Getting married to USC fiance

[EmmaShazma83]

Hi all,

I am a PR living in YYC and would like to get married to my USC fiance and sponsor him for PR. Based on my research so far, and please correct me if I'm wrong, it should be simple for him to just visit me here on visitor's visa, we get married in Canada, and then apply to extend his stay and apply for his PR (and work permit) at the same time.

Some background:

Me: landed PR (1 year ago) via Outland FSW. I'm currently working a retail job while working on my professional qualification exams.

Fiance: USC, recently graduated.

Relationship: We've known each other for 6 years, have met twice, once in 2016 (I visited him in the US for a month) and once in 2017 (he visited and stayed in YYC with me for 5 months).

I hope to get some clarification on some questions as below:

1. What should he declare when he arrives here? Should he inform the officers he's coming to marry me in YYC? I'm a little concerned because when he visited in 2017, he was detained at the airport because they were concerned his 5 months intended stay was too long with the amount of money he brought (USD5k). He was only released after the officer called my cellphone (I waited outside for 2 hours) and asked a few questions.

2. Is it a better alternative if I visit him in the US and we get married there? Any benefits to this? We are keeping this option open but would prefer to get married in Canada as we intend to reside in YYC after marriage.

3. As I understand it, while waiting for his open work permit application, he won't be able to work. Is there any financial requirement he or me has to show when he comes here? And if so, how much?

4. Should we go for Inland or Outland application?

Anything else I should be thinking about?

Thank you for your help.

 

[PrincessCRV]

Hi all,

I am a PR living in YYC and would like to get married to my USC fiance and sponsor him for PR. Based on my research so far, and please correct me if I'm wrong, it should be simple for him to just visit me here on visitor's visa, we get married in Canada, and then apply to extend his stay and apply for his PR (and work permit) at the same time.

Some background:

Me: landed PR (1 year ago) via Outland FSW. I'm currently working a retail job while working on my professional qualification exams.

Fiance: USC, recently graduated.

Relationship: We've known each other for 6 years, have met twice, once in 2016 (I visited him in the US for a month) and once in 2017 (he visited and stayed in YYC with me for 5 months).

I hope to get some clarification on some questions as below:

1. What should he declare when he arrives here? Should he inform the officers he's coming to marry me in YYC? I'm a little concerned because when he visited in 2017, he was detained at the airport because they were concerned his 5 months intended stay was too long with the amount of money he brought (USD5k). He was only released after the officer called my cellphone (I waited outside for 2 hours) and asked a few questions.

2. Is it a better alternative if I visit him in the US and we get married there? Any benefits to this? We are keeping this option open but would prefer to get married in Canada as we intend to reside in YYC after marriage.

3. As I understand it, while waiting for his open work permit application, he won't be able to work. Is there any financial requirement he or me has to show when he comes here? And if so, how much?

4. Should we go for Inland or Outland application?

Anything else I should be thinking about?

Thank you for your help.

1. No. I would be very careful with what he tells the officers. Especially if he was detained last time. He will most likely be taken in for secondary questioning again. If they are already concerned with his previous length of stay, he needs to make sure he has strong ties to the US (job, lease or home ownership, family, etc,) and a return ticket home after his intended length of stay (I would make this a short visit - 1 to 2 weeks max). He should also be traveling with only the amount of belongings one would travel with, not everything he owns. If they have reason to believe he won't go home (and marrying you would raise suspicion), they may deny him. If he comes as a visitor, you could then extend his visitor visa and apply for PR with the OWP.

2. You can do either. It is really your preference, but if you are concerned about him getting through the border, it may be easier to get married in the US. You also shouldn't tell US officers that you are planning to get married there. They will definitely turn you away without a fiance visa.

3. There is no financial requirement for spousal sponsorship. You just have to be able to show you will be able to support yourselves without going on government assistance. An open work permit would take approximately 4 months to be granted before he would be able to work, so you would have to support him during this time.

4. An inland application will take approximately 12 months. For US citizens, straightforward outland applications with no red flags are being processed in about 6 months, or even less in some cases. This may be the best possibility for you even if he is living with you in Canada. He would also be able to travel back and forth to the US while it is being processed if needed. If you apply inland, he is supposed to remain in Canada during the process. Plus you cannot appeal the decision on an inland application. You would not be able to apply for the open work permit on an outland application, but it wouldn't be that much longer for the whole application to be approved.

 

[EmmaShazma83]

HI PrincessCRV,

thank you for your reply. Is it okay to just tell them he is visiting although we are definitely planning to get married and then apply for extension of stay and PR? Is this not considered misleading or lying to the officer?

Thank you so much for your help!

 

[PrincessCRV]

HI PrincessCRV,

thank you for your reply. Is it okay to just tell them he is visiting although we are definitely planning to get married and then apply for extension of stay and PR? Is this not considered misleading or lying to the officer?

Thank you so much for your help!

He should never lie to the officer, but if they don't ask, don't offer that information. He IS visiting you, which is technically the purpose of his visit. He just isn't giving additional details. Yes, he could come under dual intent (visiting, but applying for PR), but the burden of proof is much higher. He will have to have very strong ties to the US and convince them that he would go home if the PR application is denied. Given his previous encounter with them, it will probably be easier to just go the visitor route.