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clearskye

Newbie
Feb 17, 2014
1
0
Hi all,

I am a Canadian Citizen and my fiance is American.
Our plan is to marry in the US in April. I will be there as a visitor, and will return to Canada after two weeks.
We had planned from that point to file an outland sponsorship application and then move him after I qualify as a sponsor, say July.

However, I'm not sure he can really move up here on an outland application. Is there an Implied status for outland applicants? What are our options?

Should we just file the inland application instead? We really want to live together. My fiance does not want to be unable to visit his parents while he's waiting, which is the only reason why we'd decided on the outland application, but we really don't want to live apart for two more years.

Also, I'm really anxious about the border crossing to go get married. It's going to be obvious to USCIS that I'm going down to get married, so my plan was to disclose that and be prepared with evidence of my Canadian ties -- an employer letter, my lease, and my return ticket. Does anyone else have experience with this? I really don't want to end up stuck in Canada when I'm supposed to be getting married.

Any help, advice, and stories would be most gratefully accepted. Thanks.
 
You can file outland and apply for a visitor extension to stay longer than six months. Alternatively, your fiance can travel to the US and return to restart the clock. It would be wise to carry as much documentation of your permanent residence application and other proof of funds etc when you cross just to make sure they don't deny him as a risk of overstay.
 
clearskye said:
However, I'm not sure he can really move up here on an outland application. Is there an Implied status for outland applicants? What are our options?

Should we just file the inland application instead? We really want to live together. My fiance does not want to be unable to visit his parents while he's waiting, which is the only reason why we'd decided on the outland application, but we really don't want to live apart for two more years.

Also, I'm really anxious about the border crossing to go get married. It's going to be obvious to USCIS that I'm going down to get married, so my plan was to disclose that and be prepared with evidence of my Canadian ties -- an employer letter, my lease, and my return ticket. Does anyone else have experience with this? I really don't want to end up stuck in Canada when I'm supposed to be getting married.

Hi

He cannot "move" to Canada until he is a PR. However, he can come visit while the app is processing and extend his visitor status throughout. He will not be able to work during this time. When he crosses into Canada, he shouldn't have more than a few bags on him; anything more than that and the border officer will most likely conclude he is trying to move to Canada and deny him entry. He shouldn't use the word "move", as he is only coming to visit his wife while his PR app processes. He should carry the sponsorship approval letter or email with him.

Inland doesn't give him the right to move to Canada either; as I said, he doesn't have that right until he becomes a PR. There is no advantage for you guys to apply inland, so stick with your outland app.

I'm not too familiar with US immigration but your Canadian ties sounds pretty strong, so I don't imagine that you'll have trouble.
 
Once you have filed your application and have your AOR, enter Canada together and ask for a vistor's record. They will usually give you one year.