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Candian wife wanting to sponsor American husband!!

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liteninn7 View Drop Down
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    Posted: 27 Sep 2010 at 12:15am
Hello and HELP!!!
What to do?
I married my husband in Canada when he came over in Feb 2010!  He went back in April to the US to finish his affairs with the plan to apply for sposorship inland when he returned.  We were told that when he came back we could apply to this while he was with me in Canada. 
I picked him up at the airport at the end of August (with no return ticket) with the excitement of starting our lives together!!  To our dismay....The officer said that there was no proof of employment in the US and no return ticket and came to the conclusion that he was moving over here to be with me...They denied him entry!!!!!  OMG!!!!  My husband stated that that is what we were told to start sponsorship etc....He said that once you meet the guidelines and/or have sponsporship....they would let him over!!  
How does one do the inland without access to getting into CANADA???
 
Does this mean that he is flagged now in the computers and can't even visit?  Will they let him come over?
 
Someone advised me that they probably won't let him over to visit now and that we will have to do outland.  Is this true?
Is outland faster anyways?
With outland, can he visit if we show the receipt that we have paid and started the application?
 
Sincerely frustrated!!!
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RobsLuv View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RobsLuv Quote  Post ReplyReply Direct Link To This Post Posted: 27 Sep 2010 at 12:44am
You apply outland, which is how a US applicant should always proceed anyway - even if they're in Canada visiting while waiting for PR.  Inland, especially for US applicants, usually turns out to be a disaster and it isn't required - even if the applicant is staying in Canada with their partner while waiting for PR.  Outland is always an option because it has no residency requirement, and it's much faster.  Plus you don't lose your right to appeal a refusal.  In four years I've been around here, I've never seen inland be the best option for a US citizen applicant. 

If he wants to visit, he's going to have to be able to demonstrate to them that he has intention to return home.  Actually the IO at the border was rather harsh with him - but it's happened to the best of us.  Problem was that he couldn't show sufficient ties to the States to prove that he intended to go back, and with a wife in Canada (but not there with him to vouch that you're actually prepared to sponsor him) there was too much risk that he'd just disappear and live and work here illegally.  You have to understand - those people do not have to believe a word a foreign national tells them.  They only answer to you - because you're Canadian.  He's nothing to them and they don't have to be nice, and they don't have to let him in if they even suspect he might stay longer than he's authorized to.  And, frankly, most married people want to live together - so they have to assume he's coming to live with you and that he doesn't really care (or maybe isn't even aware) that there are rules he has to follow in order to be able to do that legally.

Normally if you're accompanying him into Canada with proof of your legal marriage and proof that you have applied to sponsor him for PR, they will let him in and they'll document him on a Visitor Record that gives him a certain amount of time to stay.  You can then apply to extend that if his PR isn't finalized by the time it's set to expire - but you do need to be aware that he can't work in Canada while he's on a Visitor Record.  Buffalo, however, is finalizing straight-forward PR aps in 4-10 months - plus another 45 days or so before the application goes to Buffalo while you're being assessed as the sponsor through the Case Processing Office in Mississauga.

Check out the information at US2Canada, and then write me or come back here for more specific questions.


Edited by RobsLuv - 27 Sep 2010 at 12:58am
3/2007-applied
1/2008-Refused
12/2008-ADR failed
1/2010-Appeal allowed
4/2010-In Process(Again)
5/2010-request FBI/meds
8/2010-FBI recd
11/30/10-APPROVED!
1/31/11-LANDED!
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liteninn7 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote liteninn7 Quote  Post ReplyReply Direct Link To This Post Posted: 27 Sep 2010 at 1:57am
Thank you for your reply!
 
So are u saying that he can come and stay with me with a visitor extention, while waiting for PR?  Once we have applied?
 
 
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audball View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote audball Quote  Post ReplyReply Direct Link To This Post Posted: 27 Sep 2010 at 12:15pm
No guarantee. You can try to bring him over but he needs to show some ties to the US and convince the officer that if his PR is denied/visitor visa expires he will leave.

You also have to tell them that you will support him during the visit
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