Inland American Married to Canadian confused on processes

[CanAmerica]

I am an american who married a canadian in October 2009. My paperwork was received by Vegreville on June 24 2010, when I filed I applied under family class sponsorship, sent in my OWP and PR apps, paid for sponsorship and owp fees but not PR as I was advised that I could wait to pay PR fees until first stage approval, by immigration hotline and lawyer, but then I contacted another lawyer who said the hotline and lawyer misinformed me and that they wont even look at any of my applications without the PR fee. I also have three children who currently live with their dad in the USA he has "physical custody" but we both retain joint legal, and "physical custody " can change at any time as long as we are both in agreeance. I did not include them in applicatoion other then listing them making sure their birth certs and copies of their nexus cards were included as well as getting their medicals, but they were listed as non-accompanying, this same attorny that informed me i was misinformed about PR said if I didnt list my kids as accompanying they would never be allowed in canada if they wanted to live with me at any time, but I think perhaps they were confused about US family law. I feel so stuck right now I cant work and I have child support to pay for my kids, which my husband is paying, until I can work, this process is so costly and so slow. Anyone that can offer advice, it would mean the world.

 

[PMM]

Hi

I am an american who married a canadian in October 2009. My paperwork was received by Vegreville on June 24 2010, when I filed I applied under family class sponsorship, sent in my OWP and PR apps, paid for sponsorship and owp fees but not PR as I was advised that I could wait to pay PR fees until first stage approval, by immigration hotline and lawyer, but then I contacted another lawyer who said the hotline and lawyer misinformed me and that they wont even look at any of my applications without the PR fee. I also have three children who currently live with their dad in the USA he has "physical custody" but we both retain joint legal, and "physical custody " can change at any time as long as we are both in agreeance. I did not include them in applicatoion other then listing them making sure their birth certs and copies of their nexus cards were included as well as getting their medicals, but they were listed as non-accompanying, this same attorny that informed me i was misinformed about PR said if I didnt list my kids as accompanying they would never be allowed in canada if they wanted to live with me at any time, but I think perhaps they were confused about US family law. I feel so stuck right now I cant work and I have child support to pay for my kids, which my husband is paying, until I can work, this process is so costly and so slow. Anyone that can offer advice, it would mean the world.

1. Run from that lawyer, s/he doesn't appear to have a clue.
2. You paid for the sponsorship/application $550 and $150 for the OWP right? When the local CIC is ready to "land" they will ask you to pay the $490 Right of PR fee. That can be paid at the CIC when you go for your "landing interview" or Mississauga.
3. As long as your kids were included as non accompanying and they had the medical at a Designated Medical Practitioner, then they were examined and are sponsorable in the future.
4. For others in your position (especially those that are visitor visa exempt ) if they have valid status in Canada should always apply for "out of Canada" sponsorship (while residing in Canada) it is usually much quicker.
5. If #1 and 3 were done, you are fine.

 

[CanAmerica]

Thanks PMM yes the $550 and $150 are paid, and yes my kids had medicals, although as i am researching more and more I am finding out for every year it takes me to get my landied staus i will have to renew and pay for all our medical exams annually. At one point we had an attorney tell us i could apply outland even though i was here, but that changed after my "6 months" expired and I had to get a visitor visa, I am here on implied status now because of applying for the owp, thanks for the insight though

 

[PMM]

Hi

Thanks PMM yes the $550 and $150 are paid, and yes my kids had medicals, although as i am researching more and more I am finding out for every year it takes me to get my landied staus i will have to renew and pay for all our medical exams annually. At one point we had an attorney tell us i could apply outland even though i was here, but that changed after my "6 months" expired and I had to get a visitor visa, I am here on implied status now because of applying for the owp, thanks for the insight though

I have no idea where you are searching, but if there is no annual medical exam for the children. The medical is valid for 1 year. If you decide to sponsor them in the future, at THAT TIME they would require another medical. When you original visitor was close to expiring, you could have applied to Vegreville for an extension.

 

[CanAmerica]

thanks PMM always cool to get different insights, thats cool about kids medicals it gets expensive, almost $400 for my kids, aside from that Im still in canada, they said as long as I was applying for OWP i didnt need extension because I fall under "implied"

 

[minna]

right , but what PMM was saying was that you still could have applied outland - you would have needed to extend your visitor record, but that's easily done through application to Vegreville. As long as your had applied to extend your status before filing for PR outland, you would have been just fine.

but that's all kind of beside the point now, I suppose, as you decided to apply inland.

 

[CanAmerica]

its a frusterating process, and so much to learn, I wish I wouldve known about that or actually applied outland, but then I read a forum that said at the time inland apps were being processed faster. Where I am from is only 3 hours from where I am in Canada and its been totally insane, it took me almost a year to get all the required paperwork, plus the costs of everything.