USA Green Card Holder (Filipino Citizen) Moving to Canada

[seph_lim]

Greetings,

I'm new here! My apologies if this question was already answered.

1. I'm a US Green Card Holder (Filipino Citizen) moving to Canada. I'm engaged to a Canadian Citizen. Do I apply for Canada PR as a Filipino citizen or US Green Card Holder?

2. Do I get married first, then have my husband sponsor me to Canada? Or apply on my own? Which route is shorter? I only have 2 years of post-college work experience, while he has 5+ years.

3. Do I apply Inland or Outland?

Thanks in advance!

[NBaker]

Since you have status in the US you could apply from there or from home. US may be faster. If you are not married when you apply for PR and do not meet requirements as common-law you could only apply on your own. If it is your intention to marry then that is likely the fastest and the application should be submitted after you marry from outside Canada in either case. If you come to Canada while waiting for the answer to your application you will need to satisfy CBSA officers at the port of entry that you will depart at the end of the time allowed for your visit otherwise you are likely to be considered not a genuine visitor and refused entry. Until you are granted permanent residence you may not work in Canada without a work permit and may not attend school without a permit. Also it will be difficult if not impossible to make your status in the US if granted PR in Canada so you will need to make a decision at some point on that.

[RobsLuv]

You can be sponsored by your partner once the two of you are legally married - or now if you have been cohabitating for at least one continuous year and you can prove it.  It's most likely faster (and easier) than applying independently, but that is an option if you qualify.

As a spousal applicant, you will be processed as a Filipino citizen, but if you still have valid green card status while the application is in process it can be processed through Buffalo rather than Manila.  I don't recommend the inland process for several reasons - for one thing, it takes longer.  Secondly, you will be required to remain in Canada for the duration of the process and you won't have status to work or get healthcare for nearly a year, and it's up to 18 months to finalize inland.  Plus there's no right of appeal with an inland case.

It will likely take less than a year to finalize an outland application processed through Buffalo, and you can visit Canada by virtue of your US status while you're waiting.  Just remember that there are residence conditions to keeping your US status and, if it were me, I'd be careful about risking that until after you have permanent status in Canada.  

[seph_lim]

Appreciate the prompt replies NBaker + RobsLuv.

1. I see on CIC website that my application forms and the sponsor's application forms must be mailed to a processing unit. Where does it say that Buffalo is the place for processing? Or is it somewhere else to begin with?

2. Under normal circumstances, who can get a PR faster: An American citizen, or a US Permanent Resident with citizenship from another country with a valid green card?