American citizen marrying a Canadian and moving to Canada

[Oregon]

Hi everyone,

I've been searching all over the internet for information but unfortunately have had little success.  I was hoping that somebody could answer my questions or point me to a thread/website that could.

I am a 30-year-old American male wanting to marry a 25-year-old Canadian woman who resides in BC.  We plan to marry in Vancouver and then reside on the Sunshine Coast.
I understand that the application to sponsor a spouse can take 4-6 months during which time I would be unable to work if residing in BC.  Being unable to work would present  a financial hardship that we wish to avoid since I have student loans.
We have thought about signing the papers in BC and then having me return home and continue working until our wedding (February or March) but have heard that this isn't allowed.  Do I have to be residing in Canada from the time of application until the receipt of residency?  If I do return to Oregon to work will I be allowed to visit Canada before my application is approved?
I have heard that entry into Canada and application approval can be significantly complicated if not done correctly.  I don't want to sit around for months on end not working while my new wife works her butt off to pay our bills.
Another option is for her to live with me in Oregon for 4-6 months while we wait for our application to go through.  I make significantly more than her and this would ease our financial situation.  What are the complications of applying for my residency if we are both out of the country?
Your responses are appreciated.

[mmshock]

Hey Oregon,

Welcome. You've found the right place!

First off, try not to "understand" how long the application can take. You will find nobody understands. I got through in exactly 6 months, but some people have gotten by in less and some much, much more for no apparent reason. Just prepare for a significant chunk of time.

I'm not sure what you mean about signing papers and it not being allowed? Are you married already? If not, do you have a LOT of common law proof? You can't apply in Canada as an engaged couple like you can in the US. My husband and I got married with just the two of us and my parents when we found this out so we could proceed with our app as quickly as possible. We then still had our big wedding several months later as planned.

You should also read the top post about family class sponsorship. It really gives a great foundation for what you need to do. It can take quite some time to prepare - you will need to have some medical tests, get an FBI clearance (or clearances from any other country in which you resided for at least 6 months) and a few other things, not to mention an enormous stack of paperwork.

My husband and I lived out of Canada while our application processed. Will she keep her BC address and residency? If not, she will have to prove that you will move back to Canada when your application was finished. An apartment lease, job offer, school acceptance letter or letters from family can work. Its not difficult and has been done by may.

I also visited Canada several times during my application and we eventually moved here for the last month of it. We can all help you with the best way to do that.

I hope this information helps - its a start at least. Everyone here is helpful and has been there, it can be a interesting process to say the least but you are not alone.

[CharlieD10]

It is entirely possible for her to sponsor you "Outland" while you visit with her in Canada.  Whoever told you it isn't allowed for you to return home after completing the application is confusing "Inland" and "Outland" sponsorships (not unheard of!).  An Inland applicant is not supposed to leave Canada, and such an application is processed at the Case Processing Centre in Alberta.  You don't want to go this route, because 1) it would take longer than Outland would for you; 2) you have no right of appeal if the application is denied and; 3) as you said, it wouldn't suit your circumstances to have only your spouse employed during the processing period.

Read Leon's first post in the thread at the top.  What you need is an Outland sponsorship through the consulate in Buffalo.  After the application is submitted, you can go to visit your spouse, just ensure you have plenty of proof with you when going through the border that your stay is intended to be temporary, and you have a PR application in process.

Your spouse could come visit with you during the process as well, but she should retain her ties to Canada, that way she's not required to prove she has intentions to re-settle when you are approved for PR.

[mexicanito]

It is entirely possible for her to sponsor you "Outland" while you visit with her in Canada.  Whoever told you it isn't allowed for you to return home after completing the application is confusing "Inland" and "Outland" sponsorships (not unheard of!).  An Inland applicant is not supposed to leave Canada, and such an application is processed at the Case Processing Centre in Alberta.  You don't want to go this route, because 1) it would take longer than Outland would for you; 2) you have no right of appeal if the application is denied and; 3) as you said, it wouldn't suit your circumstances to have only your spouse employed during the processing period.

Read Leon's first post in the thread at the top.  What you need is an Outland sponsorship through the consulate in Buffalo.  After the application is submitted, you can go to visit your spouse, just ensure you have plenty of proof with you when going through the border that your stay is intended to be temporary, and you have a PR application in process.

Your spouse could come visit with you during the process as well, but she should retain her ties to Canada, that way she's not required to prove she has intentions to re-settle when you are approved for PR.

  As an american citizen l advice you not to use inland... when l decided to come over and apply inland the processing time for AIP was 6-7 months, you are granted a work permit after AIP is given...  well, it took them 11 months to give me AIP and I was naive enough to not send the work permit application all together with the main application, now I need to wait another 2 months before I can get a job... If you do it Outland, you can live in the states and visit your partner often.. I guess the whole Outland process is like 6 months...  a much better option for Americans...

[Aperture]

Hi everyone,

I've been searching all over the internet for information but unfortunately have had little success.  I was hoping that somebody could answer my questions or point me to a thread/website that could.

I am a 30-year-old American male wanting to marry a 25-year-old Canadian woman who resides in BC.  We plan to marry in Vancouver and then reside on the Sunshine Coast.
I understand that the application to sponsor a spouse can take 4-6 months during which time I would be unable to work if residing in BC.  Being unable to work would present  a financial hardship that we wish to avoid since I have student loans.
We have thought about signing the papers in BC and then having me return home and continue working until our wedding (February or March) but have heard that this isn't allowed.  Do I have to be residing in Canada from the time of application until the receipt of residency?  If I do return to Oregon to work will I be allowed to visit Canada before my application is approved?
I have heard that entry into Canada and application approval can be significantly complicated if not done correctly.  I don't want to sit around for months on end not working while my new wife works her butt off to pay our bills.
Another option is for her to live with me in Oregon for 4-6 months while we wait for our application to go through.  I make significantly more than her and this would ease our financial situation.  What are the complications of applying for my residency if we are both out of the country?
Your responses are appreciated.

In your situation, it makes a lot of sense to apply "outland"--that is, to submit your application to the Buffalo office.  This would allow you to enter Canada as a visitor (either for several short stays or a long stay, though you will need to reassure the border control officers that you have a PR application in process and have no intention of overstaying).

Your partner would also be allowed to enter the States as a visitor during this time (just as with any other time!).  If she decides to live with you in the States while you wait for the application to be processed, she will have to prove (on the application) that she has a genuine intention to return to Canada with you (e.g., offer of employment or perhaps a letter stating that her current employer has her on long-term leave until she returns with you, evidence that you plan to set up a home there together, etc.).

There is no such thing as a fiance[e] visa for Canada.  As such, your three options are as follows:

• Apply now as a common-law partner (providing you have been cohabiting with your partner for at least 12 months and have good proof of the genuine nature of your relationship)
• Get legally married now and apply now as a married partner, and have your wedding later as planned (not an uncommon choice!)
• Wait to get married at the wedding in February/March and apply then as a married partner

I hope this is helpful.  Good luck with your application!

[Oregon]

Thanks you for the wonderful, detailed responses.  We are considering signing the marriage papers and applying for the outland application ASAP and then having our wedding early next year.  From what I have read it is easier for us to get married in the states since we can both sign the license and have the ceremony at the courthouse in Portland.  However, we would go to a notary and conduct a civil ceremony in Vancouver if this would make my application process easier.  Is there any benefit to getting our marriage license in Canada instead of the US?

[Aperture]

Thanks you for the wonderful, detailed responses.  We are considering signing the marriage papers and applying for the outland application ASAP and then having our wedding early next year.  From what I have read it is easier for us to get married in the states since we can both sign the license and have the ceremony at the courthouse in Portland.  However, we would go to a notary and conduct a civil ceremony in Vancouver if this would make my application process easier.  Is there any benefit to getting our marriage license in Canada instead of the US?

I don't think so.  Marriages in Canada and the United States are both recognised by the other country without much fuss.  I'd just find out how long it takes to get the marriage certificate from each (as I recall in my own research, it takes 12 weeks in Ontario!) and go with the fastest one, assuming you have no preference.

[Charlamag]

I don't think it's much different in either country.
I married my American spouse without any problems in the USA, simply because that's where we were living. Walked in to the government office in Nevada, showed the ID they wanted, got our license in 10 minutes, walked over to a wedding chapel and got married right then. It was wonderful! Just what we wanted. A civil marriage is just a matter of the government process. We waited for the permanent paperwork to  come in the mail which took about 2 weeks.
I went through the Immigration process in the USA - inland - and it took me 9 months. I was advised not to leave the country during that time unless I filed and paid for a travel document. I was also unable to work - I did file and pay for the documents that would allow me to do so, however, by the time they arrived in the mail, my interview date was set so I never used them and it was money wasted.
We moved to Canada and I sponsored my husband here - inland. It has taken just over 11 months and during that time, he also was advised not to leave the country. We did not file for an application for work based on our experience before.
Outland definitely appears to be faster - my biggest concern at this point in time, would be the reduction or rumors of reducing the number of family sponsored cases into Canada. Good luck to you in your journey!