In the US on a non-resident visa and thinking about marrying an American

[medira]

I find myself faced with a situation that I never would have expected. I have been in the US on TN Visas since 2008. A year and a half ago, I met my boyfriend who is a US Citizen. Recently, he broached the subject of getting married and what that would mean for us. Aside from the typical sort of discussion that I would assume comes with that topic came the question of where we would live. He is more than happy to consider moving up to the GTA (Home! Yay!!) but neither of us really has answers and if it's really going to happen, it is something that needs to be researched.

Based on a quick look over this forum, I have some assumptions about things, but I want to get them clarified or confirmed.

• There really isn't too much we can do until we actually get married. Is this true, or could we start looking into this from the time we were to get engaged?
• Since I've been in the US since 2008, would I need to pick up and move back home before I could sponsor him? After the application, would we need to be separated until everything gets processed?
• What are the conditions/prerequisites for an inland vs. outland application? I'm assuming that since all of his family is in the US that an outland application would be the better option, but I'm wondering if there's something I may be missing

I appreciate any insight you guys have!

Thanks.

 

[scylla]

Read the first post in the following thread. It will answer all of your questions and provide you with other valuable information to guide you in the process:

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

 

[amikety]

1) It depends. If you co-habit for at least a year, you can apply as common-law. Either way, start collecting evidence early. Police clearance can take 5-6 weeks (if it goes right) so order that before your wedding/year is upon you.

2) If you're a Canadian citizen (not a PR) you can sponsor him while in the USA. You'll need to show CIC you plan to move back to Canada - job search, apartment lease, the list goes on and on. You can also start the process while in the USA and move back to Canada part way through, just make sure to update CIC on your address.

3) Inland means he needs to be inside Canada. Outland, you can apply from anywhere in the world, including inside Canada. As a US citizen, the only real advantage for Inland is he would get a work permit (if he applies for it and pays the fee) after Stage 1 approval - about 6 months. However, the total processing time for Inland is longer and Outland is relatively fast for Americans.

If you can afford it, your bf/husband can reside with you as a visitor in the GTA during the process. He won't be able to work (except under certain circumstances) or go to school, but he could make the world's cutest stay at home hubby?

I shall go collect links for you to look at.

 

[medira]

Read the first post in the following thread. It will answer all of your questions and provide you with other valuable information to guide you in the process:

<<link>>

Thanks for the link! I did read through that post and it is what actually prompted the questions. Much appreciated.

 

[amikety]

Determine eligibility: (Note eligibility can change as circumstances do)

http://www.cic.gc.ca/english/immigrate/eligibility.asp

Family Class:

http://www.cic.gc.ca/english/immigrate/sponsor/index.asp

US Outland - even if you decide Inland, lots of good information here & you are free to ask all the questions you want:

http://www.canadavisa.com/canada-immigration-discussion-board/us-outland-applicants-thread-t106068.0.html

 

[medira]

1) It depends. If you co-habit for at least a year, you can apply as common-law. Either way, start collecting evidence early. Police clearance can take 5-6 weeks (if it goes right) so order that before your wedding/year is upon you.

Good to know. I've already started mentally putting together a list of the things that we could pull as evidence. Do you think the competition results as a ballroom dance partnership would be considered valid?

2) If you're a Canadian citizen (not a PR) you can sponsor him while in the USA. You'll need to show CIC you plan to move back to Canada - job search, apartment lease, the list goes on and on. You can also start the process while in the USA and move back to Canada part way through, just make sure to update CIC on your address.

I am a Canadian citizen and I've been hoping to go home for a while now. My work situation just hasn't allowed for it so far. Luckily, the company that I'm with now has a Toronto office and I'm hopeful that I could work a transfer.

3) Inland means he needs to be inside Canada. Outland, you can apply from anywhere in the world, including inside Canada. As a US citizen, the only real advantage for Inland is he would get a work permit (if he applies for it and pays the fee) after Stage 1 approval - about 6 months. However, the total processing time for Inland is longer and Outland is relatively fast for Americans.

What is considered "relatively fast"? Is there no option for a work permit after a Stage 1 approval for an outland application? (Is there a stage 1 approval?)

If you can afford it, your bf/husband can reside with you as a visitor in the GTA during the process. He won't be able to work (except under certain circumstances) or go to school, but he could make the world's cutest stay at home hubby?

Haha! Yes, yes he would. He's also pretty solid on the domestic front.

I shall go collect links for you to look at.

That would be wonderful. Thank you!

 

[amikety]

1) Yes, I think it would. Pictures would be great from that competition. It shows common interests and joint activities

2) It's hard to say exactly, because our Outland office was closed and move to CPP-Ottawa. They're showing published rates of 12 months. That means 80% of all applications are processed start to finish in 12 months or less. I don't have the information at hand, but I believe 50% were at 8 months or less. We'll be able to estimate better in a year or so once we get more results from the new office.

There is Stage 1 approval for both processes. It's about 45 days (used to be 60) for Outland. Some people are reporting faster times, but with you living outside Canada, I would expect yours to be on the longer side..... but I could be wrong! It's about 6 months for Inland.

So CPP-Ottawa (CPP-O) is 12 months published. Vegreville (Inland) is 14 months all together. There is no open work permit for Outland applications, but that doesn't mean your husband can't look for work. If he qualifies under NAFTA or gets very, very lucky, he could work in Canada. Or in the event he has specialized skills that the province is looking for. (I'm not familiar with Ontario's needs, so I'm slightly useless there.)

I hope he's ready for the weather! I grew up in Ohio and that humidity.... ugh!

 

[medira]

1) Yes, I think it would. Pictures would be great from that competition. It shows common interests and joint activities

Awesome. We do have pictures, and the annual results from the competition are posted online as well.

2) It's hard to say exactly, because our Outland office was closed and move to CPP-Ottawa. They're showing published rates of 12 months. That means 80% of all applications are processed start to finish in 12 months or less. I don't have the information at hand, but I believe 50% were at 8 months or less. We'll be able to estimate better in a year or so once we get more results from the new office.

There is Stage 1 approval for both processes. It's about 45 days (used to be 60) for Outland. Some people are reporting faster times, but with you living outside Canada, I would expect yours to be on the longer side..... but I could be wrong! It's about 6 months for Inland.

So CPP-Ottawa (CPP-O) is 12 months published. Vegreville (Inland) is 14 months all together.

Okay, good to know!

If he qualifies under NAFTA or gets very, very lucky, he could work in Canada. Or in the event he has specialized skills that the province is looking for. (I'm not familiar with Ontario's needs, so I'm slightly useless there.)

No worries at all. I don't know why I wasn't even thinking about NAFTA, since I'm in the US on a TN now and he would qualify under the same classification as I do. We work in the same industry, just in slightly different facets of it.

I hope he's ready for the weather! I grew up in Ohio and that humidity.... ugh!

Haha! So far he's been up there with me for visits to my family in both the summer, and most recently over Christmas. So far, so good!

 

[Sweden]

No worries at all. I don't know why I wasn't even thinking about NAFTA, since I'm in the US on a TN now and he would qualify under the same classification as I do. We work in the same industry, just in slightly different facets of it.

Even if he gets a work permit ( through Nafta etc) you can still apply outland, and it would have 2 advantages :
-faster processing time most likely
-being able to go in and out of Canada... if you apply inland to sponsor him, he HAS to stay in Canada for the whole duration of the process... 14 months. If he leaves Canada ( family emergency, holidays etc), and he is denied entry at the border (because the border officer sees that he has applied inland and thus not supposed to leave the country, etc), then his inland application is deemed abandoned, and you would have to start all over again, but outland this time. So - might as well start outland and keep the options open!

Outland refers to which forms you are using, and the fact that normally a VO outside of Canada handles your application - but in the case of US citizen, with Ottawa being the VO "outland", it becomes a bit blurry!

Good luck,
Sweden