From CA to USA, now USA to CA. Help?

[andlulu]

Hello everyone,

I am new to the boards and have a lot of questions.
My husband is from Canada, Quebec to be specific. Four years ago he immigrated to the US. He came here on a K-1 and we went thru all of the the correct process up to applying for AOS. We applied for that back in '04.

Just as of this week we found out we are denied, reason unknown as yet. We dont know when we were denied as there are two different dates shown, one on paper, one in their system. We have also found errors on the I-765 denial letter,(which spiked all of the following) his A number to be specific. After many calls, and a meeting with InfoPass we are no further educated on the matter than we were the beginning of this week. It has been extremely aggravating and rather stressful.

Our path now is back to Canada, where I will immigrate to.

We are currently waiting to receive the phantom I-485 denial letter in the mail.

I GREATLY appreciate any help,advice, suggestions any of you may have.

My questions are:

1. Once we actually have the denial letter in our hand and confirm he was infact denied on the date they say to be true, (9/14/07) - how much time does he have to legally stay in the states?

2. He has been out of Canada for 4+ years - does he need to re-certify?

3. Do we need to "tie loose ends" with US immigration and make it known we do not wish to go any further?

4. Should I apply INside or OUTside of Canada?Should I apply thru spouse sponsorship?How do we get our US marriage certificate Canadian certified?

5. Can I start the application process to Canada while we are finishing up w/ the US?

Ok.. those are the important basics for now.

Again, thanks so much!!!!

[Willy]

Hello Lulu:

I cannot answer your questions about what you need to do in the USA, but I think I can help a bit with regards to your questions about coming up to Canada.

* He has been out of Canada for 4+ years - does he need to re-certify?

I assume you mean regarding his citizenship. There is nothing he needs to do as long as he's travelling home on his Canadian passport or has Canadian ID when he comes here. If you mean something else by "re-certify" please explain and I'll answer as best I can.

*Should I apply INside or OUTside of Canada?Should I apply thru spouse sponsorship?How do we get our US marriage certificate Canadian certified?

If you are applying by spousal sponsorship, then the answer is simple. There is one process for all spousal applicants with the only variable being where you reside at the time of your application. If you come to Canada with your husband and apply then it will be handled one way. If you do so from the US then it would be handled another way. Assuming you have to leave the USA soon (when your 'denial' comes through) I would assume you'd come here with him and then apply.

The INside/OUTside debate is more important if you are applying as a skilled worker.

*Can I start the application process to Canada while we are finishing up w/ the US?

To do this would be complicated. Because as I mentioned, how your spousal application is handled depends on where you are residing. If you change that, then you can complicate things.

I hope this provides some clarity. Feel free to get in touch if you wish to discuss it further.

Willy (Ka Shun) Cheng, CCIC #M074409
ChengCosgrove Immigration Services
220 Duncan Mill Rd.
Suite 605
Toronto, ON M3B 3J5
(416) 879-8236
willy@chengcosgrove.com
http://www.chengcosgrove.com