Marriage, photos and visa extensions

[aghapuca]

Greetings,

I am a Canadian citizen whose beloved has had the misfortune of having been born in a different country, namely the USA. We plan on getting married in Canada soon and then apply for me to sponsor her and then for her PR. She is currently with me in Canada as temporary visitor (she is allowed to remain in Canada for 6 months). We met over 1 and a half years ago and she had spent a few months in Canada during the previous year.

I have a few questions concerning this possible course of action:

1. I have read that many people have had to send wedding pictures to help prove the sincerity of their relationship. Personally, I see nothing besides legal benefits in marriage, so this is, quite bluntly, my main motivation for doing so. The fact that I wish to live my life with her and start a family with her is not dependent on my marital status and so we are opting for a vastly simple and secular celebration of the act. My only concern is that CIC may question our sincerity on that basis alone. (Combined with the timing of the subsequent immigration applications)

2. Because my fiancée is currently in Canada as a visitor and is therefore limited to 180 days within a period of 365 days, is remaining in Canada as simple as applying for an extension? How far in advance should one apply for such an extension? How difficult can it be to obtain such an extension?

3. Seeing as my fiancée is already in Canada, would our only option be to apply inland? I have read that the process is significantly longer when done inland. At the same time, we have decided that we do not wish to be be apart from each other for a year. What other options are available?

Thank-you!

[CharlieD10]

1. No, you have less to worry about CIC questioning your motivation merely because you opted for a civil marriage.  You are both westerners, and marriage ceremonies or the lack thereof are considered in the overall cultural context.  As such, two westerners from countries with similar standards of living have less to worry about the intentions of the non-Canadian being questioned on the basis of the type of marriage ceremony they choose to go through, or not.

2. Yes, provide adequate proof of your intentions to do things properly, such as a copy of your receipt for the PR fees, proof of your ability to support herself or her ability to support herself, and her ties to the US, and it should be fine.  You should apply a minimum of 30 days prior to the expiration of her current status.

3. No, you do NOT have to apply Inland merely because she is in Canada.  In fact, for someone from a visa-exempt country there are few (if any) advantages to applying Inland.  You are always free to apply Outland so that her application is processed in Buffalo, in which case she could be finished and "landed" before the current 10-11 months required for first stage approval for an Inland application.  It would also mean that she is free to come and go between both countries without worrying about the application being jeopardized.

[aghapuca]

Are the assessment of the sponsor and the assessment of the sponsored carried out simultaneously or in sequence?

If done inland, it takes 11-12 months to assess the sponsor and 8 months to assess the sponsored.
If done outland, the processing time for the sponsor is 60some days and the processing time for the person being sponsored from the US is 11 months.

What exactly do you mean by "finished and landed"? What status would she have after the first stage (assessment of sponsor)? Would she have to leave Canada and then re-enter?

[sylvia2011]

Oh this is great post, I am so glad I found it. Charlie , would you mind helping me here with advise as well. I am in similar situation, I am Canadian, my husband is American, married July 2009 then I got the green card. We arrived Sept, 2011 in TO and planning on stauing here. I am preparing the forms now and I though I have to do inland application until I got to this forum and I now I deviced to do outland . I got the state criminal checks for him, I am waiting anymoment not to get the FBI checks. I have few questions though.
1. When I get all my papers together do I mail them to Buffalo or to Mississauga?
2. Do I send before the 6th month for extension of visitor status so he doesn't breake the law for status in the country?
2. We stupidly did the medical already in Toronto and the doctor's office said they will send them directly to Ottawa, I didn;t expect this. So now what do we do? Do them again, go and ask for copies?

Thank you kindly, Syl

[CharlieD10]

Are the assessment of the sponsor and the assessment of the sponsored carried out simultaneously or in sequence?

If done inland, it takes 11-12 months to assess the sponsor and 8 months to assess the sponsored.
If done outland, the processing time for the sponsor is 60some days and the processing time for the person being sponsored from the US is 11 months.

What exactly do you mean by "finished and landed"? What status would she have after the first stage (assessment of sponsor)? Would she have to leave Canada and then re-enter?

In an Inland application, some of the assessment takes place simultaneously, that is why stage 1 is 10-11 months long, followed by possibly another 9 months or more for stage 2.  For an Outland application, they are done in sequence, hence the 60 or so days at CPC-Mississauga and then the 11 months (80% average time) for Buffalo.  If you look around the forum, you will find that many Buffalo applicants are finalized in 4-8 months.

After Inland first stage, an applicant has what is called Approval in Principle.  This means they have been found to suit the requirements of permanent residence, and provided that it was applied for at the same time as the original application, she can receive an open work permit and healthcare.  That's 10-11 months, as stated previously (no variation to this timeline).  Depending on where you live, it can take another 9 months for her to get a landing interview date and get her PR status.

The average Buffalo applicant (on this forum) becomes a PR in 4-8 months after Buffalo receives their application.  This means they have PR status and are able to work, attend school, or whatever the plan is once Buffalo completes their paperwork.

If she remains in Canada for the entire time of the processing of an Outland application, she needs to either go to the nearest border point after receiving her Confirmation of Permanent Residence forms, or make an appointment at a local CIC office for a landing appointment.  She won't actually leave Canada if she goes to a border point, it's called flagpoling, where the American authorities just turn you around since you don't actually want to enter the US, and Canadian border officers sign and complete the paperwork.

[CharlieD10]

Oh this is great post, I am so glad I found it. Charlie , would you mind helping me here with advise as well. I am in similar situation, I am Canadian, my husband is American, married July 2009 then I got the green card. We arrived Sept, 2011 in TO and planning on stauing here. I am preparing the forms now and I though I have to do inland application until I got to this forum and I now I deviced to do outland . I got the state criminal checks for him, I am waiting anymoment not to get the FBI checks. I have few questions though.
1. When I get all my papers together do I mail them to Buffalo or to Mississauga?
2. Do I send before the 6th month for extension of visitor status so he doesn't breake the law for status in the country?
2. We stupidly did the medical already in Toronto and the doctor's office said they will send them directly to Ottawa, I didn;t expect this. So now what do we do? Do them again, go and ask for copies?

Thank you kindly, Syl

1. To Mississauga.

2. Yes, apply for the extension when there is around 30 days left on his current stay, at the 5 months mark.

3. The results are sent directly to a regional medical centre, and when the visa office is ready for it, they request the results from there.  Did you use this form for the medical? http://www.cic.gc.ca/english/pdf/kits/forms/IMM1017SCLE.pdf

[aghapuca]

Charlie, I must thank you for your detailed answers. I am only left with one question on my mind at this time:

Will applying outland affect her chances of getting a visa extension?

[CharlieD10]

No, in fact as long as you state that part of the reason for applying for the extension is to permit her to remain until her PR is finalized and provide the necessary information and documentary proof, they are likely to look kindly on the request for the extension.  Many persons have been successful in receiving extensions for this reason.

[sivathegreat]

Goodjob Charlie!
to many your post is useful!