PR and marriage regestration advise needed!!!!!!

[vish1979]

My finance is Canadian permanent resident. I am here in US on student visa, my visas are expired but my I-94 is showing D/S instead of any expiration date. i am graduating this may, and i am planing to get married by Aug this year. Because of my visa i don't want to take any risks and go to Canada for registration of our marriage instead of that i prefer to do that process here in US. I am a resident of NJ and have my apartment lease on my name. i have a social security number but i have lost the card.

If i get married to a Canadian permanent resident here in US, get my marriage certificate and then my wife sponsor me there in Canada would that be a problem? I mean can she file papers with our status? is it required to appear for an interview in country where the marriage process was performed? or i can appear anywhere even in my home country if i decide to go back after getting married. what process should i exactly follow to avoid all complication? and is it advisable to get married and register our marriage in our home country or it don't create any significant problems.

[cmk2]

As a general comment, anyone can get married almost anywhere in the world, however, it will depend on Canadian Immigration authorities to validate whether the country/place where the marriage did take place was an "official" one. If you get married in Canada, then, you know for sure, that there won't be any questioning. However, since you are a non-US citizen residing in the States on a student visa and intend to get married with a Canadian wife in USA, then, it should be no problem.

I would suggest that you ensure that your marriage is subsequently registered and that you quickly apply to get a marriage CERTIFICATE which will be required to be submitted when applying for permanent residence under the FAMILY class. Furthermore, check with the Marriage Registrar office about the wait period before you get your certificate processed and mailed back to you. In Canada, it can take up to 3 months.

The interview does not depend where the marriage has taken place. The most important would be for you to know which Immigration office will be processing your application. By the sounds of things,it seems that your student visa is almost expiring and are on your way back home. Therefore,most likely your application will be processed back home and the interview, if any ,will take place there.

Hope that helps..

[jr23]

hello -  how did you guys work this out? 

I am somewhat in a similar situation. I am in the US on a F-1, plan to bring wife on F2 to US.  I also have Canadian PR, and plan to travel to Canada establish residence by signing a one year apartment lease and then apply for sponsorship for my wife and return to US - will this be ok as I am not actually living in Canada and also, does it matter that my wife is in the US and not our home country? 

[Leon]

As a PR, you have to be living in Canada to sponsor people so it would be a problem if they find out that you are not really living here.

[jr23]

Hi Leon,

I am just going to attend my religious marriage ceremony and honeymoon and then will return to Canada - is this still problematic? 

[Leon]

I thought you said you were living in the US on an F1 visa?  When your business in the US is finished and you move back to Canada, you can sponsor your wife.  Short trips should be ok but if CIC tries to contact you and you don't respond it could be the end of your application.

If your wife has a 1 year or more visa to the US, you can apply outland through Buffalo or you can apply outland through her country of nationality or if she can go to Canada as a visitor, you have the option to apply inland.  If she does not have a 1 year or more visa to the US, you can not apply through Buffalo but your other options stand.

[jr23]

Hi Leon,

Many thanks.  Yes you are correct, I am on an F-1 and plan to have my wife in US on an F2.  Reg CIC contacting me, if I use a lawyer, won't CIC make all correspondence via a Lawyer? 

I am a bit confused about applying for Outland when I am in the US, since I am canadian PR holder, how does that work?  I move to Canada, wife stays in US, I apply under Outland (b'coz wife is in the US)...where I got confused was how I apply at the Buffalo office?  Once I apply for sponsorship, i Travel back to US, and apply for tourist visa for wife under duel intent (from the US)...does this make sense?

Of course - danger of CIC calling me when I am not at at my residence in Canada and CIC sending my wife's paper work to US address ( I can have friends check my mail daily)... but assume if Buffalo send my wife the approved paperwork, the interview or PR entry stamp on her passport will be done at the Buffalo office yeah?

Thank you very very much Leon. 

[Leon]

You move to Canada, apply to sponsor wife, wait until you are approved as a sponsor, about 7 weeks, then the file is sent to Buffalo and the wife can apply for visit visa with dual intent.  You might have to send her some documentation regarding the sponsorship.  If it works out, she can join you and you wait for your application to go through together.  If she gets called in for an interview for her PR, she would have to go to the US for it.  There is no reason why you would have to go to the US after you apply to sponsor her unless you really want to but make sure you are available for CIC if they contact you.

[jr23]

Excellent, Does CIC typically contact the sponsor via telephone or in person?  I didn't want to leave my wife alone in the US, so was thinking of applying, going to US and then having a relative pick up mail and fedexing over to the US. 

Thanks again

[Leon]

I have never done a sponsorship myself, only PR card and citizenship and so far they have never contacted me by phone, always mail.

[elve]

Hi VIshii
I am a CC and my husband is in NJ as well on a student visa. We are waiting for his PR approval. We got married here in Canada (Mississauga) in March. For the supporting documents we did not wait for a marriage certificate but have sent a copy of the original document given to us by the person who performed the marriage. To speed up the process of us being together, the person who performed the marriage ceremony was chosen by the government of Canada website. The immigration did not request the actual marriage certificates (of what we have many now).

[med]

ji jr i was just in an immigration  forum and have read that some were contacted by phone

[CMB_2011]

Hi,

I'm in a similar situation as vish1979 maybe a bit complicated.....I'm an F-1 student in USA, graduated and temporarily working in USA(my US visa has expired so I can't even visit him).I plan to go back home to my country in few moths. My fiance is on student visa in Canada, planning to apply for PR at the end of this year. We are planning to get married August 2012 and settle in Canada, but was thinking to get legally married now if that would make me the process to Canada quick. Do you think that would work? can he do anything to bring me there as a student or he has to be a permanent resident?

any help regarding this matter is much appreciated

[Baloo]

Getting married does not change the speed of the processing, choosing a different way of applying for PR may change the processing time.