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Apr 10, 2019
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I am:
  • A Canadian citizen living in Quebec
  • Working full-time for an employer who would allow me to work remotely for a time
I just got engaged to an American citizen who is:
  • An American citizen living in the USA
  • Working full time for an American employer who would allow her to work remotely indefinitely
  • Does not speak any French
  • Is willing to take a year or so off work (her employer is fine with that) while I support her
Here is what we want:
  1. We want to get legally married and then live in Canada (Quebec is optional, but preferable)
  2. We are willing to live anywhere for a few months to a couple of years if it makes things simpler
  3. Do not want to live apart after marriage
  4. Do not and have not and will not live together before marriage
  5. Would like the process to take the least time possible
  6. Would like the ceremony to be in the USA
  7. Want to be 100% honest at all border crossings about what we intend to do
I'm trying to figure out what would be the best solution. It looks like the spouse/family options for getting her to Canada require us to be married before hand. I have a Canadian friend who got legally married to an American and moved to the USA, and the process took almost a year; also the USA has fiancée visas which we don't seem to have in Canada.

From my research, it looks like she could get a Canadian tourist visa or work visa, but if she crosses into Canada with one of those and states that her intentions are to get married and live in Canada, will she get turned down? What is the quickest and best way to do this legally?

Thanks!
 
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The easiest way is this

Go to the US and get married. Spend some time together. Then, you come back and sponsor her. Straightforward spousal sponsorships (especially of a Canadian citizen and US spouse) shouldn't take more than 6-8 months.

During that time, she can come visit you. She doesn't need a visa. She will be asked why she's entering, and she can be honest and tell CBSA. If she has a job in the US to go back to, it's quite likely CBSA will allow her in. If they don't, then you go visit her.
 
Any other way has issues with the eligibility to work in the US (if you move there) or in Canada (if she moves here).
 
Thank you for the reply! Correct me if I'm wrong, but I think there are a couple of problems with that:
  1. Just to get married in the USA already will take about 1 year (from my friend's experience). She would have to apply for an alien fiancée visa for me, to do everything legally.
  2. We don't want to live apart after marriage. Visiting is not really an option.
Is there any other better way?
 
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Any other way has issues with the eligibility to work in the US (if you move there) or in Canada (if she moves here).

If it simplifies things, she would be willing (and her employer as well) to take a year or so off work, and I could support both of us.
 
Thank you for the reply! Correct me if I'm wrong, but I think there are a couple of problems with that:
  1. Just to get married in the USA already will take about 1 year (from my friend's experience). She would have to apply for an alien fiancée visa for me, to do everything legally.
  2. We don't want to live apart after marriage. Visiting is not really an option.
Is there any other better way?

Thing is, you are forcing yourself into a corner.

As a Canadian marrying an American, it's really very easy. You can go to the US, or she can come to Canada, and you can get married. You can do this tomorrow. Neither of you need visas.

Since you are willing to support her, tell her to get on the next flight to Canada, get married, and immediately apply for spousal sponsorship. She can stay with you while the sponsorship goes through, and it will only take 6-8 months.

The only hitch is when CBSA asks her for the purpose of her visit. If you insist on volunteering the information that you're getting married, yes, she may get denied. If she says something like "visiting friends" (which is technically true), she will be waved through without a second thought.

Heck, there are many people who visit Canada (or the US) to visit friends, then fall in love and get married. There's nothing illegal about this.

Your list of requirements is contradictory. You cannot have everything you want on that list. If you want to do everything the long way, you may have to live apart and visit.

Either do things the long way and accept a few months of separation in what is hopefully going to be a long and happy marriage (what's 6-8 months in the long run? Across 30 years of marriage, for example? It's not even a blip. ) or be willing to do things the short way and not be 100% honest (while not actually lying).

The choice is yours.
 
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Thing is, you are forcing yourself into a corner.

As a Canadian marrying an American, it's really very easy. You can go to the US, or she can come to Canada, and you can get married. You can do this tomorrow. Neither of you need visas.

Since you are willing to support her, tell her to get on the next flight to Canada, get married, and immediately apply for spousal sponsorship. She can stay with you while the sponsorship goes through, and it will only take 6-8 months.

The only hitch is when CBSA asks her for the purpose of her visit. If you insist on volunteering the information that you're getting married, yes, she may get denied. If she says something like "visiting friends" (which is technically true), she will be waved through without a second thought.

Heck, there are many people who visit Canada (or the US) to visit friends, then fall in love and get married. There's nothing illegal about this.

Your list of requirements is contradictory. You cannot have everything you want on that list. If you want to do everything the long way, you may have to live apart and visit.

Either do things the long way and accept a few months of separation in what is hopefully going to be a long and happy marriage (what's 6-8 months in the long run? Across 30 years of marriage, for example? It's not even a blip. ) or be willing to do things the short way and not be 100% honest (while not actually lying).

The choice is yours.

OK, thanks again for your replies! I was hoping there would be some way to do it legally and still be 100% honest at the border.

The odd thing is that it can be done the other way around (Canadian marrying an American and living in USA). Even if it does take a year.
 
OK, thanks again for your replies! I was hoping there would be some way to do it legally and still be 100% honest at the border.

The odd thing is that it can be done the other way around (Canadian marrying an American and living in USA). Even if it does take a year.

Yes, Canada doesn't have a fiancee visa since it was being abused. Lots of people would say they were engaged, enter Canada, and suddenly decide they didn't want to be married anymore.
 
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Also, you can try being 100% honest at the border if you really want to. Tell her to come see you and just be upfront with CBSA. They may very well laugh and let her in. Just be prepared for a denial and to do things the long way.
 
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If you try the 100% honest bit, pick a land border that's a bit sleepy. Maybe the one between Jackman, Maine, and Saint-Theophile, Quebec. You may get a more sympathetic officer there :). I was once stopped at US customs in Jackman, and they were a lot nicer than the ones in NYC, Boston, or Chicago airport.
 
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Also, you can try being 100% honest at the border if you really want to. Tell her to come see you and just be upfront with CBSA. They may very well laugh and let her in. Just be prepared for a denial and to do things the long way.

Thanks! I'll talk to her and see how things go. And you're right, 6-8 months apart over a span of 30+ years isn't that bad. I know she wants to avoid it, but not at the cost of lying to CBSP. I mean, she has a ring: they could ask her straight if she's planning on getting married. IMHO, being straight forward and honest is always the best.

We'll probably just hope that they laugh her through. :) Thanks again for your replies
 
If you try the 100% honest bit, pick a land border that's a bit sleepy. Maybe the one between Jackman, Maine, and Saint-Theophile, Quebec. You may get a more sympathetic officer there :). I was once stopped at US customs in Jackman, and they were a lot nicer than the ones in NYC, Boston, or Chicago airport.

Thanks for the tip, I'll keep that in mind. Jackman isn't too far either.
 
You have 2 options although there are some extra steps because of Quebec. If you want to get married but live in Canada you can get married in the US and then return to Canada. You can say you just got married and are doing spousal sponsorship. I would pay for the sponsorship in advance and bring the receipt with you. She can't move her stuff yet that's the only catch because she is still a visitor. She can bring normal vacation packing. You can then submit an inland spousal application with an OWP. Your wife can only work remotely as a visitor if her company doesn't do work in Canada or have Canadian clients. She will get an OWP in around 4 months. Then she can either work in Canada or work for her current company but she may have to consult for them versus being an employee since she will be working in Canada. She'll have to work out how they will structure that with her employer. She should get travel medical insurance because she will not qualify for RAMQ for quite a while. Whether she is working or not after. getting an OWP will factor into whether she gets healthcare coverage. There is a 3 month wait period before getting coverage after you become eligible to apply. She also will need to apply for csq but not sure if it is after OWP or after she is accepted as a PR. You'll find the answer on the Quebec forums.

We run into a lot of couples that get pregnant after marriage then realize they will have to pay out of pocket for expenses because they have no coverage. Always best to wait until you have health coverage to have children.

Other option would be for you to stay with her in the US and file for outland sponsorship. You'll have to prove that you will be returning to Canada after she receives her PR.
 
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OK, thanks again for your replies! I was hoping there would be some way to do it legally and still be 100% honest at the border.

The odd thing is that it can be done the other way around (Canadian marrying an American and living in USA). Even if it does take a year.
You are still being honest, you're just not volunteering information that they don't need unless they specifically ask you. Have her come to Canada before you get married. Get a civil union at a city hall. Then apply for a spousal sponsorship. You're good.

Land borders give Americans very little trouble crossing. Just don't throw everything up front at the CBSA officer who will then have questions. Fill out the form, hand the passport to the CBSA officer. She'll ask "Why are you coming to Canada?" "Visiting a friend, seeing Quebec. Maybe some maple syrup at a cabane a sucre." "Have a good day," - if you get any questions at all.

On the other hand, if you show up at a CBSA post and say "I'm an American citizen, intending to marry and apply for spousal sponsorship. I know that I can't get a visa since I'm American, but I tried to look into it anywhere. Here is documentation of my ability to to work remotely, here is my financial information. Here is my police clearance certificate, etc.," what you'll do is turn someone who would normally have waived you through into someone who will ask you more questions.

We're not advising that you lie to the CBSA officer, just that you provide only the most base, true information you can.

If the CBSA officer asks you what friend she's visiting, and she says "my boyfriend/fiance" and you get more questions, then you can bring up the idea of dual intent ("I eventually plan to apply for PR through the spousal sponsorship stream but will respect the terms of my admission and leave when my status expires") which is also a backstop though it gets more into the discretion.

Just don't open any cans labelled "worms" with some vision of pure, unrequested facts.
 
You are still being honest, you're just not volunteering information that they don't need unless they specifically ask you. Have her come to Canada before you get married. Get a civil union at a city hall. Then apply for a spousal sponsorship. You're good.

Land borders give Americans very little trouble crossing. Just don't throw everything up front at the CBSA officer who will then have questions. Fill out the form, hand the passport to the CBSA officer. She'll ask "Why are you coming to Canada?" "Visiting a friend, seeing Quebec. Maybe some maple syrup at a cabane a sucre." "Have a good day," - if you get any questions at all.

On the other hand, if you show up at a CBSA post and say "I'm an American citizen, intending to marry and apply for spousal sponsorship. I know that I can't get a visa since I'm American, but I tried to look into it anywhere. Here is documentation of my ability to to work remotely, here is my financial information. Here is my police clearance certificate, etc.," what you'll do is turn someone who would normally have waived you through into someone who will ask you more questions.

We're not advising that you lie to the CBSA officer, just that you provide only the most base, true information you can.

If the CBSA officer asks you what friend she's visiting, and she says "my boyfriend/fiance" and you get more questions, then you can bring up the idea of dual intent ("I eventually plan to apply for PR through the spousal sponsorship stream but will respect the terms of my admission and leave when my status expires") which is also a backstop though it gets more into the discretion.

Just don't open any cans labelled "worms" with some vision of pure, unrequested facts.

If they are already married they shouls not be referring to each other as bf/gf fiancé/fiancée. You can easily say your wife is visitting you. If they ask further about sponsorship I would suggest you prepay for sponsorship and show your receipt.