'t expect anyone to be right about everything so do your own research and decide ultimately for yourself if your application is ready to go. Use the lawyer as a guide only. SO many people have been mislead by immigration lawyers (myself included) so just be careful about how much weight you give his opinion.
I\\\'m sure there was other stuff that was covered that I\\\'m just forgetting, but if there\\\'s anything that anyone knows we should ask, please feel free to add it. I guess he\\\'s going back for a second opinion from another immigration lawyer.
Good idea to get another opinion
Thanks in advance.
My biggest concern is that you may do an inland application for the wrong reasons. I have not heard anything about your situation that leads me to feel the that would be the best route for you. All reasons you have given are based on misunderstandings, as far as I can tell. If you have good reason to feel that inland is best for you then do it please, just make ABSOLUTELY sure you well informed about the consequences and are truly aware of your options.
\'Rene2\' pid=\'57017\' dateline=\'1301531134\ Wrote:* Being MARRIED and having your Canadian spouse with you at the border DOES, however, give you the best chance of entering, especially if you have your application for PR in already. He would be the one talking at the border and requesting permission to bring his wife who he is sponsoring for PR, into the country. But obviously you wont be married for your next attempt at entering.
* ALSO if you intend on attempting to go back and forth while you app is processing inland is a HORRIBLE idea. If you leave Canada and don\'t return soon, and/or are denied re entry, then your application gets thrown away! and you will have to start from scratch again.
Well, I would stay in Canada with husband and my daughter throughout the whole duration of the PR application process. I don\'t see any reason to go back and before my Toronto mishap I already knew that I would be facing never going back to the states so that\'s just something I have mentally prepared myself for anyway.
* Now, if what you are thinking is that it is best to apply inland so that you can just stay with your spouse during the whole process, this is also incorrect. You may stay with your spouse whether applying inland OR outland. The method which you choose to have your application processed does not affect your ability to stay in Canada. Either way you go, IF you want to stay in Canada during processing you must maintain temporary resident status. So you can apply Outland and you can stay in Canada the whole time, AND if something happened where you HAD to leave for some reason, while you wont have a great chance of getting back in (unless your husband is with you) you can at LEAST have the comfort of knowing that if you do try to re enter and are denied, it will NOT affect your application for PR. Had you applied inland, your application would be tossed in that scenario.
The only time that he would be at a border with me would be when I land in Halifax. The only problem with always going to Halifax is the fact that he would have to drive 3-4 hours JUST to pick me up. We are cautious about passing through Montreal as it\'s not anywhere near him and Toronto I want to stay as far away from as possible
* I basically just explained this but I want to be perfectly clear. You MAY stay with him while applying outland. The term \"outland\" refers to where the application is processed. NOT to where YOU are while the app is processing.
That I get, but the thing we\'re looking at is my daughter accompanying me. She will be my biggest tie to the states when it comes to this upcoming visit. I should have a court date set for when I\'m supposed to return to get legal custody of my daughter so that should hopefully be enough. As well as my fiancee and his mom being there to say I\'m going back when they are there to get me through the border crossing. When I go up a second time she may possibly be with me and if we start the application upon my second visit, then I\'ve removed my ties to the states.
* It is faster and give you the option of staying in Canada with your love OR leaving if for some reason you must. I know how scary the thought is of begin separated from your guy. It is my biggest fear! But applying Inland will in no way benefit your ability to be with him physically.
Yes, outland is a lot faster, but why is there no benefit to inland? There\'s got to be some kind of benefit since in the landing thread so many people did inland. You can\'t leave if applying inland so I\'m just curious as to why there\'s no benefit?
* Another reason to apply outland. No school or medical benefits for 4 to 11 months (outland) is far nicer than no school or medical benefits for 12 to 16 months, or longer (inland). Plus remember you might even get medical. If your husbands employer offers medical, there is a good chance you will be covered. Plus there are those private policies you will be looking into. ALSO if all else fails and you have no Medical benefits and something happens, If you have applied outland you will have the option of going to the states to get treatment without putting your app at risk.
Well, no school wouldn\'t be completely horrible. His mom is a teacher\'s aid and so there could be reading and math materials for her grade level that could be brought home maybe. Also there is a private health policy I\'m sure we could get for my daughter and I and that would be sufficient.
* Yes as I have told you before... ALL evidence you can muster you should send in. There is NEVER too much evidence. Send it in a shoebox if you have to. That said, however, you do NOT have to have a fancy wedding. I know you obviously want to so please have one if thats best for you guys! BUT if it does make more sense financially or whatnot to have a small civil ceremony it will NOT hurt your app! TRUST ME! I, for instance got married in a reverend\'s living room, wearing jeans while a her poodle licked my hand. my mom, stepfather, sister and her BF was there. We did not even exchange rings and instead gave a thumbs up. No reception afterwards either. Just went out to dinner. They dont seem to be questioning our relationship. We simply explained that that wasnt our style. That we cared about our lives together and not glitter and \"princess complex\" parties. End of story. If you decide to have a small ceremony then just give them the reason for it and dont worry about it.
Nah, we\'re going cheap, but if we\'re going to be married in a church, then I\'d like to at least have my dress which is like $500-$600 down here in CA. We originally wanted an outdoor wedding for the real one and just to get married at a justice of the peace for the application, but we\'re told we may need a really small formal wedding from the sound of it. If that\'s true, then the only thing I am asking for is the dress. No princess complex just that I\'ve had my wedding planned out in my head for awhile. lol See link! http://www.alfredangelo.com/AAwatermark....Normal.jpg (Just in light pink though!) The dress is probably cheaper in Canada since I was so happy to hear Alfred Angelo is carried up there! *Squeel*
Seriously though we\'re only doing the basics with cheap rings and the such just so that we can take pictures and say \"See church wedding!\" Anyway, I just can\'t wait to get excited about the whole wedding aspect finally and I\'ll end the wedding rant! lol
* This is a good idea. Always good to get the opinion of a third party. Just try to find a lawyer whom you trust. Now everyone is human so you can\\\'t expect anyone to be right about everything so do your own research and decide ultimately for yourself if your application is ready to go. Use the lawyer as a guide only. SO many people have been mislead by immigration lawyers (myself included) so just be careful about how much weight you give his opinion.
Yeah, this is true. He is going to talk to another immigration lawyer (or two or three) to compare notes on what was said. It\'s easier to believe something when there\'s more than one source giving you the same information.
* My biggest concern is that you may do an inland application for the wrong reasons. I have not heard anything about your situation that leads me to feel the that would be the best route for you. All reasons you have given are based on misunderstandings, as far as I can tell. If you have good reason to feel that inland is best for you then do it please, just make ABSOLUTELY sure you well informed about the consequences and are truly aware of your options.
I thank you for your concern and really whether it\'s done inland or outland doesn\'t matter to me. The thing that does matter is we want to be able to be together preferably during the whole process and then being able to just be right where we are after it\'s all over. The main thing about doing it inland is the financial situation of it all. If I have to stay put up there with my daughter so my mom isn\'t financially stretched either then all the better. My mom will not be able to watch her since she works really long hours 2 weeks out of every month for month or quarter close being an accountant. Nor be able to pay for her after school program or day care when school is off season.
I will miss my family, but the most important thing for me is being with my husband and daughter. I may not be able to go down to visit, but it\'s a sacrifice that has to be made for our happiness.
**On a side note ** My fiancee wants to know whether your hubby was employed or not when he sponsored you. Just because at the moment he\'s not employed, but hopes to be employed before we start the application process. He\'s just curious is all. lol
\"Yes, outland is a lot faster, but why is there no benefit to inland? There\\\'s got to be for some since in the landing thread so many people did inland. You can\\\'t leave if applying inland so I\\\'m just curious as to why there\\\'s no benefit.\"
The benefits for applying inland are mostly only for those from non visa exempt countries. One point is that if you apply inland and an interview is required, the interview will be in Canada. If you apply outland, the interview will be held in the office in the country that your are applying from. So a non-visa exempt person benefits from the inland process in that way, because if they had to leave Canada to attend an interview they would have to apply for a Visa to come back. Now, if you are required to attend an interview in the States because you have applied outland, you will have to brave attempting re entry into Canada again. This is a drawback, but also remember that if your spouse is with you you have a very good chance of getting back in. Also, if you make a good case that your relationship is real and there are no criminal issues it is not very likely that you will be asked to an interview.
Another possible benefit to applying inland is that some provinces will allow you to go on provincial health care. But I dont know how NB does things, youll have to look into that.
A lot of people get the wrong idea that applying inland is the only way to be with your sponsor while the app processes because \"you cannot leave\" while it is processed. Dont misunderstand that as \"you have the right to stay\" in Canada while being processed. No. You must apply and be approved for a visitor record (temporary resident status). If you are denied and must leave, and have applied inland then you lose your application. If you apply for your Visitor record and are denied and must leave, and have applied outland, you must still leave unfortunately, but your application continues to process. The good news is that if you are being sponsored it is HIGHLY likely that your VR extensions will be approved! Regardless of whether you applied inland or outland. Just remember, applying inland gives you NO special permission to stay in Canada.
Also I found a thread where someone else had the same situation as you with the kids and was thinking about inland or outland... this is Robsluv\'s reply to that thread.
\"If they are approved for a study permit - which has to be applied for from outside Canada - they can go to school. Otherwise, no, not until the inland application has first stage approval - which currently is at least 9-10 months after submission IF everything is in order, including proof that they have valid temporary status and its being extended.
Honestly, youre better off applying outland - even if she is visiting you in Canada. It still doesnt allow the kids to go to school unless they have study permits, but the processing time is much less than inland and then they can go to school without a permit. The ability to stay in Canada is dependent on the temporary status issued on entry . . . the problem is that its not likely that the children would be granted study permits before the two of you are married.
The other thing to be aware of is that some provinces require minor children to attend school regardless of their immigration status - but this is contrary to what CIC (a federal agency) demands - so you can find yourselves (as we did) caught between a rock and a hard spot. Suffice to say there is no easy solution - other than to get married first, apply for their study permits based on the marriage, bring your wife (as a visitor) and the children (as students) to Canada after the marriage and then it will be easier to keep applying to extend their status based on the PR ap in process (still outland) and the marriage. Getting them all into Canada before youre married, asking to do what youre proposing to do, can get messy. \"
So look into the law in NB and see if they will require your child to attend school. If so then doing things the way Robsluv explaned will be a good solution.
And please, I know I may sound pushy, but just understand that I am not really trying to push you either way, There are pros and cons to each scenario. I just know from experience that inland is usually worse for Americans for many reasons. You have more freedom and more options when applying outland. Besides maybe a couple of possible perks, inland restricts you. And the WAIT!!! Every day feels like a year when your app is processing. Looking at a few months vs a year or two of processing... You\'ve got to have a REALLY good reason to choose the latter.
My husband had a job the day we sent our PR app. He lost it a week later. Still, it is ok for your hub to sponsor you without income. He is merely pledging to be responsible for you. So if for some reason you do have to collect welfare or something, they simply go after him to pay them back. They don\'t care if he has a job. If he promises to be responsible for you financially then its his problem to come up with the money.
Extensions are a little different I think. I had to send in the last extension app after he lost his job. I am keeping my fingers crossed that I either get approved or get my PPR before my extension is rejected!
Okay correct me if I am wrong, but if you apply inland, you do not have the right to appeal if you are denied, do you? (I get information confused sometimes and cannot find this)
I am with Rene. Outland is the best way to go, no matter what the lawyer says. It makes things way more complicated, you can\'t leave, if you leave you have to start all over, it takes way longer and the wait is bad enough if you are Outland.
yup You cant appeal.
Also MOST outland applications are done within 3 to 5 months.
Its really the fastest and easiest thing to do.
I am an American and did apply the inland route. However, my reasons were deeper and more personal. Many people have told me for our circumstances we chose right. Now that does not mean that just because it seemed to be right for us that it is the right thing for every one else.
In my honest opinion I usually recommend other Americans that they should apply outland because the benefits of outland out way the so called benefits of inland. The wait doesn\'t seem like a struggle until you begin it. And as Rene said, every day feels like a year. But I know we chose the right way for our circumstances so this wait is worth it for me. You really need to think on this though. You need to weigh the pros and cons together for YOUR situation and go from there. Best of luck with everything.
Thank you everyone for the responses! I greatly appreciate them! :) :thumbup:
Well, from what the lawyer said that he talked to yesterday (and he\'s at another one today going over the same thing) that yes you can\'t appeal from inland, but he says that you don\'t need to appeal. All you do is start over. You gather more evidence provided you kept copies of everything and repay the fees. If that\'s true, then it\'s just as good as getting the appeal. I\'m not sure on how long you have to wait to do that OR if there even is a wait involved.
I am with everyone as to outland being easier and faster, but there\'s no plan to leave Canada ever once I go up the second time with or without my daughter depending on if my mom wants to chaperon her up to us. That\'s why I didn\'t care if I did an inland application. Everyday would seem like a year because of the wait of the application, but at the same time I\'d be living my everyday life with my family, and I\'d be happy us being all together.
The only thing I\'m looking for in all of this is simply my daughter and I to be able to stay with my husband, my daughter preferably be able to go to school somehow since she\'ll be starting 2nd grade in the fall, and get some kind of health care. Whether it\'s through my spouse\'s job, get provincial health care, or even through a private health care policy we pay every month. Something so simple sadly is never as simple. :(
\\'MissEliseth\\' pid=\\'57041\\' dateline=\\'1301599937\\ Wrote:Well, from what the lawyer said that he talked to yesterday (and he\\\\\\\'s at another one today going over the same thing) that yes you can\\\\\\\'t appeal from inland, but he says that you don\\\\\\\'t need to appeal. All you do is start over. You gather more evidence provided you kept copies of everything and repay the fees. If that\\\\\\\'s true, then it\\\\\\\'s just as good as getting the appeal. I\\\\\\\'m not sure on how long you have to wait to do that OR if there even is a wait involved.
Hey to all, thanks for taking the time for the replies to our issue (I\\\'m the future husband in question). About the appeal for Outland, the lawyer said if they deny it for any real reason short of missing a little thing, there would be no point in appealing anyway as it would be denied again.
After explaining our situation in detail, his opinion was we should apply inland because with the \\\"red flag\\\" imm 5292 Eliseth recieved it \\\"could\\\" affect any future attempts to cross the border in a negative way. Also as she explained Money is an issue, it almost costs $1000 to come up here with a round trip ticket (without it there wont be much proof of return to the US). Would you guys risk $1000 everytime you wanted to cross instead of just getting in there and staying put? I can understand where you are comming from and the benefits to outland seem obvious enough, but where im sitting the benefits to inland seem pretty obvious as well.
Have any of you recieved an IMM 5292 ( voluntary leaving Canada ) and were able to get back in without any problems?[/i][/font]
FYI about schooling:
I\'m Irish, my wife is Canadian born & bred. Therefore my daughters are Canadian. They got enrolled in the Catholic school near us a week after we landed in Canada. All they needed was a copy of the baptismal cert.
They didn\'t care if we were married, or that i was irish
I don\'t know your religion, but if that helps, great
\\'Black Kat\\' pid=\\'57048\\' dateline=\\'1301606685\\ Wrote:\\\\\\\\'MissEliseth\\\\\\\\' pid=\\\\\\\\'57041\\\\\\\\' dateline=\\\\\\\\'1301599937\\\\\\\\ Wrote:Well, from what the lawyer said that he talked to yesterday (and he\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s at another one today going over the same thing) that yes you can\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'t appeal from inland, but he says that you don\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'t need to appeal. All you do is start over. You gather more evidence provided you kept copies of everything and repay the fees. If that\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s true, then it\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s just as good as getting the appeal. I\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'m not sure on how long you have to wait to do that OR if there even is a wait involved.
Hey to all, thanks for taking the time for the replies to our issue (I\\\\\\\\\\\\\\\'m the future husband in question). About the appeal for Outland, the lawyer said if they deny it for any real reason short of missing a little thing, there would be no point in appealing anyway as it would be denied again.
[/i][/font]
It\\\'s not always denied again after seeking an appeal. You are more likely to be denied again if you DON\'T appeal and simply file all over again.
\'Black Kat\' pid=\'57048\' dateline=\'1301606685\ Wrote:\\\\'MissEliseth\\\\' pid=\\\\'57041\\\\' dateline=\\\\'1301599937\\\\ Wrote:Well, from what the lawyer said that he talked to yesterday (and he\\\\\\\\\\\\\\\'s at another one today going over the same thing) that yes you can\\\\\\\\\\\\\\\'t appeal from inland, but he says that you don\\\\\\\\\\\\\\\'t need to appeal. All you do is start over. You gather more evidence provided you kept copies of everything and repay the fees. If that\\\\\\\\\\\\\\\'s true, then it\\\\\\\\\\\\\\\'s just as good as getting the appeal. I\\\\\\\\\\\\\\\'m not sure on how long you have to wait to do that OR if there even is a wait involved.
Hey to all, thanks for taking the time for the replies to our issue (I\\\\\\\'m the future husband in question). About the appeal for Outland, the lawyer said if they deny it for any real reason short of missing a little thing, there would be no point in appealing anyway as it would be denied again.
Actually, I\'m pretty sure this is incorrect. If you are rejected for any reason (short of missing a little thing), and then you start over and apply again, you are likely to just be denied again for the same reason. With an appeal, you have the possibility of it being granted on H&C grounds, even if you still don\'t \"techincally\" qualify. This is specifically beneficial for people who might have any criminality issues in their past. In that situation, winning an appeal is one of the only ways to be granted PR. Applying again would just bring up the same reason for rejection as the first issue. But if you have no criminal issues (and be aware that some things that are not criminal in the US - e.g. DUIs are still grounds for inadmissability to Canada so look into EVERYTHING), and your relationship is genuine, and you submit tons of evidence to that fact, you are probably not going to have to worry your application being rejected.
On the same grounds, you likely won\'t have to worry about going for an interview if there are no issues like that, and your relationship evidence is extensive and convincing.
The thing I don\'t understand then, is why you would want to submit Inland and wait longer, when there\'s no benefit over submitting Outland and probably being finalized in half (or less!) of the time?
As far as crossing the border, you are still going to have the same issues whether you submit Inland or Outland. Inland in NO WAY guarantees that you\'ll be able to cross. And like people said, if for some reason something happened (a relative was, heaven forbid, in some kind of accident or something) and you had to go back home, if you stayed home too long, or weren\'t able to get back into Canada, your Inland application will be thrown out. Whereas your Outland application would just continue along, and possibly be finalized by the time you wanted to come back!
I know you want to stay with your husband, but you CAN do that with Outland. Inland vs Outland has NOTHING to do with your ability to stay in Canada. Either way, you will still need to continue to submit visitors extensions and keep your status valid. And with Inland, you\'ll have to continue to do that a lot longer, which means coughing up MORE money for extensions and more likelihood that one of those extensions will be refused for whatever reason (if say, they didn\'t believe your husband could support you without you working illegally, or even if some CIC agent was just having a really bad day and being unreasonable). If one of your extensions was refused, and you had to leave, if you couldn\'t get back in, again, application is forfeited. Imagine getting through 18 months of waiting just to have your application thrown out right before PPR.
If it seems like everyone is pushing you towards an Outland application, it\'s only because we\'ve all read absolute horror stories of people that thought Inland was their best option only to realize just how completely wrong they were, when they were still waiting 2 years later, or had their applications thrown out, or just got completely lost in limbo for years.
thanks for the reponse, I get that people like the outland route as it does have many benefits and you raise several good points. however with her issues it was our concern that she wouldnt be able to get through or something on one of these trips for whatever reason (the form or lack of return proof) and be stuck in the US the entire length of the process, vs being stuck with me in Canada for the length of the inland process.
As you put it though the most important thing is the application itself, if it was to get \"lost\" or we\'d have to start over or something on account of a extension refusal that would be mind blowing indeed. Many things to consider.
I wonder if you know of anyone who was issued a IMM 5292 Voluntary type form and whether or not they had issues re-entering canada?
We applied inland for a couple of unusual reasons. I couldn\'t be in Canada long term without health care and insurance. We are in Alberta, and immigrants can go on the provincial insurance the day you mail the application in. That\'s unusual. We also couldn\'t afford for me to have to leave to go to an interview or to land at the border. We couldn\'t afford to maintain two residences either. I also didn\'t have any issues that might cause me to need to appeal, no record, no previous marriages, no kids. We had to wait 16 months for PR, and I know it would have been quicker outland, but we didn\'t want to be separated.
\\'Black Kat\\' pid=\\'57061\\' dateline=\\'1301613950\\ Wrote:however with her issues it was our concern that she wouldnt be able to get through or something on one of these trips for whatever reason (the form or lack of return proof) and be stuck in the US the entire length of the process, vs being stuck with me in Canada for the length of the inland process.
This is one of the main points a few of us are trying to explain to you. What is it about applying inland that makes you think that she will have any better chance of crossing the border? What is it about applying outland that makes you think she must travel to the USA? This is a misunderstanding. If you apply
outland, SHE STAYS WITH YOU. JUST like if she was applying inland. She has the OPTION of leaving Canada at any time without risking her app (unlike inland) BUT She does not HAVE to leave.
The ONLY reason she would have to Cross the border to the USA is if she is asked to an interview. It is very very unlikely that will happen given the details of your case so, honestly I would not worry about that. I, myself, Had this exact fear. If I had to cross back into the states, and if I could not get back, I would have had nowhere to go. I would be homeless on the streets. But I applied outland. And my interview was waved, as I expected it would be, and as you should expect yours to be.
Also as Charr pointed out, if you apply inland (or outland) she will have to maintain temporary status. Any of these requests can be denied for ANY reason. She has
NO right to stay in Canada no matter how she applies. It is purely a privilege that they can choose to grant or deny. So waiting a longer time and applying for more extensions is much more risky. If she is denied any extension she will have to leave, no matter which way you applied, inland or outland. BUT if she DOES apply outland, while it still sucks that she has to leave, her app will still process, and you will not have to pay the fees again, prepare another app, and start from scratch.