US to Canada Immigration (yes, one of those threads)

[folclor]

Okay, before y'all jump on me and point me to all the other US to Canada threads... trust me, I've read them. I've also spent hours (likely, when you round up all of the hours, it would amount to weeks. Prolly not months, though) googling, looking on CIC's site, calling and bugging the people on their 1-888 number, etc. And yet, I'm no closer, I feel, to understanding what I need to do.

I studied for a year in Edmonton (where I'm trying to move) but did not live with my SO at the time because he lived in Slave Lake. Now he's in Edmonton. I had to leave the country because of the change in US financial aid requirements and the subsequent dropping of support from my uni. I went up to Edmonton and spent the summer there and tried to find a job. However, though there were leads no one ended up hiring me.

Now I'm back in Texas and trying to move to Edmonton. My boyfriend and I are planning to get married next year, but I noticed that the wait times for spousal visas are currently, at shortest, 18 months. I have a job with Starbucks and I know they could transfer me up there, but it's quite unlikely. I've also embarked on the journey of being a published author.

So that's the ...overview of the situation. So my questions boil down to this:
1. Would it be quicker to apply as a self employed person? There's no data I can find on processing time for this visa. I won't be able to apply until May for that visa.
2. What about the sponsorship option? He graduates college in April. We've been in a committed relationship for a little over 3 years now, but the language as far as conjugal partners is murky to me. I don't know if we qualify or not since we're planning to get married. We don't qualify for common law, but we've been barred from living together because of immigration issues. Also, has anyone already gone through this process? How long does it take for it to go through the pipes? I've been keeping records on our visits and such to prove our relationship has existed for that long, should it be needed.
3. Should I just go up there for a visit and then go to an immigration lawyer to see if we can finagle a visa?

Thank y'all for reading my text wall. Sorry to re-ask questions but I am not finding the answers I'm looking for.

[BabyGund]

I'm looking into the same issues so I'm interested to see what answers you receive...here's what I got from CIC in my own research:

1. From what I understand, you have to prove you've made income in your profession and proof of one year experience. However you get that as "self-employed", good luck.

2. I have no idea.

3. I'm planning that myself when I'm in Ontario in 2 weeks.

[folclor]

hmm... interesting. When I was up for the summer I spammed their 1-888 line (it says not to call from out of country, so I haven't been calling since I got back) and occasionally I'd get to talk to a person but they only talked in vague terms as well... I guess if I can't get a better course of action I'll just go see an immigration lawyer when I'm up next.

If you find out anything on your trip, be sure to let me know ;D and good luck! I'm sure y'all will have tons of fun.

[Zephii]

Oh my God Marion, how the bloody hell are you? We've missed you around here! Great to hear from you.

On the conjugal partners thing, I don't think you'll get it. One of the core concepts of being conjugal is interdependence, and as neither of you actually need the other to survive it's unlikely you're going to fall into that category. That and I'm not sure they'd agree with you that you couldn't live together because of immigration, because you were in the same country for that period of time, thus not an immigration issue.

In most cases I'm against getting an immigration lawyer, because it's all stuff you can do yourself and who has that kind of money anyway? But seeing one once for advice couldn't hurt.

I'm sorry I couldn't be more help. I hope you get the answers you need

[folclor]

Haha, thanks Zephii. I missed y'all as well ^^

Yeah, that's what we were figuring on the conjugal partners and why we haven't gone for it. hmm.. I'll do some more digging and share anything else I find.

[Riyko]

1. Would it be quicker to apply as a self employed person? There's no data I can find on processing time for this visa. I won't be able to apply until May for that visa.
No because you need so many years of experience as well as proof of income and they might also require you to get a recommendation letter or two from places that have used your services.

2. What about the sponsorship option? He graduates college in April. We've been in a committed relationship for a little over 3 years now, but the language as far as conjugal partners is murky to me. I don't know if we qualify or not since we're planning to get married. We don't qualify for common law, but we've been barred from living together because of immigration issues. Also, has anyone already gone through this process? How long does it take for it to go through the pipes? I've been keeping records on our visits and such to prove our relationship has existed for that long, should it be needed.
With the sponsorship option he has to show he has enough money to sponsor you for at least a year in Canada. The best way to go about it is to apply for a sponsorship/spousal visa after you get married (my friend went through this recently as she married an american boy and she said it was easier to apply for the sponsorship/spousal visa and get it approved after they were married, but even still it look 9 months to get approved)

3. Should I just go up there for a visit and then go to an immigration lawyer to see if we can finagle a visa?
You can, but be careful with immigration lawyers in Canada, not all of them are honest and some will say what ever they know you want to hear just to get your money while you get denied a visa and usually a ban.

I can ask my friend more about the visa stuff she went through before and after getting married

[Benni]

[B]
2. What about the sponsorship option? He graduates college in April. We've been in a committed relationship for a little over 3 years now, but the language as far as conjugal partners is murky to me. I don't know if we qualify or not since we're planning to get married. We don't qualify for common law, but we've been barred from living together because of immigration issues. Also, has anyone already gone through this process? How long does it take for it to go through the pipes? I've been keeping records on our visits and such to prove our relationship has existed for that long, should it be needed.
With the sponsorship option he has to show he has enough money to sponsor you for at least a year in Canada. The best way to go about it is to apply for a sponsorship/spousal visa after you get married (my friend went through this recently as she married an american boy and she said it was easier to apply for the sponsorship/spousal visa and get it approved after they were married, but even still it look 9 months to get approved)

(I just noticed this thread is over a month old -- oh well, hope my answer helps someone.)

Yes, that's what B and I are doing. We are getting married in April. Then, in May, we will apply for spousal sponsorship with an Outland Application.

It's very important that you use that application. It allows you to travel back and forth plus the approval time is much less than Inland. They approve Outland first so families can be together, Inland apps come after that.

You can live with him for 6 months on your passport OR you can apply for a visitor's visa which usually lasts a year.

Inland apps can take up to 2 years. Outland apps are usually final in about 9 months.

I've spent the past 4 months researching this on a daily basis and asking lots of questions on this forum -- Canada Immigration Forum

They are pretty fast with replies and have been an immense help to both B and me.

Good luck!!

[BabyGund]

Oh sorry, I never came back to this....

So I did see an immigration attorney while in Ontario...and basically what Benni said is correct. The best way for to immigrate right now (unless you have some very specialized employment skills) is either marriage or student visa. The problem with student visa is that you're not allowed to work and have to show you have funds to pay tuition as well as support yourself.

We have complications with getting married....so unless I go back to school and major in something related to oil and gas mining (apparently this is a HUGE need), we're gonna be waiting. Medium term solution is that he's only an hour from the border so looking to move there.

[Stephi3004]

I'm so happy to see this discussion. My SO and I are planning the same thing. He's in the US. We have to wait for the marriage license paperwork to be approved before we can get married, and then the sponsorship process. I think I'm a fairly intelligent woman, but the immigration process is confusing enough to make me feel stupid! Thanks ladies!

[Benni]

Baby, that might be the perfect thing for you to do at this time. Move closer -- it would be so much easier on both of you!

Stephi, it is mind boggling indeed! I went through a couple weeks of really bad stress -- to the point of constant stomach ache -- but with that forum's help, I was able to learn all I needed to start the process of filing the app.

I don't know everything about it but have gained quite a bit of knowledge so I'll help you all I can. PM me if you want to, I'm usually close by during the day and early evening so I reply fairly quickly.
Meanwhile, join the Visa forum and ask all you need to ask -- they're very helpful.

[folclor]

oh my! It seems I didn't see these replies ^^; sorry y'all

Thanks for all the responses, though!

Benni - What do you mean Outland/Inland? Living outside the country vs inside? and you can actually live together for 6 months while it's being processed (assuming they allow you into the country, etc)? A visitor's visa sounds interesting, too. I'll have to save up enough to be able to support myself, then.

I'll be calling an immigration lawyer in Ontario on Thursday to find out more, but thanks for giving me leads to ask on! Anything else I learn I'll add to this forum. But thanks so much to everyone who's replied to me here!

[Benni]

First of all, the CIC forum will tell you not to waste your money on a lawyer. They can answer all your questions, on the forum, for free.

Outland/Inland is very confusing. Those are the names of the 2 different applications but it doesn't actually matter WHERE you live as to which one you use.

Outland apps are gone over faster because CIC would like to get family together as soon as possible.

Once you marry, your husband applies for Sponsorship. You apply for Outland Permanent Residency. Your husband sends all of the documents (yours and his) to CIC together, not separately.

He must be approved first which takes about a month, then they will go over your application for approval which can take 6-9 months.

If you would like to learn more, you can read my thread on their forum here:

CIC Thread

[BabyGund]

A friend of mine just went through this I found out! As soon as he gets settled in Alberta, I'll get more info.

Their situation was a bit different, as she had her green card in the US but never became a US citizen; she retained her Canadian citizenship. But they were married and living in the States for a while. So she applied from abroad to sponsor him and their daughter. Before communication was cut off (they're on their way to Alberta as I type), he told me it was a lengthy process and it took 10 months and $1500 in fees. But that it was half the cost of using an attorney.

[Benni]

Our fees are $1100. Guess it depends on a number of things. ??

That's not counting the medical exam which must be done by a doctor that's on their list -- I have to fly to Dallas for mine -- that will be $275 (some docs are higher). Plus the FBI report but that's only $18. here.

[BabyGund]

I haven't looked at the fees, but I know his wife was sponsoring him and their daughter. Maybe that adds additional fees?

They applied from the States and she had to prove that once they were approved for PR, she was moving back to Canada.