Getting married in June

[jpenner]

Ok, I've read a lot of the threads and my fiance is just a bit freaking out.

Here is what we want to do.

I am Canadian. I fly down June 5. We get legally married in Texas. We drive her car to her grandparents in California. We get do a vow renewal in California with family. We have our honeymoon in California. We drive her car with her clothes up to my place in BC, Canada.

She is reconsidering whether we go after inland or outland, and the reason is she does not want to jeopardize us in any way from being able to be together. There is nothing on either of our records that should prevent us from being together.

Is this do-able or just a really bad idea? She would like to work while she is up here as well, but only has retail experience. The last thing we want is for the application to be denied and her kicked out.

In a worst case scenario, could she apply out of country after failing an in-country application? Assume that it's just a clerical error that it would fail... there is no reason for it to fail.

 

[sbwv09]

Hi there.. first of all, congrats and best wishes on the wedding

Assuming your fiance is a US citizen, it is really best to apply as an outland applicant. This is the fastest way by far (counting in months instead of years), and if something did go wrong, you can appeal the case. Your spouse can still come with you to Canada, but you must make clear that it is a *visit* and not say that they are living with you. Don't bring too much stuff at that time, you can get it later once the PR is approved.

Applying inland means you can eventually get a work visa, but that usually takes about 6 months.. most outland applicants are already approved by that time. Also, your spouse can leave Canada if need be, but as an inland applicant, this isn't possible. Your best bet is to be in Canada as a visitor while applying for an outland PR. If she needs to stay for more than 6 months, she can apply to extend her status within Canada.

 

[jpenner]

Okay, so for the outland application we have to make it clear it is a visit, but that we want to apply for a visitor's visa anyways?

For the inland application, we don't have to make it clear that it is a visit?

 

[jpenner]

The last thing we want to do is be misleading about how long she is staying and what we are doing.

 

[sbwv09]

There are several threads here about crossing the border with this in mind. A lot of people will just tell the border officers that they are visiting Canada while waiting out PR. Honestly, I think you might get more trouble if you say you're entering Canada to apply inland. If they think there's any reason she won't return to the US, they are within their rights to deny her entry. Saying you will be filing an inland application is saying that she plans to stay in Canada for years, basically. Saying it is an outland application says that she will leave Canada if she must, since she can without jeopardizing her application.

Whichever way you cross, you have to have proof that she has ties to the US and will leave Canada if she has to.. bank statements, an address in the US, family obligations, etc. Even as a regular visitor, they can deny you if you can't provide these things, let alone entering the country as a spouse of a citizen.

 

[RobsLuv]

Okay, so for the outland application we have to make it clear it is a visit, but that we want to apply for a visitor's visa anyways?
For the inland application, we don't have to make it clear that it is a visit?

"Inland" or "outland" has absolutely nothing to do with, and no bearing on, her being admitted to Canada as a visitor. It's an entirely separate process. She cannot "move" to Canada, or "live" in Canada until she has been approved as a Permanent Resident. She's not able to work or go to school (or usually have healthcare either) until she has permanent residence. The PR application (be it inland or outland) is the process by which she is assessed, and hopefully eventually approved, for permanent residence. So coming into Canada after you're married to stay with you is only allowed if they can be convinced that she (and you) understand that she cannot stay unless she is approved for PR. You cannot just waltz up to the officer at the border and expect her to be admitted just because you're now married. They want to know that you understand what the requirements are and that you'll respect them. (Also, just a minor correction on terminology - there is no such thing as a visitor visa for a US citizen. Visitor visas are granted to people from non-visa-exempt countries after they have submitted an application to their embassy requesting permission to visit Canada. US citizens are visa-exempt which means we have to "apply" to enter Canada at a Canadian port of entry. IF we pass the initial interview and examination, we are admitted and, (only) after we are admitted, we are authorized to stay for up to six months.)

Now, what you can do is this: since you will be accompanying your new wife to Canada, you can "apply" on her behalf at the border. This helps eliminate the need for her to convince them that she has "significant ties" to home - because you will vouch for her that you'll make sure she does not overstay her authorized allowed time to be here. That's what they're trying to make people prove - that they won't overstay illegally - when they ask for proof of ties. But you can help by introducing her as your new wife and telling the officer that you are going to sponsor her for permanent status - but you want her to be able to stay with you while you wait for the application to be finalized. You will need to have with you a certified copy of your marriage license to prove you are legally married. She will have to have a valid passport. You should also have a copy of a letter from your employer stating your position, your salary and your length of employment (you'll need this to submit with the PR application anyway, so no reason not to get it ahead of time). You should also have proof of your serious intention to sponsor her for PR - usually a good "proof" is a copy of the receipt for your payment of the PR application fees. You can pay those well in advance of submitting the application because you just include your receipt for payment with the application, so have that available, too (at least the $75 sponsor fee and the $475 applicant fee - you can wait on the $490 Right of Permanent Residence fee). As the Canadian, you should do all the talking - she need not say anything unless they specifically ask her a question, and you should hand over any and all documentation when it's requested.

Let them tell you how they're going to handle it - you go with the attitude of asking for their direction and you'll be better off. Normally they'll document her on a Visitor Record valid for six months, which prohibits her from attending school or working, stipulates when her status expires and is not a re-entry permit. This is her temporary status document and she can apply to extend it from within Canada, by mail, before her status expires in order to stay with you to wait out the finalization of the application. Applying outland is in the best interest of US residents. There will be no reason for her to apply inland - applying inland does not give her status . . . the VR she gets on entry is her status. Inland will get her a work permit - but not until 6-7 months after you submit the ap and chances are that the outland application can be finalized before then.

There's more info for US spousal applicants at US2Canada.com