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Author Topic: Married a Canadian outside of either of our countries...not sure how to proceed  (Read 227 times)
MountainGirl12
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« on: August 21, 2011, 09:14:11 am »

Greetings. I am an American citizen who has recently married a Canadian citizen in Costa Rica. I am unsure how I can proceed with gaining residency in Canada from here. Can I apply now? Does he need to apply first? How would this process work, with the marriage having happened in a third country? Any advice or guidance would be very much appreciated, thank you!
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CharlieD10
VIP Member
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Posts: 4657
Ratings: +130
Category........: FAM
Visa Office......: KGN
App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: ?

« Reply #1 on: August 21, 2011, 09:40:46 am »

Read the first post by Leon in the first thread at the top.

In summary, your husband must apply to sponsor you for permanent residence in Canada (PR) and you need to apply for said PR, at the same time.  You will need your marriage certificate from Costa Rica, so I hope you have that in hand already.  If not, ensure you apply for it ASAP.

Also, read this section at CIC's website, which gives you an idea of what paperwork you need to complete for the process.
http://www.cic.gc.ca/english/information/applications/fc.asp  I suggest you read them together.

Ask any questions that come to mind here, there are plenty of people willing to help by answering them.

Bear in mind while you read the forms, that you will be required to document/substantiate the development of your relationship from meeting to marriage, so start thinking about that from now.

But read Leon's post and the forms first.  Then ask questions.
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http://tinyurl.com/Kingston-Jamaica

Spreadsheet for KG applications status since 2008.
RobsLuv
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Posts: 1824
Ratings: +121
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
File Transfer...: n/a
Med's Request: Reprocessing:7May2010
Med's Done....: Jun2010
Interview........: n/a
Passport Req..: 30Nov2010!!
VISA ISSUED...: 31Dec2010!!
LANDED..........: 31Jan2011

« Reply #2 on: August 21, 2011, 01:05:12 pm »

You can read through the information on the US2Canada website for details on how to submit a spousal permanent residence application.  It doesn't matter that you married in a third country - as long as the marriage was legal in the country where it was performed, it's legal for immigration purposes and you are now eligible to be sponsored.  

That's just the first step.  The marriage makes you eligible as an applicant - the rest of the application process is about proving that you are a "genuine couple" and that you did not marry him just to get into Canada.  So you'll need to include documentation showing how you met, how your relationship developed, proof of contact while you were living apart (phone calls, emails, chats, proof of trips to see one another, photos, etc).  If they have questions about the genuine nature of your relationship, you'll be invited to attend an interview so that you can provide further support for your case.
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Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son.  Won appeal 1'10.  Back in process 4'10, new meds req 5'10 - submitted in June.  New FBI submitted 8'10  Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
MountainGirl12
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« Reply #3 on: August 24, 2011, 08:24:15 am »

Wow, it looks like quite a harrowing process...my husband and I are not currently in either the US or Canada, and won't be back for some time. Is there any way we can get the immigration process started without my being in the US? I read on the sites you recommended for me that I must get a doctors exam and FBI fingerprinting. Is that required before I even apply? Is there any way that can be done outside the US or Canada?

Thanks so much for your help and advice!
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rjessome
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Posts: 4080
Ratings: +180

« Reply #4 on: August 24, 2011, 10:10:30 am »

Wow, it looks like quite a harrowing process...my husband and I are not currently in either the US or Canada, and won't be back for some time. Is there any way we can get the immigration process started without my being in the US? I read on the sites you recommended for me that I must get a doctors exam and FBI fingerprinting. Is that required before I even apply? Is there any way that can be done outside the US or Canada?

Thanks so much for your help and advice!

Yes, you can do the process without being in the US.  Yes, you must submit the FBI clearance with your application (as well as police clearances for any country you have lived in for 6 months or more since the age of 18) but you can have the fingerprinting done anywhere and the FBI will send the results to you in Costa Rica if you give them your address.  There are also Designated Medical Practitioners all over the world so while YES, you must submit your medical results with the application, the medical does not have to be performed in the US.  Read these two links:

http://www.cic.gc.ca/english/information/medical/index.asp
http://www.cic.gc.ca/english/information/security/index.asp
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