Myriad of Questions, conflicting answers Help?

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Subject: Myriad of Questions, conflicting answers Help?
  First off...
I am an American Citizen, my fiance is a Canadian Citizen. I am ´visiting´ in Canada right now and have been here for about 2.5months combined. We are getting married very soon. I have read tons and talked to Immigrations Canada numerous times and have receive conflicting info over and over again.

I am going to apply for family class/spouse sponsorship permanent residency.

1) When ´visiting´ for the 6month period is it continous or based on a calender year? I have been in Canada for about 2.5+-months of the year, but have gone back to the states for a week recently. Does the 6months start over?

2) When I entered Canada as a visitor I did not receive a stamp in my passport (Americans don´t require it). Thus how do I request a ´visitors extension´?

3) At what point in the process can I start working (in Canada)? When I talked to immigrations they said I would be able to apply after the 5month confirmation letter was sent, but another representative said otherwise.

4) How am I supposed to prove that I entered Canada on a specific date? I have a receipt from the day that I came back into the US from the State I am from and then another receipt in Ontario several days later, will that suffice?

5) For my spouse to sponsor me does she have to fit a certain financial profile (i.e. does she have to make a certain amount of money?). She just started working since we both just moved back up here (she went to University in the US). She now has a good job, but does she have to have a certain amount of $$$ in her bank account to be considered? She is paid enough that she will easily be able to support both of us while my documents pend.

Thats all for now... I´m just really confused and constantly burdoned by this. I love her to no end and wish it were just more simple. Additionally I love Canada and desperately want to be here, permanently.

Thanks to anyone who replies.
FP

[13-08-2004,00:51]
FP
answers to questions (in reply to: Myriad of Questions, conflicting answers Help?)
FP,
First off, don´t worry. I know it seems like so much stress, time, energy, emotion, but it actually all works out rather easily (they just don´t like you to think it will). I just got landed in June. I´m married to a Canadian citizen and I am american. We´ve been married 2 years, so you´re really getting a jump on things applying when you are. I hope I can answer some of your questions.

1) When ?visiting? for the 6month period is it continous or based on a calender year? I have been in Canada for about 2.5+-months of the year, but have gone back to the states for a week recently. Does the 6months start over?

-At the border, when you enter canada, they border guard will sometimes stamp you, but most times he will not. It is totally up to their discretion. If they do not stamp you, you are legally allowed to stay in canada, as a visitor for 6 months...each time you enter. However, if you´re crossing regularly at the same border, they will eventually put a cap on the time you stay by issuing you a "visitor record". If they do stamp your passport they can make it for any time period they want, so it is not necessarily always 6 months long. Before you get married you need to ask them at your port of entry if they will issue you a visitor record. This is like a stamp in your passport, but is an actual piece of paper (a visa). Perhaps you already have this. It is for a continuous amount of time, usually 6 months, and the date it says it expires is the date by which you need to have sent away for a "visitor extension" or have left Canada. Since it does not seem that you want to leave Canada you will be getting an extension. This is perfectly normal, and relatively painless. Canada Immigrations requires you to maintain your "status" while you wait for your "permanent resident" application to be approved. For me this meant that I had to renew my "visitor visa" about 3 times.

2) When I entered Canada as a visitor I did not receive a stamp in my passport (Americans don?t require it). Thus how do I request a ?visitors extension??

-Like I said, you need to go to the canadian port of entry and ask the immigrations people to issue you a visitor record. They may ask you all kinds of questions, just be ready to answer them (stuff about you and your fiance, where you met, how long you´ve knowns one another, etc.) they may even be mean, but hopefully not. You tell them that you´re applying for permanent residency after you get married (you can´t even apply before that time unless you´re officially "common law" spouses"). Get online when your "visitor record" is close to being up and go to immigration canada site and you can print off an extension application. You will have to send them your address though, because they´ll send you a receipt in the mail that you take to a bank and get stamped (after you´ve paid $75) and send in with your extension application (proof that you´ve paid the fee, you don´t pay the government directly, you pay them via the bank.)

3) At what point in the process can I start working (in Canada)? When I talked to immigrations they said I would be able to apply after the 5month confirmation letter was sent, but another representative said otherwise.

-You probably won´t be able to start working until you´ve sent in your application for permanent residency. Your spouse will have to be approved as your sponsor, and then you will have to have preliminary approval, and they will send you a letter that says you´ve ´almost´ been approved and now you can apply for an "open work permit" which means you don´t have to prove that you have a job offer, or anything like that. However, you will have to pay another $150 to get the work permit and it´s possible, like as for me, you´ll get your permanent resident status within a month so it´s hardly worth applying for the work permit. This whole process took about 8 months for me, after sending away my application for permanent residency. You can try to apply for a work permit before that time though, but you may have to show you have job offers, your profession is viable, etc.

4) How am I supposed to prove that I entered Canada on a specific date? I have a receipt from the day that I came back into the US from the State I am from and then another receipt in Ontario several days later, will that suffice?

-You don´t really have to show that you entered Canada on a specific date. I don´t have any idea when I first came here, besides the month in which I arrived. I just put the port of entry, the month and the year. No need for receipts. What requires you to give this info?


5) For my spouse to sponsor me does she have to fit a certain financial profile (i.e. does she have to make a certain amount of money?). She just started working since we both just moved back up here (she went to University in the US). She now has a good job, but does she have to have a certain amount of $$$ in her bank account to be considered? She is paid enough that she will easily be able to support both of us while my documents pend.

-In speaking with the immigration people I was relieved to find out that there is not set dollar amount that one is required to have. In fact, I was told that the qualifications are rather lax in terms of finances when it comes to sponsoring a spouse. They really don´t require you to show much more than that you´re in good standing with the government (a.k.a. you aren´t on welfare), and can hold down a job.

I realize this is all very difficult, but it will get easier. YOu´ll be landed before you know it and then you´ll only have to worry about getting a job!

Email me if you have any more questions or what I´ve written isn´t clear. I´m not the definative source for immigration information, but I hope I can help.

Amy

amybartron@oxygen.ie

[21-08-2004,20:55]
amy
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