Point me in the right direction, please?

[Rob'sLuv 1]

I haven't been around these forums for quite awhile now - we were focused on a very complicated Canadian immigration process for my daughter's and my spousal permanent residence case to Canada, where we currently live with my Canadian citizen husband. That has now been accomplished but, I have to say, the stress took a real toll on us. Hubby and I are still as strong as ever, but our affections for Canada have been significantly diminished by what we were put through. In addition, I have two adult sons in the States that I haven't seen in almost 5 years - and they will never be able to come to Canada, probably even to visit. We are considering leaving Canada, and so I'm trying to determine what's involved to bring my Canadian citizen husband and his 15 year old son home with me.

Our intention was always to live here - in Canada. When we first got together he had custody of both of his children from his previous marriage and that made it impossible for him to immigrate. So we were married in Sept 2006 (after a 3 yr long distance relationship) in New York State, and my daughter and I crossed into Canada to stay with him while waiting for our permanent status to be approved. It probably would have been a happily ever after, even with the harsh winters, except that complications involving one of my sons (who was never immigrating to Canada in the first place) resulted in our application being refused. We had to wait out a 2 year appeal process and another year of reprocessing - finally having the whole thing resolved with our "landing" on January 31, 2011, after almost 4 years! So, now, because I have been living in Canada exclusively for the past several years, I have no job in the States - and no assets. Unless things have changed recently (and it seems that some things maybe have changed since the last time I was around asking questions), I'm assuming there is still an income/asset requirement for sponsoring family members - is this still applicable to spouse and dependent child sponsorships? If so, then what does someone do when they are living with a spouse in another country? Can family in the States co-sign a sponsorship for someone who lives abroad?

How do I get this process started? How much does it cost, overall? And at what point in the process am I allowed to bring my family home with me? When can my husband work? How long will the whole thing take and then what happens? What does permanent status actually get for my step-son and my husband? What are the conditions for maintaining it once they have it?

I know this is a lot of questions, and I'm sure I'll have more about forms and such (this process seems a lot more complicated than the Canadian one!) but if you guys could just get me started, I'd really appreciate it.

Regards,

RL

[Ryan H 3,812]

Since you have been living in Canada for 4 years. You might be eligible for Direct Consular Filing (DCF), however, because your status there was in limbo for a significant amount of time, I'm less than 50% sure that DCF is available to you.

Also, you will need a US domicile. Do you have a place to go to upon entry?

The sponsorship requirement is 125% of the federal poverty line based on your household size. If you can't meet it on your own, you require a co-sponsor.

Check out the guides for specifics.

Edited March 21, 2011 by Ryan H

[Krikit 1,164]

I'm going to move your thread over to the DCF forum from the K-3. That's the type of visa you will require. You will also want to visit and/or ask any questions in the Canada Regional Forum. Both those forums have great pinned topics which are essential reading. Welcome to VJ.

[Rob'sLuv 1]

Thanks, guys, for the welcome! I just started reading through some of the guides while I was waiting and it's obvious, now, that K3 is not what I'm looking for. I'll read up more on the DCF and the IR1/CR1 processes, as you suggested, and the Canada Regional Forum, too.

Just to answer your question, Ryan H, I only just recently got permanent status in Canada but I was here with legal temporary status for the entire time we were waiting on the resolution of our case. Will that make a difference? Oh, and yes, I still have family at home in the States - my sons, my siblings and my mother. Thanks.

Edited March 21, 2011 by Rob'sLuv

[Ryan H 3,812]

Just to answer your question, Ryan H, I only just recently got permanent status in Canada but I was here with legal temporary status for the entire time we were waiting on the resolution of our case. Will that make a difference? Oh, and yes, I still have family at home in the States - my sons, my siblings and my mother. Thanks.

Based on my understanding of DCF and your post here, I am now 99% sure you can DCF. People have done DCF before are more qualified to give you a definitive answer. You are doing the right thing by reading up more on the DCF process.

Best wishes going forward!