Spousal Application Process and Ability to Remain in Canada

[fbee]

Hi,

I'm currently dating a girl from the US and our plan has been to get married in the States and then come back here. I'm not sure how to go about the application process though. I spoke with someone who said she should apply while she's in the States, but if we're married, I'm not sure how that works.

My thoughts so far are this:
1) Go down to the States and get married
2) Come back to Canada and not mention that we're married at the border
3) Start the spouse sponsorship application process by applying through an office in the States
4) If necessary apply for an Open Work Permit so she can work until her Permanent Resident status is granted.

Would this work? What time frame are we looking at between getting married and starting the sponsor application process, can it be started immediately upon return to Canada? Will she be allowed to remain in Canada with me while her spousal sponsorship application is being processed?

Any help would be greatly appreciated.

Thanks.

[CharlieD10]

1) Fine.

2) Why would you not mention it?  She's visa-exempt, she will most likely be allowed to visit with you for 6 months provided you can show you are capable of providing for her needs while she's in Canada and that she still has ties to the US and you are going about things the legal and proper way.

3) Americans are processed via the Consulate in Buffalo, NY.  You must first submit the application to Case Processing Centre-Mississauga so you may be approved to sponsor her, and they will pass the file from CPC-M when that is done to Buffalo.  You do not submit directly to Buffalo.

4) Applying for an Open Work Permit is a separate process, and tied to an Inland application.  As an American, there are few advantages to her to being processed Inland, stage 1 takes 10+ months currently, and stage 2 another 9+ months.  An Outland application via Buffalo can be finalised in 11 months, oftentimes in less, which is less than or the same amount of time as just receiving stage one approval and the OWP.

Read Leon's first post in the sticky thread at the top of this forum, educate yourself a bit more about what's involved, come back and ask any further questions.

[fbee]

#2 - Some people have conflicting opinions on different aspects. I've been trying to wrap my head around this and it's confusing when people suggest some things and others contradict them. Anyway, what I've discovered is that our entry into Canada should be fine provided I'm there to speak to the border agent. Should I have a copy of the marriage certificate handy? Should we start the application process before crossing back into Canada so I have a receipt or something to show that we're doing it?

#4 - I agree. From what I read it's better to apply outland and live here with me supporting her (i.e. no OWP)

Is there a different application for Outland than the one I can find on the website? I can only find a General Application. Can the application be delivered to the office in Mississauga? I live in Hamilton so I could just drop it off there.

[CharlieD10]

Yes, have the certificate handy if asked, you don't need to present it otherwise.  Pay the fees before you get to the border, you don't have to wait until you start the application process.  It's $1040 in total, but if you can't manage that all at once, pay the processing fees of $575.00 at least.

The Outland forms are here: http://www.cic.gc.ca/english/information/applications/fc.asp If that's the one you're referring to, then that's the correct one, yes.

No, you can't hand-deliver it, they accept applications by post or courier service only, no drop-offs.

[fbee]

Thanks a tonne! If I have more questions I'll be sure to post them.

[Kedeisha]

Yes, have the certificate handy if asked, you don't need to present it otherwise.  Pay the fees before you get to the border, you don't have to wait until you start the application process.  It's $1040 in total, but if you can't manage that all at once, pay the processing fees of $575.00 at least.

The Outland forms are here: http://www.cic.gc.ca/english/information/applications/fc.asp If that's the one you're referring to, then that's the correct one, yes.

No, you can't hand-deliver it, they accept applications by post or courier service only, no drop-offs.

its $550 not $575 applicant and processing fee and $490 RPRF