Canadian Immigration dilema

[Delicia 1]

I withdrew my application for Canada in-land spousal in Sept 2007 after filing in Feb 2006 and having the file transferred to a local office in Nov 2006. Now, I have a request to complete a form IMM 5021 and am waffling if I even want to bother getting it completed. My major hang up is that my son, (USC) is still in Canada with my husband and we originally were planning on letting him complete his school year prior to moving him back in with me. It is actually working out ok, kid is doing well in school and hubby enjoys having him around.

Please see my blog for the details (link in signature) and post any ideas about this here, on this forum, or using the comment icon at the bottom of the blog post (no account sign in required).

Thanks for your assistance.

Edited November 28, 2007 by Delicia

[trailmix 77]

Well I read the new entry. I'm a bit confused about the refund issue. You mention that they won't refund outside Canada, however the money being refunded is to your Husband in Canada, so I don't understand the issue there.

Anyhoo, since you want your Son to finish the school year, I suppose you could just drag your feet. The only problem being, which I'm sure you already know, this particular branch of immigration might be extremely efficient and therefore might cause a problem for you (if visiting up here) or your Son.

I suppose you could drag your feet and see if they follow up anytime soon? When are you planning on visiting them again?

Edited November 28, 2007 by trailmix

[Delicia 1]

The problem with giving them my address is they only record one address per account (for lack of a better term). So it would default to the lastest address change (mine) and then voila, no refund.

I don't have any immediate plans to visit but if this U.S. process takes as long as I estimated earlier tonight, there might be several visits in the near future.

I am so depressed about everything.

[trailmix 77]

The problem with giving them my address is they only record one address per account (for lack of a better term). So it would default to the lastest address change (mine) and then voila, no refund.

I don't have any immediate plans to visit but if this U.S. process takes as long as I estimated earlier tonight, there might be several visits in the near future.

I am so depressed about everything.

Yeah, I can understand that, you are kind of stuck.

If you call and tell them you have already left, you don't have to change your address, you can just tell them you prefer to have all correspondence sent to your Husband.

Then again, if you call them and tell them you have left, they will ask about your Son.

I'm just throwing this idea out there - have you considered not cancelling your Canadian application (if it's possible to un-cancel it now)? There was something mentioned by the MP that the security check should be completed in late 07? If your IR1 application does drag on a bit, it might be an option to move back up here for 6 months or so during the final processing maybe?

[Delicia 1]

No, the application has been canceled per the letter in the previous post in the blog. And, besides, my application was not waiting on the security check, that was completed already as was the criminal check and the medical and everything else. CIC had issues with the age gap between myself and my husband and was looking at the 'marriage of convenience' as an issue. I am pretty sure we were waiting (for almost a year) just to get an appointment for an interview, but who knows...

[trailmix 77]

No, the application has been canceled per the letter in the previous post in the blog. And, besides, my application was not waiting on the security check, that was completed already as was the criminal check and the medical and everything else. CIC had issues with the age gap between myself and my husband and was looking at the 'marriage of convenience' as an issue. I am pretty sure we were waiting (for almost a year) just to get an appointment for an interview, but who knows...

Yeah, the MP's letter actually said: The local office put the file in queue for review, which is estimated to occur in the final months of 2007. So 'review' said security check to me, for no particular reason.

I did read the whole blog originally including the elementary grade notes from CIC re age, culture etc.. I STILL don't get that part!

Well the 'un-cancelling' was my only brilliant idea I'm afraid, there doesn't seem to be much wiggle room in this situation.

Hopefully someone else will happen along with a good idea or two.

Edited November 28, 2007 by trailmix

[Delicia 1]

I did read the whole blog originally including the elementary grade notes from CIC re age, culture etc.. I STILL don't get that part!

That will remain a huge mystery until the day I die, I am sure. Perhaps a brand new employee who knew where the coffee and the bathrooms were, but that was it? Still makes me mad to this day.... must... let.... go... bad... karma... must... let .... go...

Edited November 28, 2007 by Delicia

[trailmix 77]

I did read the whole blog originally including the elementary grade notes from CIC re age, culture etc.. I STILL don't get that part!

That will remain a huge mystery until the day I die, I am sure. Perhaps a brand new employee who knew where the coffee and the bathrooms were, but that was it? Still makes me mad to this day.... must... let.... go... bad... karma... must... let .... go...

Yes, maybe it is a good idea to let it go, since you have this new immigration adventure to focus on (personally I wouldn't be able to, I would be writing letters for years - but hey that's me and would it even accomplish anything?).

Government departments are so weird sometimes. << is there a prize for the biggest understatement of the morning?

Well at least you know, if it all gets to be too much, you can always start the Canadian immigration process again to give you status in the country while you wait. I know, the idea seems abhorrent at this moment, but if you NEED to - at least you and your Husband can think of it as an option.

Perhaps the process would be easier now, since you guys have been married longer (I say that because that seems to be what they were looking at, as asinine as it is to me).

[Delicia 1]

I have made a command decision!

I am completely pissed off at these CIC immigration pricks who say that I must get this form filled out and blah blah blah when I really have no further obligation to the Canadian government in any form. I am going to call them, tell them that both my and my son left on whatever day it was that I crossed back into the U.S. (was sometime in late Sept, but I will look it up on the calendar and give them the exact date) and tell them I will not travel back to Canada to have one of their "officers" fill out my form for their benefit. I will inform them that my husband still resides in Canada and will continue to do so until the U.S. immigration is complete (in the year 3216 haha just joking) and the refund check should still be mailed to his address. I really only have to stall them until June when school gets out and if anything, if things get ugly or seem to be heading down that path with CIC, the kid can come to the U.S. whenever. It's just a matter of getting a plane ticket.

I don't owe them a damn thing and they owe me $975.00, simple as that.

[Carlawarla 1]

I have made a command decision!

I am completely pissed off at these CIC immigration pricks who say that I must get this form filled out and blah blah blah when I really have no further obligation to the Canadian government in any form. I am going to call them, tell them that both my and my son left on whatever day it was that I crossed back into the U.S. (was sometime in late Sept, but I will look it up on the calendar and give them the exact date) and tell them I will not travel back to Canada to have one of their "officers" fill out my form for their benefit. I will inform them that my husband still resides in Canada and will continue to do so until the U.S. immigration is complete (in the year 3216 haha just joking) and the refund check should still be mailed to his address. I really only have to stall them until June when school gets out and if anything, if things get ugly or seem to be heading down that path with CIC, the kid can come to the U.S. whenever. It's just a matter of getting a plane ticket.

I don't owe them a damn thing and they owe me $975.00, simple as that.

You tell 'em!

Carla

[Delicia 1]

Ok, seems when I am locked and loaded and looking for a fight, I get someone helpful and/or sympathetic to my cause.

I called CIC today and explained that I had left Canada and moved to the U.S. in late Sept 2007, long before they generated this form they want to me to have CIC IO fill out for my departure. The CIC agent on the phone says that since I merely had 'visitor' status from a non-visa country in Canada and not a formal temporary visa, I show up in their system as having no status. I informed her that I refused to update their system with my new U.S. address as that would prevent a refund of my Right of Landing fee. She acknowledged the problem and advised that I should just write back to the CIC office that generated the request to me and explain that I had left via land, give the exit location and date and call it over. She said I did not have to provide them with proof of departure or my current address in the letter, so I think I am good.

Thanks for the help.

[Flames9_RN 358]

Did you by chance get her name or position title? Include that in ur letter!! Hope it works out for ya

[Delicia 1]

Well, good things come in pairs and bad things in 3's, is that how it works?

A partial solution to the problem arrived in my husband's mailbox today. CIC issued a check for the Right of Landing fees, so when I write my letter to CIC, I can give them my current address (as if they care), but we are $1K closer to our goal of a 20% down payment on a house.