Canadian Engaged to American-Settling in Canada worried about Immigration Rules

[sarahjg]

Hi, I am a Canadian citizen engaged to marry my American boyfriend in LA this August. We have had a long distance relationship, going back and forth for the past year. We are planning on settling here in Canada.

The plan is:

He will come here at the end of March as a standard 6 month visitor (I have a good job and can support him for this time). We will stay here until our wedding in the USA this August.

We will come back to Canada after our wedding and apply from Canada for his Permanent Residence. I understand the Pemanent Residence takes 15 months to process when applying from Canada and that he will not be able to leave/re-enter the country while his application is being processed. How does this work when he is only allowed to visit here for 6 months at a time? Is GIC usually willing to provide a number of extensions of his 6 months visitation while we wait his PR application to be approved (15 months)?

Is there anything we should or should not include in our applications for PR or applications to extend his stay as a visitor during that time? Or anything that we should or should not say at customs when we are leaving/re-entering Canada?

I am just so worried that we are going to some how screw this up and not be able to be together for a long time.

Thank you so much!

 

[tabarnouche]

I would apply outland (you can do this while he's in Canada and use your Canadian address on the forms, no need to be outside the country). He can come and go while the application is being processed and it will take half as long in total. Once you receive your marriage certificate and apply for his permanent residency border crossing will be a cinch, but until then you're at their complete discretion. Good chance they'll always let him through, but they might limit his stay in Canada to less than the 6 months at a time you're hoping for.

 

[corbs]

Should definitely apply outland. Knowing what I know now i would never have applied inland.

 

[steerpike]

How does this work when he is only allowed to visit here for 6 months at a time? Is GIC usually willing to provide a number of extensions of his 6 months visitation while we wait his PR application to be approved (15 months)?

Yes. And actually you just need to get thru stage 1 (which is ~8 months for inland). At stage 2 he can apply for an Open Work Permit.

Is there anything we should or should not include in our applications for PR or applications to extend his stay as a visitor during that time? Or anything that we should or should not say at customs when we are leaving/re-entering Canada?

No you dont need to be coy or skirt the truth. Since he is from a visa exempt country there will be no problems with what you are planning. CBSA allow him to come as a visitor even if you tell them you will get married and apply for an inland PR. CIC allow him to extend his visa if he gives as his reason that he has applied for a PR inland.

I really dont see why you would have any problems either applying Inland or Outland.

 

[J.M.]

Hi, I am a Canadian citizen engaged to marry my American boyfriend in LA this August. We have had a long distance relationship, going back and forth for the past year. We are planning on settling here in Canada.

The plan is:

He will come here at the end of March as a standard 6 month visitor (I have a good job and can support him for this time). We will stay here until our wedding in the USA this August.
We will come back to Canada after our wedding and apply from Canada for his Permanent Residence. I understand the Pemanent Residence takes 15 months to process when applying from Canada and that he will not be able to leave/re-enter the country while his application is being processed. How does this work when he is only allowed to visit here for 6 months at a time? Is GIC usually willing to provide a number of extensions of his 6 months visitation while we wait his PR application to be approved (15 months)?

Is there anything we should or should not include in our applications for PR or applications to extend his stay as a visitor during that time? Or anything that we should or should not say at customs when we are leaving/re-entering Canada?

I am just so worried that we are going to some how screw this up and not be able to be together for a long time.

Thank you so much!

I just wanted to ask if you are aware that the USA has a visa specifically for people who are coming to the USA to marry? It is the K-1 visa (Fiancee visa) and if you weren't aware of it, you may want to research it as it may be required for you to enter the USA for your wedding.

 

[OhCanadiana]

I just wanted to ask if you are aware that the USA has a visa specifically for people who are coming to the USA to marry? It is the K-1 visa (Fiancee visa) and if you weren't aware of it, you may want to research it as it may be required for you to enter the USA for your wedding.

The OP can enter as a visitor to the US for her visa since she isn't planning on staying in the US after the wedding.

The K1 visa is only needed if she's planning to apply for a US PR after the wedding (see http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html). It would also bring requirements like Adjustment of Status to stay in the US after the wedding and Advanced Parole to be able to leave the US (e.g., http://blog.uscis.gov/2010/10/this-holiday-season-advance-parole.html).

J.M. - it's important that your fiance/husband truly visits before he is a PR. The FAQs in the first page of the US Outland Applicants' thread may be helpful (there's links to experiences where people cross the border and specific things to watch out for).

 

[J.M.]

The OP can enter as a visitor to the US for her visa since she isn't planning on staying in the US after the wedding.

The K1 visa is only needed if she's planning to apply for a US PR after the wedding (see http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html). It would also bring requirements like Adjustment of Status to stay in the US after the wedding and Advanced Parole to be able to leave the US (e.g., http://blog.uscis.gov/2010/10/this-holiday-season-advance-parole.html).

J.M. - it's important that your fiance/husband truly visits before he is a PR. The FAQs in the first page of the US Outland Applicants' thread may be helpful (there's links to experiences where people cross the border and specific things to watch out for).

Okay, just wanted to be sure. I haven't really researched the K-1 as I am a Canadian citizen and so is my (now) wife. We had considered it though.

 

[OhCanadiana]

Okay, just wanted to be sure. I haven't really researched the K-1 as I am a Canadian citizen and so is my (now) wife. We had considered it though.

Happy to help