Spouse Visa Process Flow

Welcome to the forum!

jnjbc wrote: 1. We have ready that applying from outside of Canada may be faster than applying from within (http://www.ci.gc.ca/english/information/faq/immigrate/sponsor/spouse-faq12.asp). Our assumption is that we would send in our application to the Buffalo office. Is this correct?

You will want to go OUTLAND, being a citizen of the United States.  The whole kit will be sent to Mississauga first, and then THEY ship the beast to Buffalo.  Seriously, Outland.  Sing it to yourself to the tune of a favourite song.  It's fast, and less of a headache!

jnjbc wrote: 2. Since the fingerprint check from the FBI is estimated to take 12 weeks for a return, would we be able to submit all that we have minus the fingerprints and send them when we get them? Would this benefit us or would it set us back?

Heavens no!  You will want to send the entire thing together, the forms, the medical, the fingerprints, the pictures, the evidence.  That's what CIC wants, and that's what they should get. 

Besides, if you *did* for whatever reason send in the application without all of it's 'guts', to send more later, the likelihood of them being able to add it to the pile are quite slim.   Imagine the office: dossiers everywhere, and a lone 'something' coming in.  How could they find the original stack of documents?  XD

jnjbc wrote: 3. In order to work in Canada while the application is being processed, it also states that I could apply for a regular work permit. Would this require a job offer from a Canadian employer? If so, what is the process of doing that if I am not able to live there until this process is completed? And does falling under the skilled worker class help my cause?

We're in "I-think" territory for me.  I believe that you'd need a firm offer from a Canadian company that was not able to find a Canadian to fill that job.  They're a pain in the behind to get, these types of work permits.  I wish you the best of luck. 

If it makes you feel any better though, an American's wait is roughly four to eight months.  Your Lady Love is already paying rent, hydro, gas, etc., and an additional body (especially someone you love so very much) is really not much more on top of things.  Water consumption, electricity, and food are the only resources an additional person uses.

Skilled worker class is it's own "pathway" with it's own timeline.  It may be faster or slower, you'd want to look in the forum's "skilled worker's class" portion for more information.

jnjbc wrote: 4. Finally, is there a way to move there while the application is in process? For example, if she is employed and I have financial savings, would I be able to come on some sort of visitors visa in order to stay until the process is completed and travel home to Buffalo when needed?

"Moving" to Canada is not an option.  Visiting is QUITE acceptable though.  You would have to go to the border, and say something like "Hello, I'm here to visit a friend (some friends, if you have more than one contact in the country) for a little bit.  Might I have a six month stay?" or words similar.  Then you get to hope that the border guard isn't having a bad day, and waves you in after scanning your passport.  IF they scan your passport.  The last time my United Statian fellow crossed the border, he was practically waved through.  They only asked him four very basic questions.  (Who are you visiting, What is the nature of the visit, how long are you planning on being here, who are you staying with?)  When folks say this doesn't happen, well, sometimes it does.  XD

Some folk have surreptitiously sent some of their stuff ahead though, but nothing like a television or stereo system.   I'm not judging either way, but it seems like a good option for some of your 'nicer' clothes and books. 

Again, welcome to the forum!  I'm sure that you'll be getting lots of fun replies!  =D

Very sincerely,

H.

Some wise advisers here on this forum are quite strong advocates on ensuring that you compile your case thoroughly and completely before you submit it. Time and again they have advised that please make sure that you have EVERYTHING before you submit the beast (as PT has so eloquently put it above).
what does mean by everything?
Everything NOT ONLY IN TERMS of standard generic criteria(forms, ID etc all the normal creatures) BUT ALSO (in addition to that) MAKING SURE YOU eliminate and neuteralise any specific concerns and issues (pertaining to you) that may be thrown up within your application..eg the police cert or the medical etc may throw up something that needs explaining...EVERY APPLICATION has a potential weak spot and you must make every effort to alleviate or eliminate that potential risk with ad hoc reinforcements . differences in cultures, internet only (remote relationships) etc...
if you are married Send in the marriage CERITIFICATE not just the solemnisation record...

INCOMPLETE submissions run a potential risk of the whole thing being returned to you....(as some of the people in this house will testify)and or with consequential agonising delay if they have to request for the missing bits...
THIS COMPLETE BEAST HAS TO GO TO MISSISSAUGA...AND thats it.they do the processing and sending and getting and colating etc to wherever it needs to go (in your case Buffalo)
PT is right. you can come to VISIT your lady love.. as a tourist...YOU WILL GET SIX MONTHS ENTRY AND THEN YOU CAN EXTEND THAT ...(CANT WORK AND CANT STUDY)
VERY IMPORTANT; NOTE WELL...when you come to visit (A POTENTIAL PARTNER) as a tourist you are declaring your visit is temporary with intention to leave canada...
IF THE IO suspects that you could potentially marry your lady (and try to settle here,)there is a potential inconsistency ... so ..you could be in the slammer for intense interogation left right and centre....an agonising experience we do not wish on any one.. IF POSSIBLE it may be better NOT to mention your lady friend but instead her dad or brother may be a better bet...IN SUCH CIRCUMSTANCES, I have seen AUSTRALIAN and UK I O S SEPARATELY questioning (or even phoning)friends or people coming to pick them up at the airport....so be careful..show that you have PLENTY TIES and roots in US to go back to..dont come with settlement luggages...be consistent in story and contents.
GOOD LUCK

sami55 wrote: ....so be careful..show that you have PLENTY TIES and roots in US to go back to..dont come with settlement luggages...be consistent in story and contents. GOOD LUCK

sami55 is as right as they are enthusiastic.  Consistency is VERY important, as is the ability to show strong ties to the U.S.  (job letter, rental contract, utilities, etc)  They are also quite correct that every application seems to have it's own 'weaker link' built right into it, and you would do well to address each point that might be taken against you before you send it in.  (In our case, I'm twenty years older than my soon-to-be-husband and we have different religious beliefs.)

audball, one of our mutual forum friends here, was stamped in something like four months, I believe.  She's from the U.S. of A.  That's WITH a whole range of interesting things happening to her mail, and other setbacks.  Truly, if you end up wandering up here as a visitor from the United States, you may find that you don't even NEED an extension. 

Going through different forums, each time I read about an American crossing over with the Outland PR application, it's been between three and five months, on average.  There's been only one really unfortunate application, that I have read about.  That one has dragged out forever and ever because of vindictive people and innocence regarding the nature of the sponsorship.  Happily, that one got it's appeal and I strongly suspect that the appellant and the applicant are on the Glory Road now.  It's just a matter of time. 

Patience is what you need right now, yes.  XD 

*Read the instruction manual for your sponsor, and you. 
http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp  (sponsorship form)
http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf (immigrant's application package for citizens of the United States)

*You'll want to do your fingerprints now, while waiting for the marriage certificate (again, thank you sami55 for reminding us that you need a copy of the CERTIFICATE and not the little slip of paper you get immediately after the marriage!)

*Squeeze in your medical. 
(To find a Designated Medical Practitioner in your area, follow this link:)
http://www.cic.gc.ca/dmp-md/medical.aspx

*Read and start filling out all the fun forms.  You can fill them out right online and print them yourself.  I *love* that aspect about them.  They're not terrible, once you start to fill them in.  You just start at the top, and give them your name, and work your way down.  They have even included a checklist to follow.  (IMM5491)

OUTLAND FORMS
http://www.cic.gc.ca/english/information/applications/fc.asp

I'm positive you've started most of this wonderful yucky-yuck, however there's some out there that might wish to take a look at what is needed, and others that may wish to either correct or add to this list of 'things to do' with their own helpful hints, suggestions and observations. 

You'll find the people of this forum quite friendly and helpful, with very few exceptions, and more than willing to assist where and when they are able. 

Very sincerely,

H.

edited for grammar


Edited by Patience Tuesday - 20 Aug 2010 at 11:20pm

audball - thanks for the info! It's good to hear from someone who has done this recently.
Your processing time was really short. Hopefully ours will be similar. We have everything, just waiting on the fingerprints at the moment. That seems to be the longest part of this process. They say it could take up to 12 weeks and really can provide no other information beyond that. We are hoping that all is ready for our packet by October and then hopefully it will be 3 - 4 months from there. Until then, it is only 2 hours at most between us so the weekend traveling is fine until that point.

It is very wise and advisable for anyone turning up at the POE (airport) requesting a temporary visitors tourist visa NOT TO CARRY with them evidence that may suggest long term staying intentions and plans...
THE PRIMARY, FUNDAMENTAL CRITERIA
The temporary visa/ tourist visa is issued on the strict understanding that you have the intention to leave Canada.
The IO will be on the look out to ascertain and assess whether you will be complying with this criteria..

It will be interesting to hear from others who have had experience in this regard