UK citizen with green card wanting to move to Canada and marry his girlfriend!

[dysonjonathan]

Hi everyone!

I really appreciate any advice anyone can offer.

As the title suggests i am a UK citizen living in the States, but i'm hoping to move to Canada so i can be with my fiancee. As i'm sure everyone knows there is just so much info. to make sense of and it's hard to figure out what the best plan of attack is, whether or not i will even qualify, how long it takes, the costs and so on and so forth.

What i am wondering is - can i just go there, marry her and then come back and file for permanent residency from the US? Is it that easy? How long does it take? How much does it cost?

Is there any benefit to being from the UK within this whole process?

Thanks for any advice!

[Baloo]

What i am wondering is - can i just go there, marry her and then come back and file for permanent residency from the US?

Yes

Is it that easy?

Can be, but it depends on the details.

How long does it take?

As little as 6 months, but may be a lot longer

How much does it cost?

It depends - fees are found in section 3 of http://www.cic.gc.ca/english/information/fees/fees.asp
Medical costs - Depends on where it is done.
Police checks in the USA and the UK.
etc, etc

Sorry for the brief reply - got to go...

[Leon]

The fees are about $1040.  Being from the UK but living in the US, you have a choice of having your application processed in either country.  You can see the processing times at http://www.cic.gc.ca/english/information/times/canada/process-in.asp#sponsorship where it says it will now take Mississauga 37 days to approve your spouse as a sponsor and at http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp#europe where it says that after Mississauga is done, it will take the UK an average 4 months to process your application or Buffalo an average of 6.  The downside to applying through the UK would be that if an interview is required, you'd have to go there.

You can find your application forms at http://www.cic.gc.ca/english/information/applications/fc.asp

[dysonjonathan]

Leon - you seem to know what you're talking about.

With that being said do you think it's a better idea to go the marriage route or the Skilled Worker route?

[Leon]

Sponsorship would most likely be faster than applying as a skilled worker.

[dysonjonathan]

Hey Leon - How are you?

Do you know if I would lose permanent residency in the US if i get permanent residency in Canada?

Thanks!

[PMM]

Hi

Hey Leon - How are you?

Do you know if I would lose permanent residency in the US if i get permanent residency in Canada?

Thanks!

Yes, if you take up permanent resident in another country and are out the US for 6 months, USINS will lift your "Green Card"

PMM

[dysonjonathan]

Thanks PMM. So as lonas i visit the states twice a year i should be ok? Is this fact?

[PMM]

Hi

Thanks PMM. So as lonas i visit the states twice a year i should be ok? Is this fact?

Nope visits don't count, eventually you will have to make a choice, Canada or the US>

PMM

[Leon]

Some people have managed to keep their green card alive by going to the US every 6 months.  This was true at least before 9-11 as I knew people who were doing this for years but I don't know if surveilance is tighter now.

Fact is, they can take your green card away if they believe you have moved permanently to another country, even if you haven't been gone for 6 months at a time.  If you stop filing taxes in the US or if they found out that you have gained Canadian PR, that could be taken as a sign that you have moved to Canada permanently.

I would not know how they would find out that you have gained Canadian PR or how closely they watch who is filing taxes but it could come to it that they find out and then your green card is gone.

[PMM]

Hi

Some people have managed to keep their green card alive by going to the US every 6 months.  This was true at least before 9-11 as I knew people who were doing this for years but I don't know if surveilance is tighter now.

Fact is, they can take your green card away if they believe you have moved permanently to another country, even if you haven't been gone for 6 months at a time.  If you stop filing taxes in the US or if they found out that you have gained Canadian PR, that could be taken as a sign that you have moved to Canada permanently.

I would not know how they would find out that you have gained Canadian PR or how closely they watch who is filing taxes but it could come to it that they find out and then your green card is gone.

Canada and the US share Immigration info.

PMM

[Leon]

But the question is also how closely they share/link it.

If OP is happily skipping across the rainbow bridge with his green card, will they look his name up in their computer and immediately get a beeping red screen saying "subject has received Canadian PR, please remove and cut up green card immediately" or is it more in the tune of US being able to request information on OP if they feel they have a reason to and CIC would then send them this info in a big brown envelope?

[commonwealth]

But the question is also how closely they share/link it.

If OP is happily skipping across the rainbow bridge with his green card, will they look his name up in their computer and immediately get a beeping red screen saying "subject has received Canadian PR, please remove and cut up green card immediately" or is it more in the tune of US being able to request information on OP if they feel they have a reason to and CIC would then send them this info in a big brown envelope?

I had Canadian PR back in 2001 but then later decided to stay in US, during the naturalization process to get my USC; interview officer here knew where i live, work and even details about my Canadian PR. I think both counties share significant amount of info.

[dysonjonathan]

Interesting comments!

So i guess my best course of action might be to become a dual citizen of UK and USA, then file for PR in Canada as a US citizen. Presumably that will allow me to live and work in all 3 countries and be safe from losing anything in the way of cards!

[Leon]

If you go for dual US/UK, it doesn't matter in the least whether you apply for Canada PR as a US citizen or as a UK citizen.  US citizens get no special treatment in Canada.

To avoid losing the Canadian PR, you can not be outside Canada more than 1095 days in any 5 year period but time spent accompanying your Canadian citizen spouse is not counted.