biggish data

Who is waiting for an interview date in MTL?

I'm on this list. All signs point to November, and I send in my packet three in August (see signature).

Spoom

Male

Canada

2009-09-24 01:48:00

Spoom

Male

Canada

2009-09-25 16:00:00

QUOTE (Arabella @ Sep 25 2009, 08:42 AM) <{POST_SNAPBACK}>

Not to be crude or anything, but I doubt they would accuse her of sodomy. I looked at your link and I don't see anything that pertains to a female relationship.

As I said, it's highly doubtful, but sodomy can be defined as including oral sex. This would, of course, invalidate a huge amount of straight couples as well, but there you have it.

Spoom

Male

Canada

2009-09-25 14:29:00

That said, you should know that an overzealous adjudicator may attempt to deny your visa due to sodomy and/or lewdness being a crime of moral turpitude. But that's highly doubtful.

Spoom

Male

Canada

2009-09-25 01:11:00

From a legal perspective, either:

You have a valid divorce decree, meaning you are single and free to marry, or
Your marriage was never valid in the first place due to the Defence of Marriage Act defining marriage in any federal (e.g. immigration) context as exclusively between one man and one woman, and therefore, as far as the United States is concerned, you were and are single and free to marry.

So I don't think you'll have a problem.

Now, don't get me started on the current discrimination that prohibits same sex couples from immigrating in any marriage-based family status to begin with...

Edited by Spoom, 25 September 2009 - 01:08 AM.

Spoom

Male

Canada

2009-09-25 01:05:00

Health Insurance - no OHIP

QUOTE (SonoranSongbird @ Oct 14 2009, 03:42 PM) <{POST_SNAPBACK}>

This is what my husband used for the few weeks between moving down, getting married, and adding him to my insurance:inbound immigrant insurance. He never had to actually use it, but they were very helpful in terms of getting him set up and answering whatever questions he had.

Damn, that's expensive. I got a quote of around $450 / mo. from that link. Hopefully I can find something cheaper locally.

Spoom

Male

Canada

2009-10-14 20:07:00

Dual Citizenship? allowed or not?

QUOTE (trailmix @ Oct 14 2009, 08:13 PM) <{POST_SNAPBACK}>

I'm bored, gimme a break.

Spoom

Male

Canada

2009-10-14 20:12:00

Dual Citizenship? allowed or not?

QUOTE

am i allowed american and canadian citizenship or not?

Absolutely, positively, yes, it is allowed.

If it gives you any idea how accepted it is, Alanis Morissette is a dual Canadian-American citizen.

Just make sure to present the correct passport at a port of entry: Canadian passport to Canada, United States passport to the US.

The US immigration laws don't formally recognize it, but in practice it's done all the time. Just as far as the US is concerned, you're a US Citizen, and nothing else. They won't take your Canadian passport or make you denounce it formally though.

So again, yes, dual Canadian-American citizenship is perfectly fine and commonly done.

Edited by Spoom, 14 October 2009 - 07:02 PM.

Spoom

Male

Canada

2009-10-14 19:01:00

Things you love/look forward to about America

QUOTE (trailmix @ Oct 6 2009, 04:30 PM) <{POST_SNAPBACK}>

Netflix.

Gamefly! (And with my USB hard drive connected to my Wii with a bunch of black magic, they are far more useful to me.

)

Spoom

Male

Canada

2009-10-06 15:36:00

work for Canadian clients while in the US

Interesting. I'd still like to see the relevant laws, but it's reassuring that they can't just instantly kickban me from the country for doing something like that.

Spoom

Male

Canada

2009-10-13 11:21:00

work for Canadian clients while in the US

Errr... really? Can you back that up with the relevant laws stating that work is defined as only working for a US-based employer and that telecommute work is exempted? Because I've never seen such a law (and it would be highly beneficial to me as I am basically in the same position as the OP, doing freelance web development, except that I'm playing it safe and not working while I'm in the US).

Spoom

Male

Canada

2009-10-13 11:10:00

work for Canadian clients while in the US

Almost certainly no. The law doesn't discriminate based on where your clients are located. If you're physically in the US, you can only work with authorization.

Whether or not USCIS would ever actually hear about it is left to your discretion.

Spoom

Male

Canada

2009-10-13 10:33:00

Getting a US driver's license

Anyone know about PA?

Also, we should totally make this a Wiki article. I can compile it if we get all the states.

QUOTE (Brandi n Michael @ Oct 16 2009, 02:02 PM) <{POST_SNAPBACK}>

But of course I can't do that yet as my interview is monday and it is the K3 as MTL is running 3 months later for us.....boo!

I'd just like to say that your timeline makes me want to cry.

Spoom

Male

Canada

2009-10-17 12:54:00

QUOTE (trailmix @ Oct 17 2009, 02:44 PM) <{POST_SNAPBACK}>

What would be considered 'unreasonable'? I looked but couldn't find any clarification on that.

It is a bit murky there. I'd contact one of the tenants' associations and ask them; likely the Landlord and Tenant Board has a lot of caselaw that would give a good idea of their definition of 'unreasonable' or 'arbitrary'.

Edit: Their FAQ page might also help. You could also contact the Landlord and Tenant Board directly at 1-888-332-3234.

Edited by Spoom, 17 October 2009 - 10:58 PM.

Spoom

Male

Canada

2009-10-17 22:56:00

The landlord can't arbitrarily prevent you from assigning, to wit:

QUOTE (Residential Tenancy Act Part VI Section 95.5)

(5) A landlord shall not arbitrarily or unreasonably refuse consent to an assignment of a rental unit to a potential assignee under clause ( 3 ) ( B ). 2006, c. 17, s.95 (5).

So they'd have to have a good reason, otherwise you could take them to the Board for violating that part of the RTA.

They can't just have a "no assignment" clause; without a reason, it would be void.

Whether or not there's a "no assignment" clause in your lease has no bearing on your landlord's responsibilities, since it likely would have no effect. If your landlord has a good reason, they can say no to the assignment (and the Board knows what constitutes a good reason, usually something like a failed credit check on your part as the new assignee). Otherwise, they have to say yes.

Edited by Spoom, 17 October 2009 - 12:09 PM.

Spoom

Male

Canada

2009-10-17 12:05:00

QUOTE (Rhiann @ Oct 16 2009, 10:45 PM) <{POST_SNAPBACK}>

And that's how they see it as.
As far as they know, she's still living here (part time at least) and that I stay with her time to time, like maybe one day at a time, once a week or something.
I'm sure she knows there's someone here pretty much all the time (since there's power being used at all times), but she doesn't seem to know I'm living here full time.

I wouldn't rely on the 60-day eviction notice limitation because all the landlord would have to do is claim that they only found out about it when you went to talk to them.

It is quite difficult to evict someone in Ontario (there usually has to be a hearing before the Board first), however, an eviction notice could, for example, ruin your credit, so I'd try to avoid it.

If you have any questions about the RTA, feel free to ask; while I'm not a lawyer I can generally understand laws pretty well.

Edited by Spoom, 16 October 2009 - 10:44 PM.

Spoom

Male

Canada

2009-10-16 22:42:00

By the way, I wouldn't mention to your landlord that you were there at all except as a visitor, since that would be a cause for eviction and termination of the lease.

As far as he / she knows, your boss has been the one staying there but wants to assign the lease to you now. (Another reason why you should see the landlord together.)

Edited by Spoom, 16 October 2009 - 09:36 PM.

Spoom

Male

Canada

2009-10-16 21:35:00

No problem, I hate to see people get screwed over like this. (And if your landlord says you signed any rights away from that act with the lease, they're wrong.)

Spoom

Male

Canada

2009-10-16 20:55:00

QUOTE (Rhiann @ Oct 16 2009, 08:07 PM) <{POST_SNAPBACK}>

She was told she can not assign the lease to me and that I HAVE to sign a new lease.

The landlord may be correct here. Under the RTA, they can refuse an assignment if they have good grounds.

QUOTE (Rhiann @ Oct 16 2009, 08:07 PM) <{POST_SNAPBACK}>

She was also told that once her lease is up she must sign a new one or she has to leave.

This, however, is an outright lie in the province of Ontario. Any lease that is not expressly renewed or terminated becomes a month-to-month lease automatically, and the landlord would have no way of evicting the current tenant.

QUOTE (Rhiann @ Oct 16 2009, 08:07 PM) <{POST_SNAPBACK}>

Are the people who own these apartments trying to take advantage of our lack of knowledge or are they allowed to make up their own "clauses"?
I would like to take over the lease without having to sign a new one, then live here by a monthly basis until I have gotten my visa.

Read the Residential Tenancy Act cover to cover, at least as it relates to tenancy (the Board organization stuff is not really necessary). Your landlord does seem to be making up laws that don't exist here.

QUOTE (Rhiann @ Oct 16 2009, 08:07 PM) <{POST_SNAPBACK}>

I've found the definition for "Lease Assignment":
"Transfer by the original tenant (the assignor) of his or her rights to a sub-tenant (the assignee) to use the leased property. However, the assignor remains liable under the original lease contract unless expressly released by the landlord."

Again, as far as Ontario is concerned, that is not the correct definition. The RTA says:

QUOTE (Residential Tenancy Act Part VI Section 95.8)

Consequences of assignment

( 8 ) If a tenant has assigned a rental unit to another person, the tenancy agreement continues to apply on the same terms and conditions and,

( a ) the assignee is liable to the landlord for any breach of the tenant?s obligations and may enforce against the landlord any of the landlord?s obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period after the assignment, whether or not the breach or obligation also related to a period before the assignment;

( b ) the former tenant is liable to the landlord for any breach of the tenant?s obligations and may enforce against the landlord any of the landlord?s obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period before the assignment;

( c ) if the former tenant has started a proceeding under this Act before the assignment and the benefits or obligations of the new tenant may be affected, the new tenant may join in or continue the proceeding.

2006, c. 17, s. 95 ( 8 ).

QUOTE (Rhiann @ Oct 16 2009, 08:07 PM) <{POST_SNAPBACK}>

I'm looking into finding someone in town that can assist me just in case, since I really do think the people who own this complex of apartments is really trying to screw us over.

Unfortunately it sounds like they are. See if there's a tenants' group in the city you're in, they may be able to help you. And I can't say this enough, read the RTA, you have more rights than you think. (Did you know that any "no pets" clauses in Ontario lease agreements are null and void on their face, for example?)

Disclaimer: I am not a lawyer, do not consider this legal advice.

Edited by Spoom, 16 October 2009 - 07:29 PM.

Spoom

Male

Canada

2009-10-16 19:27:00

Montreal taking so long

QUOTE (Varba @ Oct 14 2009, 09:10 PM) <{POST_SNAPBACK}>

Def not a myth. I've been invited several times.

It's soo bad on the cows tho. I've heard, of course never was there, that farmers will chase you off with shotguns if they catch you doing it.

Cow tipping actually is a myth. Apparently the cows will (shock!) resist you pushing them over by shifting their weight, and they won't die even if you do (though, y'know, pushing cows over like that is kinda mean). There's an image on that Wikipedia page of a cow laying on its side, perfectly fine.

(Yeah, I know this was from a couple days back, but meh, I'm bored. Anyone have any updates on Montreal? I checked today and no interview, no estimate.)

Spoom

Male

Canada

2009-10-16 16:41:00

Montreal taking so long

I'm going to get my fiancee's congressperson in the mix if I don't hear from them by the end of November. This is pretty ridiculous.

(Not that I think they can really do anything at the Consulate stage anyway, but at least there would be more people aware of the problem.)

Edited by Spoom, 13 October 2009 - 01:16 PM.

Spoom

Male

Canada

2009-10-13 13:15:00

First steps on the journey

I mean in the case of a Canadian citizen entering the United States. I suppose they wouldn't have a record of your exit, but if they don't issue you an I-94 with an expiration date, are you saying that means you can legally stay as long as you like within the six month limit, even if you've told them a specific return date at the point of entry?

Edited by Spoom, 18 October 2009 - 05:46 PM.

Spoom

Male

Canada

2009-10-18 17:45:00

First steps on the journey

QUOTE (Krikit @ Oct 18 2009, 04:22 PM) <{POST_SNAPBACK}>

They also want to be sure you are returning to your country and not trying to bypass the immigration process.

Sure.

QUOTE (Krikit @ Oct 18 2009, 04:22 PM) <{POST_SNAPBACK}>

Canada is not in the Visa Waiver Program. And I-94's are given to those within the VWP.

Yes, but for Canadian citizens, not often (as I pretty much said). And fine, technically Canada is not in the visa waiver program, but the US allows an even broader array of visa-free travel for Canadian citizens than countries in the program.

QUOTE (Krikit @ Oct 18 2009, 04:22 PM) <{POST_SNAPBACK}>

It won't make any difference whether she changes her mind on the return date or not. They are only interested in overstays.

Can you back this up? If, say, you tell USCBP that you intend to stay a weekend and then stay for six months, are you stating that this is OK? Remember that they don't usually issue I-94s on land crossings by Canadian citizens.

QUOTE (Spoom @ Oct 18 2009, 04:08 PM) <{POST_SNAPBACK}>

They want evidence that you have met within the last two years. It makes no difference where that meeting occurred.

Upon further research, you're correct. Not sure where I got that idea from.

Edited by Spoom, 18 October 2009 - 05:38 PM.

Spoom

Male

Canada

2009-10-18 17:37:00