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| Subject: Canadian married to an American for over 5 years |
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Hi Everyone,
I have been reading over some of your well informed responses and I hope you can set me in the right direction.
I see that my problem has been discussed in the past but it seems like the new legislation put forth by Mr. Volpe helps everyone but Americans married to Canadians. I hope that some people will read my story and can give me some help or advice. Thank you
My husband, who is an American citizen, and I have been married for over five years. We were living in the US where I was working legally with an L visa. It is important to note that I am a Canadian citizen. I wasn´t very happy in the American Midwest and luckily was offered a very good position back in Ontario. I accepted the position in December 2004 and happily came back to Canada.
My husband had to take care of the move, which was definitely appreciated by me, and I headed up without him. When my husband came up to Ontario he was honest with the customs agent and he was told basically "good luck with the move" and that was it. We have most of the documentation for the Application for Permanent Residence in Canada except for the Medical Exam that we hoped to do in Canada. But to me there is one caveat that I want to resolve. On the checklist it mentions where an Indication of Status in Canada is needed (i.e., vistors visa, etc.). My question would be as follows since Joe Volpe stated on 2/18/05 that "regardless of your immigration status in Canada" you can apply for permanent residence in Canada if you meet the three requirements of being legally married, living in Canada and me wanting to sponsor him, what does that mean in our case? We knew Americans didn´t need a visa to come to Canada and could stay six months and at the time my husband crossed legitimately he wasn?t expecting to stay because of having to tie up some loose ends back in the US that were unexpectedly resolved, so luckily for me he didn´t have to head back. We figured that after the rule change on February the 18th that we could apply from Canada without having to apply for any visa or need some magical form at the border.
We have been married for over five years, I have a very good job, we have NO children, my husband has NO criminal record or health issues whatsoever, nor was he ever married except to me, of course. My concern is that despite the change in the CIC rules for applying for immigration within Canada that my husband actually needed something called a VISITORS RECORD or visa to apply for Permanent Residency within Canada. It states right on the CIC website that the requirement for "valid temporary visitor status has been waived."
My other concern is that if we do have to get a visitor record at the border that there is NEVER any guarantee of customs necessarily letting him back in. I am hoping that we wouldn´t have to go through the fun of entering the US which is ALWAYS a hassle and then turning around and getting the form from Canadian Immigration at the border. There must be another way if the visitors record is needed.
I just want to know what is the best way to handle this situation. We have all the forms on the checklist and just want to get this sent in and wait like everyone else.
Thank you from one pretty angry Canuck,
Cheryl
[09-04-2005,06:03]
[**.68.42.129]
Cheryl |
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(in reply to: Canadian married to an American for over 5 years)
Hi Cheryl,
I´m an American and my husband is Canadian and went through basically the same thing. I never received a visitor´s record on my last entry to Canada. I called CIC and they told me that if I could use anything such as Plane Tickets, restaurant receipts anything that proved that was the date that I entered Canada. And then I could apply for a visitor record. Go to your local office and they should be able to help you. I know this isn´t much, but I hope it helps.
[10-04-2005,00:35]
[**.64.223.204]
tina |
American married to canadian for 15 years living in canada for 28 years with three adult children and two grand children (in reply to: Canadian married to an American for over 5 years)
What can we do she needs status she has no family left in the us her mother was born a canadian and died an american this information is in the 1906 and 1911 cencus of ontario.... we are not sure how to go about assisting her as her husbund is now permently disabled and can no longer be employed and she is also now in her 60´s her children are in there twentys with one on disability and the other two looking for work..... her husbund is also dying and she has no one or anything to go back to except to sleep on the streets
[03-12-2010,12:39]
[**.231.92.225]
Carol |
(in reply to: Canadian married to an American for over 5 years)
I suspect regardless of the circumstances, the Canadian husband is going to have to sponsor his wife.
[03-12-2010,15:07]
[**.154.245.217]
Sharon |
(in reply to: Canadian married to an American for over 5 years)
alternately, the kids would have to sponsor her.
[03-12-2010,15:08]
[**.154.245.217]
Sharon |
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