canadian citizen wants to sponsor american spouse

[kissamuse]

I am a Canadian citizen living in the US under an F1 visa. My boyfriend (American Citizen) and I are planning on getting married and moving to Canada. My graduate program ends in May 2010 and we would like to move to Canada then.

Here are my questions:

1-Would it be faster for us to go ahead and marry here and apply for his PR from the States, or will it be better to wait until I am done with my degree and for both of us to move to Canada and apply from there? We want to spend the least amount of time away from each other.
2-How long will it take for him to be able to work in Canada? We also want to spend the least amount of time with him unemployed, obviously.
3-Since I am a student, I have no income. He has a full time job here in the States however. The immigration website said a spouse can be the cosigner on a sponsorship form, but could he cosign for himself?
4-I haven't lived in Canada in 10 years, but I fully intend to move back and start a new life in Canada with my future husband... But since I have no ties in Canada, will this count against me during the immigration process?

Thanks in advance for all your help!

[rjessome]

1. Yes - if you have been living together for at least 12 continuous months, you can apply as common-law and not have to speed up your wedding plans.
2. He can work as soon as he lands as a PR and gets a SIN.  For outland applications, you can get a SIN immediately after you "land" in Canada.
3. Spousal sponsorships are financially exempt.
4. If you apply while living in the US, you must show proof of your intention to settle in Canada.  This can be done by way of a job offer letter, apartment lease agreement, etc.

You may not have to be separated from him at all.  Good luck.

[kissamuse]

we haven't been living together due to financial reasons. but if we got married, then we could apply for a regular spouse visa. neither of us are into the whole big wedding idea, so speeding up wedding plans would just be signing the license sooner rather than later :)

So, assuming I sent in all the paperwork and stuff in next month, it would take (according to the immigration website) somewhere between 4-12 months for his PR to be processed, and as soon as that came through, he could move to Canada and get his SIN?

[mitamata]

Correct :)

Also, don't forget that as a US citizen he is allowed to visit Canada for 6 months. So if you move there before he has his PR, then he can come with you as long as you're clear he's "visiting" only until the PR comes through. He is allowed to be in Canada while his PR application is being processed in the US. If you want him working asap, you probably won't be doing that, but it's something to keep in mind.

[Suin]

just wonder, if Canadians can enter the US without 6 months permit to stay, why Americans need it?

[rjessome]

just wonder, if Canadians can enter the US without 6 months permit to stay, why Americans need it?

You are misunderstanding Suin.  Americans don't need a "permit" to come to Canada.  6 months is the default amount of time a person from a visa exempt country is allowed to visit Canada.

[nazirv]

Hi,
I am also planning a move to Canada with my family and my wife is an American.  I'm working with my employer to keep my same position, but be based in Toronto.  Would it be easier for all of us to move to Canada first then sponsor my wife or to do it prior to moving to Toronto?  Our kids are dual citizens and so am I.  How long does the process take?
Thanks

[rjessome]

For you, it probably wouldn't take too long.  You should start the process now.  Get your applications completed and sent to CIC-Mississauga using Buffalo as the embassy for processing.  As a Canadian citizen (which I'm assuming you are based on your children), you can apply to sponsor your spouse while you are living in another country as long as you plan to resettle in Canada after the PR for your wife is issued.  You can prove this by the job in Toronto, leasing an apartment, buying a house, etc.

Given that you have two kids and have probably been together for quite sometimes, your application would be pretty straightforward as far as the embassy in concerned.  The decision on eligibility to be a sponsor takes about 4 to 6 weeks and then the file is transferred to the embassy where yours would probably take the minimum amount of processing time, roughly 4 months so total time for you of approximately 5 to 6 months.  THESE ARE JUST GUESSES based on what I'm assuming about your relationship.

If you planned to move to Canada before a decision has been reached on your wife's file, bring a copy of the application with you to the border to show the CBSA agents when you arrive in Canada.  With you and your children being citizens, it's highly doubtful they would give you a hard time and would allow her entry as a visitor.  She cannot work while she is a visitor.

Here are the guides and application forms:

http://www.cic.gc.ca/english/information/applications/fc.asp#immigrate

Lots of reading so we will see you soon with your questions!