Unclear on FBI vs. State clearance

FWChelle

Registered Users (C)
Hi all,

We're working on our 2nd application, Family Class (Spousal). Our first application under Conjugal Partner class was refused. We've since married, and we're starting from scratch. I am a native Canadian. My husband is American. Both applications are from outside Canada.

We used an immigration consultant agency, and our confidence in them is on a steady decline. We were told (in addition to there would be no problem with our Conjugal application :rolleyes: ) that for overseas applications, he would only have to provide FBI clearance and that individual State clearance was only applicable to inland applications.

For our first application, we sent in only FBI and never received a request from CIC for state certificates. Would it even have gotten to the decision-making stage if they were required?

Anyway, my husband has lived in 3 different states since he was 18, and if this IS required, we need to get sending out for this stuff now rather than wait for CIC to request them and end up delaying our application by months.

I know our agency is going to tell us what they told us the first time, that it's not required, but in the CIC Guide Appendix B - Police Certificates/Clearances, under Country Specific Instructions - it clearly states (for USA):

"If you have lived in the United States, you must provide a state certificate in addition to a national FBI certificate"

First of all, of course he's lived in the states, he's American and he's applying from there.

Second of all - which state? He's been in California for 20 years. Does he need to go back and get police certificates from IL and WA, too?

CIC has a way of taking the simplest things and wording it so that it makes absolutely no sense.

Can anyone shed some light for us?
 
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