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Canadian/American Marriage

enaykalaka

Newbie
Mar 28, 2011
4
0
This seems to be a common problem and it's making me feel better about feeling helplessly confused.

I am a Canadian citizen, born and raised, working and living here in Canada. My fiance is American, born, raised, living, and working in the United States. We want to get married within the next several months but have no idea how to go about it. After we get married we are planning on living here, in Canada, and we want to know what the best options are for going about this. Is spousal sponsorship the way to go? If so, does it matter where we get married (Canada vs. U.S.)? Do we wait until after we are married to fill out the sponsorship application and if so, will she be able to live with me here in Canada while the paperwork is being done? How long will it be until she would be eligible for OHIP and employment? CIC isn't much help for Canadian/American marriages curiously enough, and we're just looking for some basic information so that we know how we can plan our wedding and what needs to be done beforehand. Any help would be greatly appreciated.
 

rasa

Member
Mar 27, 2011
15
2
Providence, RI
Job Offer........
Pre-Assessed..
Disclaimer: I am not an expert :)

Yes, spousal sponsorship sounds like the way to go. It doesn't matter where you get married, and you do have to wait until you are married to fill out the sponsorship application--her PR application gets sent in at the same time. She may be able to stay with you as a visitor while the application is processing, but this is never guaranteed--generally if all goes well they'll give her a 6 month visitor record and instruct her to apply to extend it if the PR app hasn't been approved yet, as it can take longer than that. Once her PR application is approved and she lands and all that, she'll be able to get a work permit and if I'm not mistaken, will get OHIP in 3 months. (I hope someone more knowledgeable chimes in on the last part.)

I'm in a similar situation; I started a thread on "Staying in Canada while PR is processing" here that might have info useful to you! We (me American, he Canadian) got married earlier this month and I'm going to be hopefully visiting while my PR application processes. We'll file it once I get there. Good luck!
 

Patricksgirls

Star Member
Oct 31, 2010
180
7
You can marry in pretty much any country really. You could ask for a visitor record at the border but you do not really need one until she has been here for six continuous months. At that time you could mail to Vegreville for an extension which is safer than crossing and then re crossing to reset her time here.
When she does come up here she will have to leave her "stuff" in the US. To give you an idea I crossed with four suitcases for me and my children and that was scrutinized.
When she does cross it is generally better to just say she is visiting for a short time. Not really a lie since people come here and extend their vacations all the time.
For her to live here she would either have to start the spousal immigration or come on a skilled worker visa if she qualifies. File outland even though she will be staying here as the US sponsorship generally takes 4-6 months. Keep in mind that it can sometimes take four months for the FBI report so get that done well in advance of filing. She will need to have medicals done by an approved DMP from the CIC site and the FBI record before you mail in the application so it is all included.
 

quakingaspen

Hero Member
Sep 24, 2010
536
18
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
01.12.10
AOR Received.
07.03.11
File Transfer...
11.01.11
Med's Done....
16.11.10
Interview........
Waived
Passport Req..
12.04.11
LANDED..........
02.05.11
Since you are looking for something a little more expansive, here is some information that I sent to another applicant. It may be of some help to you. This is all general advice. It doesn't apply to every situation, or every in and out of the application process. It's just a place to get started. And I am certainly no expert.

Always be grateful for all the help you receive on the forums. ;) As for your case specifically, Yes you want to apply through Spousal Sponsorship. No, it doesn't matter where you get married. But make sure you have the official, legal marriage certificate when you apply.

The information I gave to the other applicant is as follows:

"You will probably want to apply outland, for sure. It doesn't matter if she is here with you in Canada or not. You should be aware, however, that she will need to be careful to maintain her legal status. She is able to stay for up to 6 months as a visitor. After about 5 months, she will need to submit a visitor extension application (found here: http://www.cic.gc.ca/english/information/applications/visitor.asp). While she is waiting for that application to be processed (which can also take several months), she will have implied visitors status. You should also keep in mind that she will not be able to work while she is here as a visitor. Once she receives her Permanent Resident Visa she will be able to apply for a SIN number, be eligable for employment, and she will be able to apply for OHIP. It will take about 3 months for her to receive OHIP.

The outland process is much faster than the inland process. You can decide while one you'd like to use. The outland process has the benefit of allowing you to appeal the decision if you are rejected. The inland process has the benefit of allowing her to apply for a work permit at the time she submits her application. However - by the time she receives that work permit (about the time your sponsorship is approved), you can be through the entire outland process, she'll be a permanent resident, and she'll be able to work anyway.

When you're filling out your forms, she can list her permanent residence as her US residence (or her parents). She should list your address here in Canada as her mailing address. This way, all communications from CIC will be sent to her here in Canada instead of mailing them to the States. Buffalo sometimes e-mails their communications to you (and sometimes they get snapped up by your junk mail box. You have to keep an eye on that.) Sometimes they send communication by post. Don't be afraid to mention that she's living with you here. This will actually be to your benefit, as it helps establish that you are in a true relationship.

I want to mention up front that your wife will need to get a copy of her FBI criminal record - this can take 8 weeks, so it's good to get that rolling as soon as possible. (Here's a link: http://www.fbi.gov/about-us/cjis/background-checks/background_checks) Also, they may request state criminal records as well. Some people wait until those are requested, some submit them upfront. I submitted mine up front to avoid a delay if they were requested later. Criminal background checks need to be submitted to CIC before they are 3 months old.

The medicals can be done here in Canada, or in the states. Mine cost about $300 for the chest X-Ray, the blood work, the physical, and the other test. (Another link: http://www.cic.gc.ca/english/information/medical/index.asp) It is best to submit your paperwork soon after receiving the medicals as they are only good for one year, and if her Permanent Resident Visa is not issued within that year she will likely need to redo them.

Also, be sure to read the guides carefully and pay close attention to the document check list. You will need to contact the Canadian Revenue Agency to get a copy of your "Option C" form. They are free, and usually arrive within a few days.

Here are the forms you will need to fill out:
http://www.cic.gc.ca/english/information/applications/family.asp
This is the sponsorship kit, which should be filled out by you.

http://www.cic.gc.ca/english/information/applications/famcls.asp
This is the applicant kit, which should be filled out by your wife. Of course, you can work together on them, or whatever works for you.

You will also need to look at the regional specific forms. They will give you information on the size of the pictures you will need for the medicals and when you submit the form.

When you get around to paying your fees, I would advise you to pay them all at the same time, if at all possible. There can be a delay of up to 2 months if you only pay one part and then wait to pay the other part later. You can send them online, and when you do you'll want to send them to the Mississauga office. Print off a copy of the receipt and add it to your collection of paperwork.

When you send the application you will send your sponsorship application, your wife's application for residency, the receipt, the proof of your relationship being genuine, all your identity documents (in short everything) off to Mississauga. They will assess your application for sponsorship and send you a decision. It is usually yes, as there are no financial requirements to sponsor your spouse. You just can't be on public assistance.

They will then forward your application to Buffalo. The next step is a AOR (Acknowledgement of Receipt) from Buffalo. Then comes your initial assessment, your Passport Request, and finally, your opportunity to take your wife to land as a Permanent Resident of Canada.

Personally, I would start by looking over the Instruction Guides for the Sponsorship and Residency applications, and then looking over the Document Checklist. I was unpleasantly surprised when I found out about the Option C Form. It is ONLY mentioned on the Document Checklist, and I didn't check until late in our preparation process... and my husband hadn't even filed his taxes yet!

Appling outland is the way to go. There are certain, specific situations where applying inland makes sense, but it's waayyy faster to go the outland route.

Let me know if you have any other questions. And good luck!


PS

I forgot to mention two things.

If your wife applies outland, the biggest problem is that if she gets selected for an interview, she will need to travel to the location of the interview. In our case, that's usually to Buffalo.

Second, the application process in Quebec is a little bit different, and I haven't looked at it closely. I'm not sure if that applies in your situation or not. I know that they require at least another form, and another $250 fee. The form is the CSQ. Here's a link that talks about it a little bit. http://www.canadavisa.com/canada-immigration-discussion-board/-t9147.0.html "
 

enaykalaka

Newbie
Mar 28, 2011
4
0
So what would be the process we would have to go through after we get married?

And since we're planning on living here in Canada immediately after marriage, what is the route we would take that would best accommodate that? I keep hearing about inland and outland but I'm not 100% sure on those terms. Which one would enable her to live here in Canada with the least amount of hassle? And assuming we get married in the states, do we process immediately? How do we handle coming over the border after we're married?
 

rasa

Member
Mar 27, 2011
15
2
Providence, RI
Job Offer........
Pre-Assessed..
This post is a very good starting point: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html but once you're married, you fill out the Spousal Sponsorship paperwork and at the same time, your Application for Permanent Residency (and all the associated other applications that go along with it). You gather supporting documentation to prove that your marriage is "real" and not a marriage of convenience (MOC) and once you have all that you pay some fees and send it all off.

Inland vs. Outland: If you're living in Canada you can apply inland, but it's slower, and has no right of appeal. You also shouldn't leave Canada while your inland application is processing. You can get a work permit faster, though. You can be living in Canada with your spouse as a visitor and apply outland--this is generally, unless you have extenuating circumstances, the best way to go. It's rather quicker, and if you're denied, you can appeal. I'm about to head up to Canada in May to hopefully stay with my spouse as a visitor while we file my PR application. But it's always up to the Immigration Officer (IO) as to whether or not to let you stay. (Cross your fingers for me please!)

http://www.cic.gc.ca/english/information/applications/fc.asp CIC's website with all the forms you need, plus guides. It's really just a matter of doing a lot of reading, research, paperwork, then waiting.
 

enaykalaka

Newbie
Mar 28, 2011
4
0
So it looks like our option is probably going to be inland, since going to the U.S. is not a huge concern for us anytime in the near future. When we get married, should we get married in the U.S., do we cross back over together? How much should she take with her? Details on the re-entry post-marriage would be appreciated.
 

Baloo

VIP Member
Nov 30, 2009
4,879
205
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enaykalaka said:
So it looks like our option is probably going to be inland, since going to the U.S. is not a huge concern for us anytime in the near future. When we get married, should we get married in the U.S., do we cross back over together? How much should she take with her? Details on the re-entry post-marriage would be appreciated.
You can get married in the US or in Canada.
Getting married to a Canadian does not confer any extra rights.
There is no guarantee that a US spouse can enter Canada (in most cases it is fine).
Don't bring everything - if it looks like you are moving, not visiting, you can be refused entry.
Visitors can only visit, not move.


Many choose outland, can I ask why "inland" for you?
 

rasa

Member
Mar 27, 2011
15
2
Providence, RI
Job Offer........
Pre-Assessed..
I haven't tried to cross back into Canada since getting married, but the most important part of the process is that the Immigration Officer needs to be confident that your spouse will leave the country when her visitor's record expires. So showing up with a UHaul with all of her belongings is a bad idea. While ideally she'll be able to remain with you in Canada until her PR status is decided, she will be considered a visitor and doesn't have any special "right" to be there simply because she's married to a Canadian. Scary stuff, I'm terrified that they'll not let me in in May because I don't have a job or apartment to come back to here in the US, I just have a bank statement to prove I can afford to return/support myself, and my parent's word that I have a place to stay with them!
 

TreeLover

Star Member
Nov 24, 2010
107
3
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
17-11-2010
Doc's Request.
none requested
AOR Received.
28-01-2010
File Transfer...
14-12-2010
Med's Done....
29-09-2010
Interview........
waived
Passport Req..
29-03-2011
VISA ISSUED...
23-03-2011
LANDED..........
21-04-2011
Keep in mind if you do inland, the process could take you 18 months rather than 4-6 months that outland generally takes via Buffalo. My application was just approved and it took 4.5 months to complete. Some people have done it faster. There are also some people who have waited much longer and I'm never sure why that happens, but it seems to be in the minority from what I can tell, and often they have been requested to supply more documents, etc.

With inland, she could get health care and an open work permit within about 10 months, but that is much longer than applications generally take outland.

Also, there seems to be no advantage to inland for americans and it won't make it easier for her to come in as a visitor either. I have stayed in Canada the whole time my application was processing (I got a 9 month visitor record back in October).

There have been americans who have filed inland and really regretted it when they are waiting and waiting and see the outland people get their applications approved in just 4 or 5 months.

So that's just my 10 cents. Read around on this forum as there is lots of information.
 

isis79

Newbie
Mar 31, 2011
1
0
PLease need advice and not sure how to start my own topic ::)
My common law man of 4 years is canadian, myself american. we live in canada. I work in the US. Well, he has filled out his sponsorship forms and I am filling out mine, but wondering if I am too detailed in my desription on how our relationship developed....
It's been 4 years... so I feel like I am writing a novel. Is that necessary? Not sure how detailed I need to be with our relationship?
PLEASE if anyone has advice for me.... so Appreciative ;D
thank you