Help!!!

Hello everyone,

I am new to this site and really require some assistance.

I am a Canadian citizen and married an American man in 2009. We decided to start immigration papers for me to move to the states which was approved and I am officially a LPR of the USA. Once I became a LPR I decided that I didn't want to move there due to the economic condition, being away from my family and there whole medical insurance or lack of really scares me.

In any case we have decided to live here in Canada. I have taken a look at the process and was surprised at how much more complicated it is to the US process.

Here are my questions:
1. Is it faster to process papers from within Canada or out?
2. Is it possible to do the medical and send the results with the whole package or do we need to wait for some official go ahead. I have heard that it speeds up the process substantially if we mail them in at the same time.
3. Can my sister be a joint sponsor? I have just started a new career and my taxes from last year do not meet the requirement.
4. While me being a LPR of the US be an issue. I reside in Canada and work here.

I was going to hire a lawyer to process the application for me but I cannot believe how expensive it is!

Any other tips or ideas would be of great appreciation.

Thanks in advance

Could you clarify what a DMP is?

We just decided to start these papers yesterday and for me not to move to the US so, I am VERY new to all of this.

the outland spousal is your better bet than the inland spousal
an option you may want to consider is ..it is possible that your spouse can be in canada ( as a visitors etc, but can work, )but you can still sponsor him under the outland category even though he is here..
there is a lot of difference between inland and outland and if given the choice the outland is nearly always the best bet..

you should contact the call centre and get them to send you the outland kit (it has everything in it, country specific)
it explains fully about the medical process...in appendix c (what to take with you, etc)..
only those doctors listed and approved by can imm can do the medical and the timing of that medical is quite crucial...it is advisable not do it too early either.... get all the other things ready first...
YOU DO NOT SEND ANY RESULTS..the results reside in the sysytem for the CAN IMM to get access ..all you do is to include the receipt (that the doctor gives you),,,in with your application package..it s a good idea to retain a photocopy of that incase you may need to make reference to it..

TIPS AND IDEAS..you are focusing too much on the medical.. that is the least bit of your concern...you have to organise your big file and it has to be complete, a lot of things ...

. make sure you have everything in your package.
look at the criteria. try to providse all the information to pass that..
your case sounds straight forward.
good luck

Ansevcal wrote: I am a Canadian citizen and married an American man in 2009. We decided to start immigration papers for me to move to the states which was approved and I am officially a LPR of the USA. Once I became a LPR I decided that I didn't want to move there due to the economic condition, being away from my family and there whole medical insurance or lack of really scares me. In any case we have decided to live here in Canada. I have taken a look at the process and was surprised at how much more complicated it is to the US process.

  Actually, once you get a grip on the paperwork, the Canadian process is FAR less complicated than the US one.  And the requirements, as far as income/assets, are a lot less restrictive.  Plus, where you have to reside in the States for 6 months of each year in order to maintain your green card, a Canadian PR sponsored by their spouse can live anywhere with that spouse and still maintain their PR status.  Even if they don't remain in the relationship, they only have to reside in Canada for two years of each five year period to maintain PR status.  So the Canadian system is actually quite generous.

Ansevcal wrote: Here are my questions: 1. Is it faster to process papers from within Canada or out?

As has been said, it's always faster to process outland - that doesn't mean that the foreign national has to remain outside Canada, though.  It only  means that the application is processed at the embassy in Buffalo, after it's passed the sponsor's assessment at the Case Processing Centre is Mississauga, ON - rather than being processed entirely within Canada.  There is no real advantage for US citizen applicants to process inland. 

Ansevcal wrote: 2. Is it possible to do the medical and send the results with the whole package or do we need to wait for some official go ahead. I have heard that it speeds up the process substantially if we mail them in at the same time.

Spousal sponsorship applications actually require you to submit proof of having undergone medical examination with the application - also, FBI (and sometimes State) arrest records are also required to be submitted with the application.

Ansevcal wrote: 3. Can my sister be a joint sponsor? I have just started a new career and my taxes from last year do not meet the requirement.

No, there are no co-sponsors for spousal/common-law applications - but you're exempt from meeting minimum income requirements when you're sponsoring a spouse or common-law partner.

Ansevcal wrote: 4. While me being a LPR of the US be an issue. I reside in Canada and work here.

No, makes no difference.  And if you're a Canadian citizen, even if you were living in the States you'd only have to provide proof of your intent to return to Canada.  If you're already living in Canada, you're good to go.

Ansevcal wrote: I was going to hire a lawyer to process the application for me but I cannot believe how expensive it is!

No reason to hire a lawyer unless you have a very complicated case.  There is really no reason to hire a lawyer to type information into application forms that you can type into yourself online, and even if a lawyer is doing your application for you, you still have to compile all of the supporting documentation, go get the medical done, get the immigration photos done, etc.  IMHO immigration consultants/lawyers who prepare applications for straight-forward applicants are making an awful lot of money for being glorified typists.  If your spouse has "issues" - like a criminal record - then you need a lawyer. 

Ansevcal wrote: Is it in your opinion that I should mention that we proceeded with US immigration and that I'm a US LPR but since receiving that status we have decided to live in Canada instead? I'm just wondering if they may find it odd that we have been married for nearly 2 years and haven't lived together yet.

They don't care that you have legal permanent status in the States - and lots of spouses are not able to live together until the foreign national partner is granted permanent status in Canada.  Living together is not a requirement for spousal applicants.

Ansevcal wrote: Would you suggest that we both send in our phone records and combined travel itineraries?

Yes, you need to submit phone records, travel itineraries, etc., to show that yours is a genuine and continuing relationship and not one entered into just to secure status for your foreign national spouse to Canada.  Your marriage makes him eligible to apply for permanent status but it's not enough to convince them that your relationship is "genuine".  You need to document how your relationship developed, include photos of the history of your relationship, etc.

Ansevcal wrote: I have downloaded the whole outland kit from the website and have already started the forms. My husband doesn't remember all the addresses and specific dates of places where he lived. I understand that there shouldn't be any time gaps however I'm unsure of what to do.

That depends on how many gaps there are and the duration of them - for example, if he moved from one town to another back in 1999 but he can't remember exactly what month that was, it's no big deal.  Just be sure the time frames between the two addresses don't show a gap.  However, if he has huge gaps where he can't quite remember where he was or when, it might be a problem.  Remember, this is only from age 18, or during the past 10 years if he's less than 28 years of age - so sometimes it's easier to try to remember jobs held or schools he attended and when, and then fill in the gaps for addresses.  If he's really having trouble he should be able to get an address history by requesting his credit reports - by requesting from all 3 of the US reporting agencies he should be pretty well able to piece most of it together. 


Edited by RobsLuv - 06 Sep 2010 at 9:20pm