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Delicia

Canadian Immigration dilema

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Filed: AOS (apr) Country: Chile
Timeline

I withdrew my application for Canada in-land spousal in Sept 2007 after filing in Feb 2006 and having the file transferred to a local office in Nov 2006. Now, I have a request to complete a form IMM 5021 and am waffling if I even want to bother getting it completed. My major hang up is that my son, (USC) is still in Canada with my husband and we originally were planning on letting him complete his school year prior to moving him back in with me. It is actually working out ok, kid is doing well in school and hubby enjoys having him around.

Please see my blog for the details (link in signature) and post any ideas about this here, on this forum, or using the comment icon at the bottom of the blog post (no account sign in required).

Thanks for your assistance.

Edited by Delicia

My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

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

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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

Well I read the new entry. I'm a bit confused about the refund issue. You mention that they won't refund outside Canada, however the money being refunded is to your Husband in Canada, so I don't understand the issue there. :blink:

Anyhoo, since you want your Son to finish the school year, I suppose you could just drag your feet. The only problem being, which I'm sure you already know, this particular branch of immigration might be extremely efficient and therefore might cause a problem for you (if visiting up here) or your Son.

I suppose you could drag your feet and see if they follow up anytime soon? When are you planning on visiting them again?

Edited by trailmix

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Filed: AOS (apr) Country: Chile
Timeline

The problem with giving them my address is they only record one address per account (for lack of a better term). So it would default to the lastest address change (mine) and then voila, no refund.

I don't have any immediate plans to visit but if this U.S. process takes as long as I estimated earlier tonight, there might be several visits in the near future.

I am so depressed about everything.


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

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

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
The problem with giving them my address is they only record one address per account (for lack of a better term). So it would default to the lastest address change (mine) and then voila, no refund.

I don't have any immediate plans to visit but if this U.S. process takes as long as I estimated earlier tonight, there might be several visits in the near future.

I am so depressed about everything.

Yeah, I can understand that, you are kind of stuck.

If you call and tell them you have already left, you don't have to change your address, you can just tell them you prefer to have all correspondence sent to your Husband.

Then again, if you call them and tell them you have left, they will ask about your Son.

I'm just throwing this idea out there - have you considered not cancelling your Canadian application (if it's possible to un-cancel it now)? There was something mentioned by the MP that the security check should be completed in late 07? If your IR1 application does drag on a bit, it might be an option to move back up here for 6 months or so during the final processing maybe?

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Filed: AOS (apr) Country: Chile
Timeline

No, the application has been canceled per the letter in the previous post in the blog. And, besides, my application was not waiting on the security check, that was completed already as was the criminal check and the medical and everything else. CIC had issues with the age gap between myself and my husband and was looking at the 'marriage of convenience' as an issue. I am pretty sure we were waiting (for almost a year) just to get an appointment for an interview, but who knows...


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

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

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
No, the application has been canceled per the letter in the previous post in the blog. And, besides, my application was not waiting on the security check, that was completed already as was the criminal check and the medical and everything else. CIC had issues with the age gap between myself and my husband and was looking at the 'marriage of convenience' as an issue. I am pretty sure we were waiting (for almost a year) just to get an appointment for an interview, but who knows...

Yeah, the MP's letter actually said: The local office put the file in queue for review, which is estimated to occur in the final months of 2007. So 'review' said security check to me, for no particular reason.

I did read the whole blog originally including the elementary grade notes from CIC re age, culture etc.. I STILL don't get that part!

Well the 'un-cancelling' was my only brilliant idea I'm afraid, there doesn't seem to be much wiggle room in this situation.

Hopefully someone else will happen along with a good idea or two.

Edited by trailmix

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Filed: AOS (apr) Country: Chile
Timeline
I did read the whole blog originally including the elementary grade notes from CIC re age, culture etc.. I STILL don't get that part!

That will remain a huge mystery until the day I die, I am sure. Perhaps a brand new employee who knew where the coffee and the bathrooms were, but that was it? Still makes me mad to this day.... must... let.... go... bad... karma... must... let .... go...

Edited by Delicia

My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

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

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
I did read the whole blog originally including the elementary grade notes from CIC re age, culture etc.. I STILL don't get that part!

That will remain a huge mystery until the day I die, I am sure. Perhaps a brand new employee who knew where the coffee and the bathrooms were, but that was it? Still makes me mad to this day.... must... let.... go... bad... karma... must... let .... go...

Yes, maybe it is a good idea to let it go, since you have this new immigration adventure to focus on (personally I wouldn't be able to, I would be writing letters for years - but hey that's me and would it even accomplish anything?).

Government departments are so weird sometimes. << is there a prize for the biggest understatement of the morning?

Well at least you know, if it all gets to be too much, you can always start the Canadian immigration process again to give you status in the country while you wait. I know, the idea seems abhorrent at this moment, but if you NEED to - at least you and your Husband can think of it as an option.

Perhaps the process would be easier now, since you guys have been married longer (I say that because that seems to be what they were looking at, as asinine as it is to me).

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Filed: AOS (apr) Country: Chile
Timeline

I have made a command decision!

I am completely pissed off at these CIC immigration pricks who say that I must get this form filled out and blah blah blah when I really have no further obligation to the Canadian government in any form. I am going to call them, tell them that both my and my son left on whatever day it was that I crossed back into the U.S. (was sometime in late Sept, but I will look it up on the calendar and give them the exact date) and tell them I will not travel back to Canada to have one of their "officers" fill out my form for their benefit. I will inform them that my husband still resides in Canada and will continue to do so until the U.S. immigration is complete (in the year 3216 haha just joking) and the refund check should still be mailed to his address. I really only have to stall them until June when school gets out and if anything, if things get ugly or seem to be heading down that path with CIC, the kid can come to the U.S. whenever. It's just a matter of getting a plane ticket.

I don't owe them a damn thing and they owe me $975.00, simple as that.


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

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

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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I have made a command decision!

I am completely pissed off at these CIC immigration pricks who say that I must get this form filled out and blah blah blah when I really have no further obligation to the Canadian government in any form. I am going to call them, tell them that both my and my son left on whatever day it was that I crossed back into the U.S. (was sometime in late Sept, but I will look it up on the calendar and give them the exact date) and tell them I will not travel back to Canada to have one of their "officers" fill out my form for their benefit. I will inform them that my husband still resides in Canada and will continue to do so until the U.S. immigration is complete (in the year 3216 haha just joking) and the refund check should still be mailed to his address. I really only have to stall them until June when school gets out and if anything, if things get ugly or seem to be heading down that path with CIC, the kid can come to the U.S. whenever. It's just a matter of getting a plane ticket.

I don't owe them a damn thing and they owe me $975.00, simple as that.

You tell 'em! :thumbs:

Carla (F)


carlahmsb4.gif

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Filed: AOS (apr) Country: Chile
Timeline

Ok, seems when I am locked and loaded and looking for a fight, I get someone helpful and/or sympathetic to my cause.

I called CIC today and explained that I had left Canada and moved to the U.S. in late Sept 2007, long before they generated this form they want to me to have CIC IO fill out for my departure. The CIC agent on the phone says that since I merely had 'visitor' status from a non-visa country in Canada and not a formal temporary visa, I show up in their system as having no status. I informed her that I refused to update their system with my new U.S. address as that would prevent a refund of my Right of Landing fee. She acknowledged the problem and advised that I should just write back to the CIC office that generated the request to me and explain that I had left via land, give the exit location and date and call it over. She said I did not have to provide them with proof of departure or my current address in the letter, so I think I am good.

Thanks for the help. :thumbs:


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

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

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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

Did you by chance get her name or position title? Include that in ur letter!! Hope it works out for ya


Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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Filed: AOS (apr) Country: Chile
Timeline

Well, good things come in pairs and bad things in 3's, is that how it works?

A partial solution to the problem arrived in my husband's mailbox today. CIC issued a check for the Right of Landing fees, so when I write my letter to CIC, I can give them my current address (as if they care), but we are $1K closer to our goal of a 20% down payment on a house.

:dance::thumbs::dance:


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

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

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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