American Already Married to Canadian
Jan 18th 2003, 2:21 pm
#1
Guest
Posts: n/a
American Already Married to Canadian
My Canadian brother married a woman from Georgia two years ago. They
have not gone ahead with her immigration application because they feel
he has not quite yet met the financial requirements (proof that he can
support her). He has a new full-time job, makes good money, but
living expenses are high (Alberta) and he has a fairly significant
monthly child support payment.
She has no documentation whatsoever, not temporary citizenship, no
work visa. Where should they begin? The CIC has lots of information
for people who are planning to come here and also for foreigners
studying or working here on temporary visas -- but seemingly no info
for Americans, who are allowed to cross the border freely without
documentation. In order to apply, they first seem to want a number
from a document that she simply doesn't have.
Incidentally, NUMEROUS attempts to speak to an actual PERSON at CIC
have failed (no one answers the telephone, it is apparently busy
during all office hours :-)
Any help you could provide would be greatly appreciated!
have not gone ahead with her immigration application because they feel
he has not quite yet met the financial requirements (proof that he can
support her). He has a new full-time job, makes good money, but
living expenses are high (Alberta) and he has a fairly significant
monthly child support payment.
She has no documentation whatsoever, not temporary citizenship, no
work visa. Where should they begin? The CIC has lots of information
for people who are planning to come here and also for foreigners
studying or working here on temporary visas -- but seemingly no info
for Americans, who are allowed to cross the border freely without
documentation. In order to apply, they first seem to want a number
from a document that she simply doesn't have.
Incidentally, NUMEROUS attempts to speak to an actual PERSON at CIC
have failed (no one answers the telephone, it is apparently busy
during all office hours :-)
Any help you could provide would be greatly appreciated!
Jan 18th 2003, 6:32 pm
#2
Guest
Posts: n/a
Re: American Already Married to Canadian
you are probably lucky you havent got through to the CIC call centre because
lately they seem to be giving out rather dodgy advice, especially in regard
to inland cases.
One thing your brother should know is that there are no income requirements
if he is sponsoring his spouse, so the fact he has a job is evidence enough
he can support her. So he does not have to worry about that.
he should go to http://www.cic.gc.ca and read about family sponsorship.
his two options are sponsor her while she is in the USA or get her to come
to Canada as a visitor and then sposnor her while she stays with him in
Canada as a visitor.
Each has their own advantages and disadvantages.
Drew
"Phee" wrote in message
news:[email protected]...
> My Canadian brother married a woman from Georgia two years ago. They
> have not gone ahead with her immigration application because they feel
> he has not quite yet met the financial requirements (proof that he can
> support her). He has a new full-time job, makes good money, but
> living expenses are high (Alberta) and he has a fairly significant
> monthly child support payment.
> She has no documentation whatsoever, not temporary citizenship, no
> work visa. Where should they begin? The CIC has lots of information
> for people who are planning to come here and also for foreigners
> studying or working here on temporary visas -- but seemingly no info
> for Americans, who are allowed to cross the border freely without
> documentation. In order to apply, they first seem to want a number
> from a document that she simply doesn't have.
> Incidentally, NUMEROUS attempts to speak to an actual PERSON at CIC
> have failed (no one answers the telephone, it is apparently busy
> during all office hours :-)
> Any help you could provide would be greatly appreciated!
lately they seem to be giving out rather dodgy advice, especially in regard
to inland cases.
One thing your brother should know is that there are no income requirements
if he is sponsoring his spouse, so the fact he has a job is evidence enough
he can support her. So he does not have to worry about that.
he should go to http://www.cic.gc.ca and read about family sponsorship.
his two options are sponsor her while she is in the USA or get her to come
to Canada as a visitor and then sposnor her while she stays with him in
Canada as a visitor.
Each has their own advantages and disadvantages.
Drew
"Phee" wrote in message
news:[email protected]...
> My Canadian brother married a woman from Georgia two years ago. They
> have not gone ahead with her immigration application because they feel
> he has not quite yet met the financial requirements (proof that he can
> support her). He has a new full-time job, makes good money, but
> living expenses are high (Alberta) and he has a fairly significant
> monthly child support payment.
> She has no documentation whatsoever, not temporary citizenship, no
> work visa. Where should they begin? The CIC has lots of information
> for people who are planning to come here and also for foreigners
> studying or working here on temporary visas -- but seemingly no info
> for Americans, who are allowed to cross the border freely without
> documentation. In order to apply, they first seem to want a number
> from a document that she simply doesn't have.
> Incidentally, NUMEROUS attempts to speak to an actual PERSON at CIC
> have failed (no one answers the telephone, it is apparently busy
> during all office hours :-)
> Any help you could provide would be greatly appreciated!
Jan 19th 2003, 2:57 am
#3
Guest
Posts: n/a
Re: American Already Married to Canadian
HI
She has to have legal status in Canada to apply as a spouse from
within. If she has no stamp on her passport saying otherwise, she was
allowed to come into Canada and stay for a max of 6 months. If she has
been in Canada for 2 years without status, thats going to be a
problem.The PR application clearly states you MUST have legal status
in Canada to apply. I would guess since shes from the states, the
easiest way to fix that is to go back to the states for a day or so
and then re enter Canada. Just make sure she has some credit card
receipts or something to show that she WAs in the states. After she
does that she once again has status, and can apply as a spouse from
within. She then needs to send in a visitors extension to CIC before
the end of her 6 months visitor status expires. I applied fro PR from
within as a commonlaw spouse in Nov. and sent in my extension request
a month later. I was granted a 1 year visitor extension. Being from
the US myself, I had no proof of my entry date into Canada, so
passport stamp etc. I enclosed a brief letter to CIC stating I was
not asked for a passport on my last entry, and gave them the date and
port of entry. They obvioulsy accepted this, as the granted my
extension. I think CIC realizes that most US citizens have no
passport stamp. Now that I have a visitor record, I have a client ID #
with CIC.
She has to have legal status in Canada to apply as a spouse from
within. If she has no stamp on her passport saying otherwise, she was
allowed to come into Canada and stay for a max of 6 months. If she has
been in Canada for 2 years without status, thats going to be a
problem.The PR application clearly states you MUST have legal status
in Canada to apply. I would guess since shes from the states, the
easiest way to fix that is to go back to the states for a day or so
and then re enter Canada. Just make sure she has some credit card
receipts or something to show that she WAs in the states. After she
does that she once again has status, and can apply as a spouse from
within. She then needs to send in a visitors extension to CIC before
the end of her 6 months visitor status expires. I applied fro PR from
within as a commonlaw spouse in Nov. and sent in my extension request
a month later. I was granted a 1 year visitor extension. Being from
the US myself, I had no proof of my entry date into Canada, so
passport stamp etc. I enclosed a brief letter to CIC stating I was
not asked for a passport on my last entry, and gave them the date and
port of entry. They obvioulsy accepted this, as the granted my
extension. I think CIC realizes that most US citizens have no
passport stamp. Now that I have a visitor record, I have a client ID #
with CIC.
Jan 20th 2003, 9:04 am
#4
Guest
Posts: n/a
Re: American Already Married to Canadian
[email protected] wrote:
> HI
> She has to have legal status in Canada to apply as a spouse from
> within. If she has no stamp on her passport saying otherwise, she was
> allowed to come into Canada and stay for a max of 6 months. If she has
> been in Canada for 2 years without status, thats going to be a
> problem.
This is correct. She has overstayed by a year and a half. Luckily for
you they probably don't know that she hasn't returned to the U.S, so
she should go back to the USA so that she can go back into status
again.
My suggestion is that she go back across the border and come right
back again to "visit" you. That way she will be back in status. After
that, I suggest you talk to an immigration lawyer since your case is
not going to be an easy one.
> HI
> She has to have legal status in Canada to apply as a spouse from
> within. If she has no stamp on her passport saying otherwise, she was
> allowed to come into Canada and stay for a max of 6 months. If she has
> been in Canada for 2 years without status, thats going to be a
> problem.
This is correct. She has overstayed by a year and a half. Luckily for
you they probably don't know that she hasn't returned to the U.S, so
she should go back to the USA so that she can go back into status
again.
My suggestion is that she go back across the border and come right
back again to "visit" you. That way she will be back in status. After
that, I suggest you talk to an immigration lawyer since your case is
not going to be an easy one.
