Canadian Citizen w/ American Spouse

[catheaven]

Hi I'm looking for some pointers!

I'm a Canadian Citizen and I have been living in the US for about 9 months. I entered the States with  Fiancee Visa, married my American Fiance and have gained my conditional residency here.

I have recently gotten a lucrative job offer back home. I would really like to take the job, but am unsure as to how to get my husband there. If I want the job, I can't wait the 11 months it will take for Family Class Sponsorship from Outside of Canada to be processed. Is there another visa option that could work in less time? Or, should we move to Canada and apply for Sponsorship when we get there? How likely is it that we'd be denied access at the border with the latter option?

Thank you ^_^

[pinklady]

As your husband is american, he will likely be allowed to enter canada with you, so long as you can prove you can support him. He will be allowed to stay for up to 6 months at a time. If you wish to extend your stay you should submit a request for an extension of status at least 30 days before the expiration of your first stay. This can be done online and is $75.

Although the website states 11 months, most applications go through in less than 6. There is a link to a spreadsheet showing buffalo timelines somewhere. Also, outland/inland reflect the visa office processing the application, not the physical place of the applicant. To apply outland, you/your husband can be in or outside of canada. However to apply inland, he must be residing in Canada.

Many people choose outland, while staying in canada with their spouses. (me included, but I applied through London office) For nationals of visa exempt countried, outland is advised.

If you apply inland, he will not be able to leave canada until processing is complete (20+ months).

You can start this process anytime. If you move during the process, update your address online.

https://spreadsheets.google.com/ccc?authkey=CLSRv0c&pli=1&hl=en&key=tSwhpbL3i0FEVj1Fw4efAcg&hl=en&authkey

[AmericaninQuebec]

Unless your husband can find an employer with a job opening who is willing to go through the steps to get him a work visa, then odds are no there is no faster option.

Your husband can come stay with you while he awaits the processing of his PR application, but make sure you don't tell them at the border that he's moving to Canada with you. He only has the right to visit you until his PR comes through (that means no working, no studying, etc.).

When he crosses the border he'll have to be very clear that he's coming to stay and not permanently moving yet. If you move personal possessions across the border with you, try to limit it to what appears to only be your items. He should be prepared to show proof of ties to the U.S. (job, apartment, bank account w/funds, etc.) if he crosses with you while you're moving your items. Generally it's not a problem crossing the border to visit with your spouse (I've done it many times) while awaiting PR, but I would be hesitant to do it if you have a big UHaul truck with you. Once the PR application is in process it is much easier to visit for extended periods with your spouse.

A side note: I don't think Canada can deny you access as a Canadian citizen, only your spouse. So be prepared in case that rare situation were to happen.

[catheaven]

Thank you both. I'm feeling less stressed about the situation now. 

[AtHomeInMontreal]

If you wish to extend your stay you should submit a request for an extension of status at least 30 days before the expiration of your first stay. This can be done online and is $75.

Excellent replies by Pinklady and AmericaninQuebec.

I applied outland - and, as you can see from my data, it took ~9 - 10 months to process.

One thing - if your husband is not issued a Visitor record; i.e., he enters Canada without a stamp in his pasport and thus has a 6-month visit period "by default", the above is 100% accurate.

However, if he is issued a Visitor's Record (VR) by an immigration officer when he crosses (a possibility - and a good thing in my opinion) then he may be able to extend his Visitor's Record by visiting the Canadian side of the border (without crossing to the U.S.) for free.  He should do so about a week before his VR expires - ask the immigration officer when/if he is issued a VR to be sure - they can renew it in about 15 - 30 minutes.  Be aware that they will want to see progress toward your PR, or they may not extend the VR.  

Personally, I was assured by the Immigration Officer that first assisted me that they would extend the VR without an issue, so long as progress toward PR was evident.  I extended mine twice during my PR application period for 6 months without any problem whatsoever and was thus able to visit my wife whenever I wanted without problems at the border.  Be sure your husband carries copies of all of the documentation pertaining to your case with him whenever he crosses the border, and when he requests an extension of his VR at the Canadian side of the border.

Personally, I found that the Immigration officers I interacted with were extremely understanding and helpful.  It was really a good experience.

Be sure he knows how to get to the Canadian side of the border without crossing into the U.S. - I know how to do this for the I-89 (Vermont / Highgate) crossing - others might be able to help if he comes across the border at another location.

Feel free to PM me if you have further questions.

Take care,

[AtHomeInMontreal]

...very clear that he's coming to stay and not permanently moving yet.

I think that AmericaninQuebec meant "he's coming to visit".