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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)
OhNOeS, now that you all know, there won't be room for MY spouse : P

So this begs the question, is there any reason why someone who is living in the U.S. cannot sponsor their spouse as a PR and then the fact that they live together, although perhaps have never lived in Canada, would suffice for the American to maintain their Canadian residency for PR purposes.

KnJ, do you know where you found the information or who you talked to that gave you this information?

trailmix -- apparently yes

bertiemae -- a friend, who for a living helps people with immigration to Canada. Not a lawyer, but someone who works with the system and reads about the process all the time.

The information about accompanying a Canadian citizen or PR outside the country and having that time be considered as 'residency' is here.

Residency obligation

Calculating days present in Canada

To meet the residency obligation, you must have been physically present in Canada for a minimum of 730 days within the past five years. If this is not the case, you may also count the days you spent outside of Canada in the following circumstances:

A. Accompanying a Canadian citizen or a permanent resident outside Canada

Accompanying a Canadian citizen

Each day that you are accompanying a Canadian citizen outside Canada is considered a day for which you satisfy the residency obligation provided that the person you are accompanying is your spouse, common-law partner or parent (if you are a child under 22 years of age).

The total number of days that you spend accompanying a Canadian citizen may be added to the total number of days for which you otherwise satisfy the residency obligation.

Edited by trailmix
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
OhNOeS, now that you all know, there won't be room for MY spouse : P

So this begs the question, is there any reason why someone who is living in the U.S. cannot sponsor their spouse as a PR and then the fact that they live together, although perhaps have never lived in Canada, would suffice for the American to maintain their Canadian residency for PR purposes.

KnJ, do you know where you found the information or who you talked to that gave you this information?

trailmix -- apparently yes

bertiemae -- a friend, who for a living helps people with immigration to Canada. Not a lawyer, but someone who works with the system and reads about the process all the time.

lets say my husband and I are married for four years.We live in US and apply for his Canadian PR status&citizenship from US.Since we've been married four years,they will be able to count those four years for his CDN citizenship so that he will be a CDN citizen automatically by being married to a CDN for four years...

is that right?

The information about accompanying a Canadian citizen or PR outside the country and having that time be considered as 'residency' is here.

Residency obligation

Calculating days present in Canada

To meet the residency obligation, you must have been physically present in Canada for a minimum of 730 days within the past five years. If this is not the case, you may also count the days you spent outside of Canada in the following circumstances:

A. Accompanying a Canadian citizen or a permanent resident outside Canada

Accompanying a Canadian citizen

Each day that you are accompanying a Canadian citizen outside Canada is considered a day for which you satisfy the residency obligation provided that the person you are accompanying is your spouse, common-law partner or parent (if you are a child under 22 years of age).

The total number of days that you spend accompanying a Canadian citizen may be added to the total number of days for which you otherwise satisfy the residency obligation.

I-130 Journey

04-18-09 - I-130 sent USPS Priority to Chicago Lockbox

04-24-09 - I-130 received by USCS and the first touch

04-27-09 - I-130 NOA1 (California Service Center)

04-27-09 - Check Cashed

08-13-09 - I-130 Received NOA2 e-mail

08-17-09 - I-130 Received NOA2 Hardcopy (I-797)

NVC Journey

08-17-09 - NVC Received/Case number assigned

09-08-09 - NVC sent the first mail to the petitioner

09-08-09 - DS-3032 / AOS Bill Generated

09-08-09 - E-mailed DS-3032

09-09-09 - Mailed DS-3032

09-09-09 - Pay AOS Bill (Online)

09-10-09 - AOS Bill Show as PAID

09-10-09 - IV Bill Generated

09-11-09 - Paid IV Bill

09-11-09 - NVC accepted DS-3032(received an e-mail)

09-12-09 - Mailed I-864 Package

09-14-09 - IV Bill Show as PAID

09-15-09 - I-864 received at NVC

09-16-09 - Mailed IV Package(DS-230)

09-17-09 - DS-230 package delivered to NVC(confirmed via fed-ex)

09-21-09 - NVC received the DS-230

09-23-09 - NVC sent an e-mail asking for DS-230 package

09-24-09 - NVC confirmed that the DS-230 package received

09-26-09 - Login Failed!!!

09-28-09 - Case Completed at NVC --------------------------------------------------NVC stage is completed in 38 days

01-27-10 - Medical

02-05-10 - Interview Date

04-14-10 - POE

Done with USCIS until Apr 14,2012 (Removal of Conditions)

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)
lets say my husband and I are married for four years.We live in US and apply for his Canadian PR status&citizenship from US.Since we've been married four years,they will be able to count those four years for his CDN citizenship so that he will be a CDN citizen automatically by being married to a CDN for four years...

is that right?

Hi redblue,

I'm not sure if this is your question, I edited it out of your reply.

Anyway, no that's not correct. "Time married" is not counted - time from the date he becomes a PR can probably be counted (while being married to a Canadian) - at least I think that is what is implied - I am assuming that time spent with your spouse out of the country can be counted towards citizenship - but i'm not really sure.

Edited by trailmix
Filed: Citizen (apr) Country: Canada
Timeline
Posted

I wish this topic was here a couple years ago!! I still wish I'd gone up there instead of him coming down here :/

But I guess it shouldn't be too difficult for me to apply down the road? I wanted to get started on applying for Canadian citizenship, especially if we decide to move there in future, but I didn't know if I had to live in Canada first or what...it's all so complicated.

"Я тебя люблю. Эти слова имеют мою жизнь в них."

Eligible for N-400 early based on Section 329 of the INA, Service During Hostilities

lLNXm5.png

Filed: K-1 Visa Country: Canada
Timeline
Posted
I don't know about your friends, but in my case, immigrating to Canada was extremely quick. From start to finish, it took six months. Compared to how long it often takes to immigrate to the U.S., I'd say immigrating to Canada is faster. But then again, that's my experience.

Same here. It took 11 months to get Scott's K1 and less than 3 for me to get my visa to go to Canada.

From my past experience working with Canadian immigration and my personal experiences with US immigration and from this website, the Canadian immigration process is faster, better organized, easier to complete and comply with and cheaper. While there is no fiance visa, there is also no conditional PR status and no removal of conditions. All of the fees are paid at once, no nickel and diming you throughout the process with yet another application and more money. You are allowed to visit in Canada and you can apply either in Canada or from outside of Canada - whatever way you go you are not separated for long periods of time like you are in the American process. You can come and go during the process and won't be 'abandoning' your application if you do so. While the Canadian process does have a financial sponsorship aspect, the requirement is 'waived' for spousal applicants so you don't need to have a minimum income level. As well, you can apply for citizenship after 3 years of Permanent Residency but you can also count up to two years of the time before you became a PR as long as you had legal status in Canada towards that citizenship at a rate of 50% - so you can conceivably get your PR status and only need 2 additional years before you can apply for citizenship. The processing time is about the same for the 'first' level of immigration process if you are going to the States - but for Canada, that is also the complete process.

All very good points.

K1

------------------------------------

07.12.07 - I-129f petition mailed

07.13.07 - I-129f received by VSC

07.18.07 - NOA1 notice

07.20.07 - check cashed

07.22.07 - touch

11.29.07 - NOA2, waited 140 days

11.30.07 - touch

12.03.07 - NVC Received

12.05.07 - NVC Left

12.10.07 - Consulate Rec'd

12.13.07 - Packet 3 Rec'd

03.13.08 - Packet 3 sent back to Montreal

04.08.08 - eligible for interview

05.13.08 - Packet 4 Rec'd

06.02.08 - Interview!

06.09.08 - Visa in hand!

06.16.08 - move date, POE via Peace Bridge, Buffalo, NY

06.20.08 - civil wedding

AOS

------------------------------------

06.25.08 - AOS package sent

06.30.08 - received in Chicago

07.07.08 - NOA1 for 485 (AOS), 765 (EAD), & 131 (AP), rec'd in mail 07.14.08

07.09.08 - touch on all 3

07.10.08 - check cashed

07.28.08 - case transferred to CSC

08.02.08 - Biometrics

08.03.08 - touch on AOS

08.04.08 - touch on AOS & EAD

08.05.08 - touch on EAD

08.06.08, 08.07.08, 08.21.08, 08.22.08 - touch on AOS

09.03.08 - EAD approved!

09.04.08 - touch on EAD

09.05.08 - EAD card arrives in mail

09.06.08 - AP arrives in mail (no updates online or via email)

09.23.08 - touch on AOS

09.24.08 - welcome letter mailed

09.25.08 - touch on AOS

09.30.08 - AOS approved

10.01.08 - touch on AOS

10.04.08 - Green Card received

------------------------------------

02.21.09 - "real" wedding in Montreal

 
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