American Citizen marrying a Canadian Citizen and moving to Canada

[Loverbunnyx]

My Canadian boyfriend and I have been talking about the possibility of marriage and me moving to Canada with him. I'm not familiar with this process at all.

I've tried researching this subject, but I don't find much.
I'm not even sure where to begin with my questions ???!

-How would we even go about getting married (either in the US or in Canada)?
-Would getting married in Canada make it easier to move there?
-Would I be able to move there immediately (or quickly) after our marriage?
-If not, how long does the application process take to get rights to reside (Just residing, not getting a work visa) in Canada?

So basically, I'm just wanting any information you think I may find useful.

Of course my heart had to be difficult and pick someone from a different country.. Oh well, he's worth it

Oh and he lives in Québec, if this matters much..

 

[computergeek]

-How would we even go about getting married (either in the US or in Canada)?

It depends upon the state or province, but generally a marriage in the US will be recognized in Canada and vice versa.

-Would getting married in Canada make it easier to move there?

It won't matter.

-Would I be able to move there immediately (or quickly) after our marriage?

Sort of - you can come as a visitor and generally they will let you stay as long as you have the application submitted - or at least to the point you've paid the fees.

-If not, how long does the application process take to get rights to reside (Just residing, not getting a work visa) in Canada?

As a visitor you can usually get it in 20-30 minutes at the border. Residing permanently it generally takes about a year. You then would be a "permanent resident" (this is equivalent to being a "green card holder" in the US if that helps). If you have skills in a NAFTA qualifying area, you can easily obtain a work permit while you wait. Once you become a permanent resident ("PR") you don't need a work permit as you have the legal right to live and work anywhere in Canada.

Of course my heart had to be difficult and pick someone from a different country.. Oh well, he's worth it

You're the first person to do that. ;D

There is a sticky thread at the top of this forum that describes the basic process. It's a good place to start.

Assembling your application will take several months. You have to get an FBI clearance letter (6-8 weeks), copies of your birth certificate, passport, marriage certificate and a Canadian immigration physical. You have to answer a lot of questions in their confusing forms. When it's all done, you'll have a rather thick application. You pay the fees online: $75 for the sponsor, $475 for the applicant (that's you). There is also a $490 fee that must be paid before they will issue your paperwork. It's strongly recommended that you submit it all up front - $1040.

The fastest processing time is achieved by having a complete application (well, ok, political connections make it faster, but let's assume you aren't marrying into the Prime Minister's family) so that when a visa officer picks up your application and looks at it everything is there. The officer will look at your narrative and evidence and conclude that you are a genuine couple. You won't have any criminality issues, you're medical results will be available and the forms will all be 100% completely filled out - no gaps in history, no questions, no issues. At that point an officer can then request your security checks - which are often very fast for Americans given the amount of data sharing between the US and Canada - and if those are clear you will get an e-mail asking for a copy of your passport.

The ideal application only hears from CIC three times:

- When the sponsor (your future husband) is approved to sponsor (no criminal issues, not on welfare, not in bankruptcy)
- When they approve the applicant (you) and want your passport copy
- When you receive your 'Confirmation of Permanent Residency" or COPR.

If you hear from them other than that, it means they need something and it will slow down your application.

Good luck!

 

[parker24]

Everything Computergeek said is 100% correct

If you need more details, just take a peek at this blog post I wrote for CDN marrying Americans. I married my husband here in Canada, he's from TN and we're just waiting for him to get his COPR back in the mail

http://parker92411.blogspot.ca/2012/11/immigration-process.html

 

[Loverbunnyx]

You're the first person to do that. ;D

Thankfully I'm not the first!

Thank you for all of the information you gave!

 

[Loverbunnyx]

Everything Computergeek said is 100% correct

If you need more details, just take a peek at this blog post I wrote for CDN marrying Americans. I married my husband here in Canada, he's from TN and we're just waiting for him to get his COPR back in the mail

(Link to blog)

Awesome! Straight forward and informative.. Thank you very much!

 

[ANCEAge]

Sort of - you can come as a visitor and generally they will let you stay as long as you have the application submitted - or at least to the point you've paid the fees.
Once you become a permanent resident ("PR") you don't need a work permit as you have the legal right to live and work anywhere in Canada.

Hi ComputerGeek. I have a similar scenario as loverbunny. Only my fiance and I are not living together but we plan to get married in the USA and she will move to live with me in Canada right after. Is the process the same for us (minus sponsorship ofc), are there any policy changes we need to know about? Re visitor status....is that something my fiance can apply for at the border, as long as we have submitted our citizenship application? Should we submit our application before the wedding?

 

[canadianwoman]

You cannot submit your application before you get married, since your ability to sponsor her depends on her being married to you - or common-law, but you said you are not living together.
She can come to Canada, but she must be clear at the border that she is just visiting - just like any other visitor to Canada from the USA, she may be asked to show ties to the USA and proof she will leave. So things like a letter from her boss giving her time off; proof of a lease or mortgage in the USA; money in the bank; investments; a return ticket with a specific date if she is flying; etc. will help show she is just a visitor.
She will probably be allowed in. If the border agent does not give her a specific date to leave by, she has 6 months. She can apply to extend this stay about one month before it expires.
If you have submitted the application before she comes to Canada, it is good to bring proof of it, such as the receipt. The border agents usually have no problems with Americans coming in to visit their spouse while the PR application is being processed.

 

[ANCEAge]

You cannot submit your application before you get married, since your ability to sponsor her depends on her being married to you - or common-law, but you said you are not living together.

So the only option with our current plans is visitor status, then submit application....Hmmm. I don't think I can get a receipt that quickly after submitting. Our plans are to get married with her family in the USA, then move to Canada following that weekend wedding. Then we risk delays in processing, she won't be able to visit the USA in the meantime if her visitor status has expired....Wow what a hassle. :'(

 

[Serabeth]

The ideal application only hears from CIC three times:

- When the sponsor (your future husband) is approved to sponsor (no criminal issues, not on welfare, not in bankruptcy)
- When they approve the applicant (you) and want your passport copy
- When you receive your 'Confirmation of Permanent Residency" or COPR.

I've heard that American applicants won't have passports requested because we're visa exempt or something. Is this something else they'll request or am I getting confused?

 

[canadianwoman]

Right, Americans don't get their passport requested.

If you are a Canadian citizen, you can send in the application to sponsor your wife right after you get married (as soon as the paperwork is ready, of course). If you have everything you need, you could send it from the USA.

She can apply inland or outland. All this means is the place where the application is processed is different. With inland, she is advised to stay in Canada for the duration of processing, you cannot appeal, and the process takes longer. With outland, she can be in Canada as a visitor and is free to leave Canada and come back in. Americans with a sponsorship application being processed are almost always let back in.

You can pay before submitting the application, which means you can have the receipt when she crosses the border. In any case, she has to be clear she is just visiting Canada.

 

[ANCEAge]

You can pay before submitting the application, which means you can have the receipt when she crosses the border. In any case, she has to be clear she is just visiting Canada.

That sounds like the best option. Based on your description we will be going the outland visa route. Is there a limit on the permitted delay between payment and submission of the application?

 

[canadianwoman]

I've never heard of anyone having trouble because of a delay, though probably because most would submit soon after paying.

 

[rmacfadden]

Hey...I now this is a really old post but it is kinda exactly the same questions I'm asking myself. I am American and my fiance is Canadian.

We have heard a lot of different things one being that it is easier for him to get PR in america than me in Canada, is that true?

If I was to move to Canada would we have to get married before he could sponser me?

If so could i still stay in the country while the application is going through?

Also how long does the app usually take and once it is approved can i work?

Through sponsorship I can get PR is that correct? How long would that take?

Is it possible to do all the paperwork without getting an immigrate lawyer or whatever?

I appreciate any help anyone can give when it comes to these questions I have heard so much information on it all it seems so complicated and very daunting haha

 

[MilesAway]

Hey...I now this is a really old post but it is kinda exactly the same questions I'm asking myself. I am American and my fiance is Canadian.

We have heard a lot of different things one being that it is easier for him to get PR in america than me in Canada, is that true?

If I was to move to Canada would we have to get married before he could sponser me?

If so could i still stay in the country while the application is going through?

Also how long does the app usually take and once it is approved can i work?

Through sponsorship I can get PR is that correct? How long would that take?

Is it possible to do all the paperwork without getting an immigrate lawyer or whatever?

I appreciate any help anyone can give when it comes to these questions I have heard so much information on it all it seems so complicated and very daunting haha

In order for him to sponsor you, you must either be married or common-law (lived together for 12 consecutive months).
You could be in Canada as a visitor, which many couples do.
At the moment, US citizens are being processed quite quickly, with some being done in 3 months. Once you are approved, you must "land" as a PR. This is done either by flagpoling at the nearest land border, or by making an appointment with CIC. After that, you will be a PR. That gives you the right to live and work in Canada. You will not need a work permit as a PR.

Most people do it without a lawyer. It's only recommended to get a lawyer if you have inadmissibility issues, such as a criminal record. For regular cases, then it's best to do it yourself. It isn't difficult. You just need to take the time to read through the guides and the forms carefully.