About to get married to my Canadian fiancee. What order to do things?

[PerrinAyabara]

Greetings!  I am a month away from marrying my long-time fiancee in Canada.  I am a US citizen who has been spending a great deal of time in Canada for the last 5 years.  My fiancee was previously married and has just finished her divorce allowing her to marry me and finally bring me into Canada to be with her on a more permanent basis.  The divorce will be finalized on the 24th of this month and we intend to get married in Canada early in December.  I am currently in the US and intend to enter Canada for the wedding in early December.

So, the questions:

1) How long after we get married should I wait to start the filing for Permanent Residence?  Can we get the ball rolling immediately or is there a judicious period to wait?  Do I need to leave Canada between the wedding and the application for permanent residence for any reason?

2) I wish to apply while IN Canada and stay there for the duration of the wait period.  How do I go about extending my visitor visa for that long?  Is that something I can apply for at the same time?  What happens if they wont allow me to stay that long (I've never stayed longer than 6 months in a row, or for that matter actually applied for a visitor visa since as a US citizen I am able to stay up to 6 months without one via land crossing)

3) The requisite medical exam:  I have been informed that I can have this done in Canada.  Is that correct or must it be done in my country of residence?  (The United States)

4) I wish to retain legal aid for this process if I can afford it to make sure I dont screw myself for life by messing up something vital, but I have not been able to find references to how much (approximate) it costs to hire this firm (or any quality firm that looks trustworthy)  Can anyone here give me a basic ballpark cost of what I would be looking at to have Campbell Cohen handle my immigration?

5)  I do not have a traditional passport book.  I have been using a US Passport card (this forum wont let me post a link, but googling it will show you what I mean)   Will I be able to apply for immigration using this or must I apply for a new passport of the book variety before I go back up to Canada?


Thank you all very much for your help, Im sure most of you understand just how nerve wracking this whole process can be.  Life changing events    

[rouvie]

hi,

sorry I can only answer your question no. 1 but still count I guess. You can actually apply right away once you got married, like gather all your documents needed in the application like proof to your relationship, your wedding photo ofcourse that's important..recently, I read on the website they prefer big capture of the couple and the reception of their wedding. They just want to see if there's something fraud like in the wedding photos. but ya,, back in your question my friend sent their app 2 moths after they got married, but I guess immigration gave them credit for some what years of dating before they got married just like your case. dated long time ago then got married and apply for permanent resident. Just make sure includes proof as much as you can. IF they don't give you even a visitor visa, you can even apply outland faster than inland. and if everything goes well in your application, you can even get your PR status less than a year like 6 mos or so..congrats in advance to your wedding 

[imp]

Hi, first congrats on your upcoming marriage!  I can't answer all of your questions but I can try to answer some of them then maybe someone else will chime in who knows more than I do.

1. As rouvie said, no need to wait any period of time.  In my case I started filling out forms before we were even married and it still took until three months after the wedding before we were ready to submit.

2. I'm not sure if you're saying you want to apply inland or if you're just saying you want to stay in Canada while you wait for PR.  It's recommended by most people that you apply outland rather than inland in cases where the processing time is shorter for outland, which is the case for Buffalo.  I don't know if you have family in the states or anyone that you might want to visit but if you apply inland it's much more risky going back than if you apply outland.  Applying outland doesn't exclude you from staying in Canada as a visitor while waiting on PR since you're from a visa exempt country.  Last time I crossed the border (I've been staying with my husband in Canada since May of this year) my application was finally in their system and I was given a 1 year visitor record.  Before that they gave me shorter visitor records and I used them as an excuse for having to go visit my family but they could also have been used to apply for an extension. I've heard of other people being given the 1 year visitor record upon explaining the situation or just being waved through so it's hard to say what you'll experience but usually if you just tell the truth and explain the situation they'll work with you.  Just make sure you understand you can't actually move to Canada before your PR you're only able to visit.

3. You can have it done in Canada.  The only requirement is that you use a designated medical practitioner which can be found on this page http://www.cic.gc.ca/dmp-md/medical.aspx

4.  Sorry can't help you here.

5. You will have to apply for a passport book as far as I understand.  They ask for copies of it and I believe they need to stamp it at the end of the process with your visa so you can move here.

Good luck

[pinklady]

1.You can file right away. Although it does take a little while to gather all the paperwork together, so start planning now.

2.You can apply outland through Buffalo, even while staying in Canada. Many people do this. It means if you do need to leave Canada for whatever reason you can do so, and also you will have the right to appeal a negative decision. You will likely be granted 6 months as a visitor, then 1 month before that expires, apply to extend your stay as a visitor. You can do it by mail or online and it costs $75. There is a good chance you'd be issued the visa before you even got heard about your visitor extension. Once you have applied to extend your stay you will be on implied status (legal).
http://www.cic.gc.ca/english/information/applications/visitor.asp

3.You can do the medical exam in Canada. It just has to be with a DMP.
http://www.cic.gc.ca/english/information/medical/index.asp

4.If you can do it without a lawyer do so. If you read all the guides and complete the forms carefully you'll be fine. Ask people on this forum if there are things you're not sure of.

5.The last question I don't know about. Sorry!

[mcmasters]

I can answer some of your questions but not all...

1. Apply immmmeeeeediately after your wedding - get it over with! Send your sponsorship application WITH your PR application. In fact, start some of the work now. You will need:

FBI background check (6 to 13 weeks)
Medical Exam
Marriage certificate (6 to 12 weeks)
Fees Paid
Photos (of various sizes)

Along with all the other parts of your application. These are the things that take the most time to get.

The first two are also time-sensitive to when you submit your application, so keep that in mind when you're requesting them/getting the exam done. I would request the FBI background check NOW. And get your medical exam done and out of the way. Unfortunately you'll have to wait to get your marriage certificate until after the wedding, but having everything else done and ready to go when that arrives will speed you along.

NOTE: I made the mistake of not getting my medical exam done until requested, which may have delayed my application. I thought as part of the Family Class I was supposed to wait to get it done until a request came, but other forum members have said the rules are different for spouses, and that the exam can be submitted with the rest of the application.

I also made the mistake of not paying the Right For Permanent Resident Fee up front. We were also waiting for a request on this. This may have also delayed our application. You can pay it along with your sponsorship and application fees. This is highly recommended! You will NOT receive a Passport Request until you pay this fee. If your application is rejected (which it won't be! Don't worry) you'll be refunded for the RPRF, so no harm in paying it ASAP.

If you're curious about time lines, my husband and I got legally married on Oct 1, 2010, and didn't have our application together and ready to mail until March 1, 2011, because of waiting for documents to come back, so START EARLY.

We are still In Process. It's now been over 7 months since our application was received (March 31st). Sigh.

There's even more info about how to do an extended visit while you wait on your PR on the "Thread for outland Buffalo applicants." Or if you're not being processed through Buffalo, I'm sure you can find a main thread related to your VO.

Good luck to you, and congratulations!

-Maddy

[PerrinAyabara]

First off, thank you all VERY much for your information and stories!  I'm very happy that I decided to come here and ask questions and you all seem to be a very positive and helpful bunch

Looks like top priority right now is getting the FBI/police certificate since the CIC website says it can take over 16 weeks to process (WOW!)  and getting a normal passport book since I guess my passport card isn't the proper document (I havent been able to find ANY info regarding this though so I suppose better safe than sorry)

Many posters have suggested that I apply outland from Buffalo.  I have read about the benefits of this, but worry that it will restrict my ability to stay in Canada.  Is that not the case?  Is it possible to apply as outland but remain IN Canada for the entire time (or most of it) that it takes the application to process?  If I can stay inland while applying via outland, why is inland an option at all?  makes little sense to me so I assume Im missing something.  I was afraid that applying outland would forcibly separate me and my new wife until he application is approved which would be horrible..

Does applying in Buffalo mean I need to physically go to Buffalo?  Or is that just where we mail the paperwork when it's all together and completed?


I am very confused regarding this visitor visa business.  I have been spending months in Canada at a time for years and have never had a visa.  When I go up in December should I apply for a visa instead of doing my normal border crossing without one, assuming I intend to stay there as my application is reviewed?  If I cross the border normally without a visa, I have been told that I am under an implied 6 month visa/visitor record.  Is this accurate?  If I am passed right through do I then apply for the extension or will I need to apply for an initial visa?  Maybe to save confusion I should request to talk to a border agent about obtaining an official visitor record when I am talking to the agent at the toll booth while entering?

Thank you all again for your information.  It's really been quite helpful already and Im already feeling less intimidated about the whole situation.  You guys and gals are great! 

[pinklady]

First off. There are reasons why people choose inland... I am just not sure of them. Certainly for visa exempt people it usually makes more sense to choose outland. I did an outland app through the London office, and remained in Canada the entire time, its perfectly legal and normal. You wouldnt have to physically go to Buffalo unless an interview was required, but with a Canadian/US couple, this doesnt happen to often from what i've seen.
You will mail the entire application, sponsorship and PR app to Mississauga. There they assess the eligibility to be a sponsor (this currently takes around 70 days) then they will forward to app to Buffalo.
The visitor visa isnt an actual visa. You are visa exempt. When you enter Canada, you automatically have 6 months (unless stated otherwise). When this 6 months is nearing an end you can apply online or in writing to 'extend your stay as a visitor'.
There is a Buffalo outland thread on this forum and they might be able to offer more advice.
Good luck!!

[AmericaninQuebec]

Just to echo what everyone has been saying, if you want to have a faster processing time (everything is relative though, because faster does not equal fast) you should do an out-land application. The big difference, other than processing times, is that if you apply in-land and decide to go on vacation outside of the country and are refused entry for any reason at the border on the way back your application is canceled and you must reapply (i.e. everything starts over again). If you apply out-land you can come and go as you like with no worry about a rare refusal at the border causing your application to be restarted (I've never actually heard of someone being refused, but that's what was explained to me as the major difference for the two applications).

Personally, I moved up to Canada before my marriage and applied asap afterward (still took 3 mths to get all my paperwork in order). When I first entered the country I explained the situation and was given a paper called a Vistor Record (it is NOT a visa). It is simply a way for the Immigration to keep better track of you, and to officially remind you that you're not allowed to work/go to school/etc. while you are a visitor in Canada. It also tells you the length of your permitted stay. I have never received a 1 yr vistor record, even though I have now been in Canada for almost 1.5 yrs (8 mths into my wait for my PR). The longest I have received in 6 mths. It may be because I always go to the border to get it renewed (I live 30 min away), but I have the added benefit of not having to pay for it. I just cross the border, make a U turn, go back to Canada and get a new vistor record issued for free.

For your PR app, make sure you apply now for your FBI record. It really does take the full 17 or 18 weeks to get it. I recommend having it mailed to someone you trust in the U.S., who will then fedex it to you. They supposedly sent a copy to my address in Canada, but it never made it so I had to call back and get a second copy sent to my parents' house. It got there 3 days later. For your medical exam, try and see a doctor in Canada (from the list!). There's some debate on this, but supposedly if your app takes longer than a year from the date of your medical exam the Consulate is more likely to waive the need for a new medical exam if it was originally done in Canada.

Can't help you with legal fees, etc., because we did it ourselves. I really do recommend using the Immigration Canada hotline as a starting point with questions. I know a lot of people don't like it, but I really have never had a bad experience with them. Just don't forget to hit "0" to talk to a live person, and if the system hangs up on you (which it will if they're too busy) just call back a few minutes later and you should be able to get through. The frustrating part is mostly that they can't really give you any pertinent info once you do apply, but they helped me a bunch while I was doing my application.

Good luck and congrats on the marriage!