Question about sponsoring while living out of canada

[thunder2011]

I am a united states citizen and i am marrying a Canadian citizen who is also 50% first nations native. we have recently been looking into the immigration for me and found out it would be extremely difficult for me to apply for my permanent residency from in the inland application process due to the fact i wouldn't be able to work for a long time or import my car until i have landed status. We are looking into both of us moving to the states and having her sponsor me while we both live in the states. ( since she is half native she would have no problems coming to the states because of the jay treaty) Does she have to have a job in the states before she can sponsor me while we are both there? and what other complications could we run into?

[CharlieD10]

She can sponsor you while visiting in the US with you, yes.  Alternatively, as a visa-exempt person, you can visit with her during the process.  "Outland" refers to where your application is processed, not where you are physically.  Buffalo's standard timeline is 11 months, but if you look at the Buffalo, Outland thread, you will see where many persons are being processed and approved in 4-6 months, and normally visa-exempt persons are admitted to Canada for up to 6 months at a time.

Income requirements are waived for spousal sponsorships, but if there is a question about how you will be supported, the IO could choose to interview you and ask how you plan to support yourselves without resorting to welfare. 

If she "moves" to the US, part of the sponsorship process will involve her proving that she plans to return to Canada when you are given PR, so she will need to show proof that she has maintained ties with Canada, has plans for a home, work, education, etc.  And they must be concrete plans, not just a vague statement of intent.

Check out the Buffalo thread for more information and assistance

[thunder2011]

we did look into doing the outland process so i could stay in canada on 6 month visas, but the issues we ran into was.. i called the immigration office at the border and they said that i could not visit canada  for long periods of time doing a outland process becuase it would not satisify the immigration officer, becuase it would defeat the whole purpose of applying for a outland app. outland apps take faster becuase its suppose to get the spouses together as fast as possible and if im pretty much living up there on 6 month visas at a time that it wouldnt go over so well with immigration.

also another issue we ran into is having my car insured, american insurance will drop you if your in canada frequently past 6 months, and i could not get canadian insurance on it becuase i would have to be a permenent residence and have my car imported. ( she doesnt have a car so id be the only transportation to work after we are married)

[CharlieD10]

Well, yes, visiting for long periods is frowned upon, but you could try for shorter periods.  It is left to the discretion of the IO to tell you how long you can stay, really, so you may not even get the entire 6 months. 

However, if it's easier for her to visit with you and do the application while living with you, then go for it.  As I said before, if she's just visiting with you, and maintains her ties to Canada, then there should be no issues with it being done from the US side of the border.  I am not sure of residency issues when it comes to First Nation individuals, although my husband is himself one-eighth First Nation.  Due to OHIP requirements, he can only visit with me for periods shorter than 183 days (6 months) so as not to have to re-apply for OHIP coverage every time he goes back to Canada.

[thunder2011]

With her being 50% native she could get a green card right away in the states and be a resident right away, so she wouldn't have to get a visa to stay in the states with me, would that affect her being able to sponsor me from the states any?

[CharlieD10]

No, it shouldn't.  She remains a citizen of Canada, and that gives her the ability to sponsor you without living in Canada.  As I said, if she's in the States for an extended period while you get ready for applying, she will need to show her ties to Canada remain in place and that she has plans for her re-establishment when you are given PR.