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Any forum like this for Canadian Immigration ?

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Background:

I am a Canadian Citizen by birth. My husband is a naturalized US Citizen.

He came to Canada in 1996 and married me and stayed on for one month and we left together to the USA.

He applied for me for US residency and I am currently a legal US permanent resident living in USA.

We are happily married and have 4 US born children. I applied for Canadian citizenship for all 4 children and they are now dual US and Canadian Citizens as well. The only person that has no Canadian status is my US Citizen husband.

We want to apply for his Canadian Permanent residency and all of us move over to Canada to live.

Question 1:

What is the best and fastest way to go about this ? Do I apply while we are all still in USA and we all move together after he is approved or should me and the kids move permanetly to Canada and apply for him while he is waiting in USA alone or can we all just move over to Canada and then I apply for him while he is in Canada together with us ? All so confusing..geez.

He is medically very healthy, has a great job as a senior I.T. professional in the USA and could probably get work easy in Canada as well. I am a stay at home mom with the 4 kids.

Possible Problem : ??

The only one thing against him is that he got a charge against him recently for forgetting to update the address on his Auto registration Tag after we moved to a new house. He updated license and all other documents but just forgot to do the auto tag in good faith. He has all kinds of US security clearances due to his job and there is no reason for him to defraud the State of Florida by not updating the auto tag address. Simply forgot. He wasn't arrested or anything like that. Just ticketed by the street cop during a routine check because the auto tag address didn't match the drivers license address. Now we learnt that this seemingly small issue is actually a CRIMINAL CHARGE in the the USA for some reason.....He will just have to go to court in front of the judge and prove that he updated the address (which he did within 4 hours of getting the charge) and pay a possible maximum $500 fine and it is over. But we are told it WILL show on his record as a CRIMINAL MISDEMEANOR CHARGE of 2nd degree which is the LOWEST level of misdemeanor. Will this be a SERIOUS problem in getting him to become a permanent resident in Canada ? He has an otherwise TOTALLY clean record.

Thanks


I-129f K3 Timeline

K3 APPROVED in Montreal, Canada on 03/03/2005

Moved to USA with K3 on 03/15/2005

I-130 / IR-1 Timeline

I-130 filed to TSC with NOA1 on 04/28/2004

I-130 transferred from TSC to CSC 10/22/2004

I-130 received at CSC 11/04/2004

I-130 APPROVED 12/02/2004

NOA2 received on 12/03/2004

Case transferred to NVC on 12/13/2004

Received DS-3032 and I864 Fee bill from NVC on 12/27/2004

Waiting to meet I-864 requirements

Contacted NVC for a new DS-3032 and I-864 fee bill on 10/17/2006

NVC generated new DS-3032 and AOS Fee Bill on 10/30/2006

Received DS-3032 and AOS Fee Bill on 11/03/2006

Sent in Choice of Agent by e-mail on 11/06/2006

Mailed in AOS Fee Bill on 11/06/2006

Received IV Fee bill and mailed it back on 11/13/2006

Received I-864 packet and also DS-230 IV Packet on 12/10/2006

Got a new RCMP police certificate on 12/29/2006

Mailed NVC the I-864 and the DS-230 on 01/03/2007

USPS Tracking shows NVC recieved on 01/04/2007

NVC official received date from phone representative is 01/12/2007

Got RFE for spouse maiden name on DS230 on 01/20/2007

Mailed in corrected DS230 by overnight mail 01/24/2007

USPS Tracking shows NVC recieved on 01/25/2007

Case complete at NVC 02/14/2007

Waiting on Montreal interview date for IR-1 visa

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Filed: K-1 Visa Country: Canada
Timeline

check this out:

http://roadtocanada.com/


K1

------------------------------------

07.12.07 - I-129f petition mailed

07.13.07 - I-129f received by VSC

07.18.07 - NOA1 notice

07.20.07 - check cashed

07.22.07 - touch

11.29.07 - NOA2, waited 140 days

11.30.07 - touch

12.03.07 - NVC Received

12.05.07 - NVC Left

12.10.07 - Consulate Rec'd

12.13.07 - Packet 3 Rec'd

03.13.08 - Packet 3 sent back to Montreal

04.08.08 - eligible for interview

05.13.08 - Packet 4 Rec'd

06.02.08 - Interview!

06.09.08 - Visa in hand!

06.16.08 - move date, POE via Peace Bridge, Buffalo, NY

06.20.08 - civil wedding

AOS

------------------------------------

06.25.08 - AOS package sent

06.30.08 - received in Chicago

07.07.08 - NOA1 for 485 (AOS), 765 (EAD), & 131 (AP), rec'd in mail 07.14.08

07.09.08 - touch on all 3

07.10.08 - check cashed

07.28.08 - case transferred to CSC

08.02.08 - Biometrics

08.03.08 - touch on AOS

08.04.08 - touch on AOS & EAD

08.05.08 - touch on EAD

08.06.08, 08.07.08, 08.21.08, 08.22.08 - touch on AOS

09.03.08 - EAD approved!

09.04.08 - touch on EAD

09.05.08 - EAD card arrives in mail

09.06.08 - AP arrives in mail (no updates online or via email)

09.23.08 - touch on AOS

09.24.08 - welcome letter mailed

09.25.08 - touch on AOS

09.30.08 - AOS approved

10.01.08 - touch on AOS

10.04.08 - Green Card received

------------------------------------

02.21.09 - "real" wedding in Montreal

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I liked britishexpats.com

are you going to get dual citizenship? or do you not care if you have status in the US down the road (as in don't plan to come back to the US in the future).

You can apply for him while you are both still in the US and then move either while the application is processing or after the visa is granted. If you move before the visa, he'll get a temp resident visa at the border which allows him to live in Canada (and import all his belongings) but not work.


met summer 1999, summer 2000 hooked up-whoo hoo summer fling

summer fling failed to fizzle, married 2003

I-130 mailed 12/15/03

4/1/04 no word from NE contacted senators office, app found

NOA1 4/13/04

Gave up on ridiculously long US process-started Canadian

12/4/04 submitted app

LSS app returned because of missed signatures, lost in transit, resubmitted in June

9/28/05 landed, yippie

10/4/05 fly back to US to "finish up Master's" lose mind and switch to PhD

Damn it back to the US process

3/something/2005 finally get NOA2, no idea why it took so long

4/15/07 get case approval from NVC

8/9/07 Montreal here we come

10/14/07 hubby activated his visa

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Filed: Other Timeline

In case he is found inadmisible because of the criminal charge here's the CIC page with some info http://www.cic.gc.ca/english/information/a...ides/5312E2.asp

In the end, its up to the border official whether or not they'll let him in, but if they decide he's not admissible, its a right pain in the ### to get all this paperwork done! :P


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Filed: Timeline

When he goes to court, if the judge doesn't do it without asking, have him ask for the charges to be dismissed for two reasons.... 1) it was an honest omission and; 2) that he is preparing to emigrate so a criminal charge on his record will be a hindrance to his application. There's a show on t.v. here in Lake County where they film the local court cases (minor, like your husband's) and the judge is very kind and quite lenient when it's something like what you've described. Unfortunately, I can't recall what it's called, but you may get it where you are.

Good luck.


iagree.gif

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Possible Problem : ??

The only one thing against him is that he got a charge against him recently for forgetting to update the address on his Auto registration Tag after we moved to a new house. He updated license and all other documents but just forgot to do the auto tag in good faith. He has all kinds of US security clearances due to his job and there is no reason for him to defraud the State of Florida by not updating the auto tag address. Simply forgot. He wasn't arrested or anything like that. Just ticketed by the street cop during a routine check because the auto tag address didn't match the drivers license address. Now we learnt that this seemingly small issue is actually a CRIMINAL CHARGE in the the USA for some reason.....He will just have to go to court in front of the judge and prove that he updated the address (which he did within 4 hours of getting the charge) and pay a possible maximum $500 fine and it is over. But we are told it WILL show on his record as a CRIMINAL MISDEMEANOR CHARGE of 2nd degree which is the LOWEST level of misdemeanor. Will this be a SERIOUS problem in getting him to become a permanent resident in Canada ? He has an otherwise TOTALLY clean record.

It will depend on if the charge "equates" to a Canadian offence and if the offence in Canada could possible be a inditable offence. My suggestion is when he gets to court to try to plea it down as much as possible or best dismissed. Keep all court records with disposition whether dismissed or convicted and the actual penalty/fine he pays. When is is done PM with what the actual charge was that he was convicted of and that states definition of the offence if you can. I will see how it equates to Canadian law. It may only equate to a summary offence in Canada or may not even equate to a charge in Canada and then he will be fine. Once that is settled I can give you some more info.

As to your first question - your whole family can move to Canada and you can make application for your husband in Canada. He will not be able to work/study in Canada. After he is approved at the first stage he will be able to apply for a work permit.

If you have any other questions feel free to PM me as I may not be checking the board as often anymore.

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has a great job as a senior I.T. professional in the USA and could probably get work easy in Canada as well. I am a stay at home mom with the 4 kids.
Also, just to clarify, you can make application outside Canada and wait in the US until his PR status is approved and then move to Canada. You may consider this a better option if your husband is the primary income earner and need his job for economic support. If feasible, location wise, your husband could also still commute to his job in the US and live with you in Canada until his PR status is approved and he can get a job in Canada.

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Filed: Citizen (pnd) Country: Canada
Timeline

["If feasible, location wise, your husband could also still commute to his job in the US and live with you in Canada until his PR status is approved and he can get a job in Canada. "]

we're in a very similar situation. let me just clarify this because my husband suggested this to me, and i honestly don't know what the answer is. we've contacted the canadian embassy, but they haven't replied back.

so are you saying that they will allow us to live in canada as long as he keeps his job in the us?


-------2004 [CR1]

06-25 - [day 01] sent I-130

07-08 - [day 14] NOA1 (receipt)

08-12 - [day 49] NOA2 (approval)

09-15 - [day 83] NVC emailed with a new case #

09-22 - [day 90] received I-864 fee bill from NVC

09-27 - [day 95] received DS-3032 from NVC

09-28 - [day 96] sent DS-3032 to NVC

09-29 - [day 97] sent I-864 fee bill to St. Louis

09-30 - [day 98] DS-3032 arrived at NVC at 1050hr.

09-30 - [day 98] I-864 fee bill arrived at St. Louis at 1132hr.

10-07 - [day 105] I-864 fee bill arrived at NVC

10-20 - [day 118] case still under "administrative processing" at NVC

11-08 - [day 137] IV bill generated

11-17 - [day 146] received IV bill from NVC

11-19 - [day 148] received I-864 AOS forms

11-24 - [day 153] sent IV fee bill to St. Louis

11-27 - [day 156] IV fee bill arrived at St. Louis

12-11 - [day 170] sent I-864 forms to NVC

12-14 - [day 173] DS-230 generated by NVC

12-22 - [day 181] DS-230 received from NVC

12-31 - [day 190] DS-230 sent to NVC

-------2005

01-03 - [day 193] DS-230 received at NVC

01-12 - [day 202] RFE

02-05 - [day 225] sent missing docs to NVC

02-08 - [day 228] NVC received docs

02-15 - [day 235] CASE COMPLETE!!!!

03-07 - [day 255] case forwarded to consulate

04-06 - [day 285] INTERVIEW DAY!!--- SUCCESSFUL[/color]

04-10 - activated visa at YVR POE

-------2005

01-22 - K3 approved

02-07 - NVC forwards petition to post

02-15 - received packet from consulate

K3 abandoned... going for CR1

---------2009

02-23 - [day 1] sent N400 docs

02-24 - [day 2] N400 docs arrived in Phoenix at exactly 10:41am

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so are you saying that they will allow us to live in canada as long as he keeps his job in the us?

Your US/foreign spouse can live with you in Canada while the PR application is in the process but he/she will not be authorized to be able to work or study in Canada. Your US spouse can commute from Canada to the US to work, both during the PR application process and after he/she becomes a PR of Canada. Both situations are acceptable.

I do believe that the foreign spouse can apply for a work/study permit in Canada once your PR application is approved at the first stage but I am have no idea how long it takes to get approval at the first stage.

Also, to clarify more: the foreign spouse does not need to keep his/her job in the US in order to live with you in Canada. He/she can be unemployed and still live with you in Canada but you must prove that you have sufficient financil means to support your foreign spouse until his/her PR is approved.

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Filed: Citizen (pnd) Country: Canada
Timeline

hmmm......

i see a problem with this now. my husband is the only one that works. i stay at home w/ our 3 small children. how does this affect the whole sponsorship if i can't provide for him? but i mean, he's the one providing for us.


-------2004 [CR1]

06-25 - [day 01] sent I-130

07-08 - [day 14] NOA1 (receipt)

08-12 - [day 49] NOA2 (approval)

09-15 - [day 83] NVC emailed with a new case #

09-22 - [day 90] received I-864 fee bill from NVC

09-27 - [day 95] received DS-3032 from NVC

09-28 - [day 96] sent DS-3032 to NVC

09-29 - [day 97] sent I-864 fee bill to St. Louis

09-30 - [day 98] DS-3032 arrived at NVC at 1050hr.

09-30 - [day 98] I-864 fee bill arrived at St. Louis at 1132hr.

10-07 - [day 105] I-864 fee bill arrived at NVC

10-20 - [day 118] case still under "administrative processing" at NVC

11-08 - [day 137] IV bill generated

11-17 - [day 146] received IV bill from NVC

11-19 - [day 148] received I-864 AOS forms

11-24 - [day 153] sent IV fee bill to St. Louis

11-27 - [day 156] IV fee bill arrived at St. Louis

12-11 - [day 170] sent I-864 forms to NVC

12-14 - [day 173] DS-230 generated by NVC

12-22 - [day 181] DS-230 received from NVC

12-31 - [day 190] DS-230 sent to NVC

-------2005

01-03 - [day 193] DS-230 received at NVC

01-12 - [day 202] RFE

02-05 - [day 225] sent missing docs to NVC

02-08 - [day 228] NVC received docs

02-15 - [day 235] CASE COMPLETE!!!!

03-07 - [day 255] case forwarded to consulate

04-06 - [day 285] INTERVIEW DAY!!--- SUCCESSFUL[/color]

04-10 - activated visa at YVR POE

-------2005

01-22 - K3 approved

02-07 - NVC forwards petition to post

02-15 - received packet from consulate

K3 abandoned... going for CR1

---------2009

02-23 - [day 1] sent N400 docs

02-24 - [day 2] N400 docs arrived in Phoenix at exactly 10:41am

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i see a problem with this now. my husband is the only one that works. i stay at home w/ our 3 small children. how does this affect the whole sponsorship if i can't provide for him? but i mean, he's the one providing for us.

Your husbands income can be used to meet the support requirements.

Please see the following link http://www.cic.gc.ca/english/pdf/kits/guides/5482E.PDF http://www.cic.gc.ca/english/pdf/kits/forms/IMM1283E.PDF

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Filed: Citizen (pnd) Country: Canada
Timeline

Your husbands income can be used to meet the support requirements.

Please see the following link http://www.cic.gc.ca/english/pdf/kits/guides/5482E.PDF http://www.cic.gc.ca/english/pdf/kits/forms/IMM1283E.PDF

Thank you for this info. So basically, he's acting as a co-signer, is that correct?


-------2004 [CR1]

06-25 - [day 01] sent I-130

07-08 - [day 14] NOA1 (receipt)

08-12 - [day 49] NOA2 (approval)

09-15 - [day 83] NVC emailed with a new case #

09-22 - [day 90] received I-864 fee bill from NVC

09-27 - [day 95] received DS-3032 from NVC

09-28 - [day 96] sent DS-3032 to NVC

09-29 - [day 97] sent I-864 fee bill to St. Louis

09-30 - [day 98] DS-3032 arrived at NVC at 1050hr.

09-30 - [day 98] I-864 fee bill arrived at St. Louis at 1132hr.

10-07 - [day 105] I-864 fee bill arrived at NVC

10-20 - [day 118] case still under "administrative processing" at NVC

11-08 - [day 137] IV bill generated

11-17 - [day 146] received IV bill from NVC

11-19 - [day 148] received I-864 AOS forms

11-24 - [day 153] sent IV fee bill to St. Louis

11-27 - [day 156] IV fee bill arrived at St. Louis

12-11 - [day 170] sent I-864 forms to NVC

12-14 - [day 173] DS-230 generated by NVC

12-22 - [day 181] DS-230 received from NVC

12-31 - [day 190] DS-230 sent to NVC

-------2005

01-03 - [day 193] DS-230 received at NVC

01-12 - [day 202] RFE

02-05 - [day 225] sent missing docs to NVC

02-08 - [day 228] NVC received docs

02-15 - [day 235] CASE COMPLETE!!!!

03-07 - [day 255] case forwarded to consulate

04-06 - [day 285] INTERVIEW DAY!!--- SUCCESSFUL[/color]

04-10 - activated visa at YVR POE

-------2005

01-22 - K3 approved

02-07 - NVC forwards petition to post

02-15 - received packet from consulate

K3 abandoned... going for CR1

---------2009

02-23 - [day 1] sent N400 docs

02-24 - [day 2] N400 docs arrived in Phoenix at exactly 10:41am

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Filed: Citizen (pnd) Country: Canada
Timeline

Just remember if you move to Canada being a permanent US resident you will lose that status and if you ever decide to move to the US again you would have to re-do the entire process. There are certain exceptions like applying for a Re-entry permit which allows up to 2 years absence from the US. Or a N-470 which preserves your residency in case you wanted to apply for US citizenship, but even with that, it's only good for about a year absence.

So if you ever wanted to move back to the US (Your husband and kids would be fine, you would be the issue), you could face problems and maybe denial until your husband files for a K-3 (or whatever it is). Best bet is for you to get US citizenship so you can have both US and Canadian and then you can travel and live where ever you want in the world.

If you never plan on ever moving back to the US, then yeah go for it, abandon the Green card etc since you won't ever need it again. The only problem is with the Green Card if you wanted to come back. So some things to think about...


I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

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Filed: Citizen (pnd) Country: Canada
Timeline
Just remember if you move to Canada being a permanent US resident you will lose that status and if you ever decide to move to the US again you would have to re-do the entire process. There are certain exceptions like applying for a Re-entry permit which allows up to 2 years absence from the US. Or a N-470 which preserves your residency in case you wanted to apply for US citizenship, but even with that, it's only good for about a year absence.

So if you ever wanted to move back to the US (Your husband and kids would be fine, you would be the issue), you could face problems and maybe denial until your husband files for a K-3 (or whatever it is). Best bet is for you to get US citizenship so you can have both US and Canadian and then you can travel and live where ever you want in the world.

If you never plan on ever moving back to the US, then yeah go for it, abandon the Green card etc since you won't ever need it again. The only problem is with the Green Card if you wanted to come back. So some things to think about...

thank you for the insight. as much as i'd like to become a US citizen, i don't think it's feasible since i was already naturalized to become a canadian citizen when we were younger. i don't know how much truth there is to this, but i heard before that you can only be naturalized once. and i think that if i decide to become a US citizen, then i would have to denounce my canadian citizenship, which is something I don't think I would do.


-------2004 [CR1]

06-25 - [day 01] sent I-130

07-08 - [day 14] NOA1 (receipt)

08-12 - [day 49] NOA2 (approval)

09-15 - [day 83] NVC emailed with a new case #

09-22 - [day 90] received I-864 fee bill from NVC

09-27 - [day 95] received DS-3032 from NVC

09-28 - [day 96] sent DS-3032 to NVC

09-29 - [day 97] sent I-864 fee bill to St. Louis

09-30 - [day 98] DS-3032 arrived at NVC at 1050hr.

09-30 - [day 98] I-864 fee bill arrived at St. Louis at 1132hr.

10-07 - [day 105] I-864 fee bill arrived at NVC

10-20 - [day 118] case still under "administrative processing" at NVC

11-08 - [day 137] IV bill generated

11-17 - [day 146] received IV bill from NVC

11-19 - [day 148] received I-864 AOS forms

11-24 - [day 153] sent IV fee bill to St. Louis

11-27 - [day 156] IV fee bill arrived at St. Louis

12-11 - [day 170] sent I-864 forms to NVC

12-14 - [day 173] DS-230 generated by NVC

12-22 - [day 181] DS-230 received from NVC

12-31 - [day 190] DS-230 sent to NVC

-------2005

01-03 - [day 193] DS-230 received at NVC

01-12 - [day 202] RFE

02-05 - [day 225] sent missing docs to NVC

02-08 - [day 228] NVC received docs

02-15 - [day 235] CASE COMPLETE!!!!

03-07 - [day 255] case forwarded to consulate

04-06 - [day 285] INTERVIEW DAY!!--- SUCCESSFUL[/color]

04-10 - activated visa at YVR POE

-------2005

01-22 - K3 approved

02-07 - NVC forwards petition to post

02-15 - received packet from consulate

K3 abandoned... going for CR1

---------2009

02-23 - [day 1] sent N400 docs

02-24 - [day 2] N400 docs arrived in Phoenix at exactly 10:41am

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Filed: Other Timeline

there are dozens upon dozens of threads here at VJ that explain dual and multi-citizenships.

You can have multiple citizenships, and dual between the US and Canada is allowed.


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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