Canadian marrying American NEED HELP URGENT SITUATION!

[daniel79]

I am in quite the situation right now and I need as much help as I can get. Here's my story.

I am a Canadian citizen working and living in Canada but I just got back from California USA where I met my fiance. We both came back here to Canada together after doing research and she has been living here as a visitor for the last month or two. We are getting married here on August 4th and have so much to do before the wedding.


She went back to her home state (Maryland) to visit her family and to take care of a few things but her friend picked her up at the border, and they had trouble because her friend was bringing her some boxes for us to take back to my house. They finally worked it all out and went to Maryland but when coming back, she had trouble. They would not let her through. They found evidence of us getting married in her bag (her journal) and were really sketched out about it. She had to go through a whole interrogation process and basically, is not allowed into the country until she proves she is just visiting here and not living here.

They told her she has to have proof that she has ties back in America. She needs proof of citizenship, evidence of financial assistance, evidence of employment, evidence of educational ties, income tax, confirmed means of departure.... she basically might have to get a job there and come up with a paycheck to prove she's living there.

So we need to decide what we're going to do. We want to contact an immigration lawyer to help us, but I know we can also do it ourselves. I would love some recommendations for this situation. They also told her we NEED to start the process for permanent residency for her if she wants to live in Canada.
Our plan is to live here in Ontario, but would it be easier for me to be a visitor in the states when she works?? We have been talking about me going to Detroit where she is now, and getting "legally" married, and then trying to come back here for our family ceremony. Is that even a wise decision?

Any travel we do now, we have to be careful driving, and we don't even know how it happened. I am very confused. Please help!!

 

[DCGelfling]

At this point, it sounds like you'll almost have to file outland. Fortunately, that is faster than filing inland for US citizens (and most other people, for that matter).

The safest way to have a wedding at this point is for the person who travels be the one with strongest ties to their home country. My DH made the mistake of telling the border guard that he was coming to marry me, and they grilled him for at least a half hour. Fortunately, he has a fair amount of tenure as a teacher, and was able to convince the guard that the plan was for me to move up there when I finish my degree and the paperwork is done.

 

[Creampop]

Yea I feel this situation personally I was refused entry because the border guard thought I was living here illegally because my then boyfriend and I shared 2 children. it took me 9 months to get back across the border having to show stable job, money moving in and out of bank, lease etc etc... that was 4 years ago and every time since then I had to prove all of that stuff show when and how I was getting home total PAIN never could just drive across the border again without having to go into immigration. We recently got married on April 7th in Niagara Falls NY for 2 reasons I was divorced and divorced (non Canadian) people have to get written permission in Ontario to get a marriage certificate issued and cus it was easier for him to get across the border. Time line was quick (tho we have been together for 13 yrs now) he crossed Thursday, we spent 2 days in Niagara Falls, got married Saturday at noon, did pictures by the Falls, drove to Corning NY for our wedding night 2 kids and my mom in tote LOL Easter Sunday in Baltimore, he left Monday morning, Tuesday I had my medical done in Gaithersburg MD. 9 days later (how long it took him to get marriage certificate in the mail) he picked me up in Buffalo NY I was so scared to even attempt to cross but it was honestly the easiest time I had coming across the border in 4 yrs. We were sent into immigration but this time I was given a visitor record he said was 6 months but the date says December and from April to December is 8 months lol but were gonna apply for extention of course... but all he said is yes I paid her PR Fee and we have the app here and ready to mail tomorrow morning. hubby took kids back out to car I showed marriage certificate and PR fee receipt and 5 mins later I had my VR and we were on our way home. the longest part of the process was waiting the 9 weeks for the FBI background check which she should be sending out ASAP she can have them mailed to you in Canada pay the PR Fee get the receipt, I had 2 state checks as well for PA and MD as u need it for every state you lived in for 6 months or longer but it only took a week for those... You just hafta remember the border guard is the one making the decision and be as honest as you can be. I hope everything works out for you guys GL!!

 

[vankest24]

My husband and I have in some ways faced the same challenges. We were married March 2011 in the States, he's American and I'm Canadian. At first we weren't sure of which country we wanted to live in and didn't pursue PR for either country. During this time we crossed the border almost every or every other week to visit family (windsor-detroit). Once you start the PR process your spouse may live in Canada with you as a visitor, or he may live in the U.S. and commute back and forth freely (that was what our lawyer told us, but we actually did this even before we filed PR) Furthermore, if an officer tells you that your spouse cannot reside in you with Canada, like they told us, they are incorrect. Officers do have legal authority to permit the entry of a spouse to Canada under Section 3(1) of the Immigration Act. Officers will normally issue a 6 month visitor record and then counsel the applicant to ensure that their case is filed prior to the expiry of the first 6 months.

The American border officers always ask me the purpose of my visit, where I am going and the length, also where I am employed. I have never been asked to show proof of ties or provide proof of employment. I always tell them that my husband is getting PR. Also, if you live by Detroit, it may be worth your while to cross at the Marine City Ferry - Somber Ferry. We have started doing this b/c we've been pulled into immigration several times going through windsor-detroit both ways and my husband actually got banned from Canada for a year at the Windsor crossing. So I now cross at Marine City when I come and visit him and I have never had the slightest problem - and I am no longer employed either since the birth of our child.

I would advise you to get married and then she should have an easier time crossing, but if you do go to the States to get married, do not tell them that you are. Most likely they will assume you are going to adjust your status when you get there - even if you tell them otherwise - and deny you entry. And you can submit and outland application even if she is living with you in Canada, which is much quicker and allows her to travel back and forth freely between countries.