Lots of Topics to Sift Through... Where do I Start?

[chickennoodlejello]

Alright here is my situation:

I am a 26 year old native indian with 100% status and born and raised in Canada. I was able to move and live in California for almost 5 years with my fiancee who is a USA born citizen. I came back to Canada for the job market but wish to bring my fiancee and her two kids to Canada to live with me permanantly. We plan on getting married because we have been together for 5 years already and want to tie the knot. First off I know she needs a passport- but after that everything gets confusing. I had read through some of the topics on sponsorship for a spouse and their children but we aren't even married yet.

Should we get married before we start trying out these applications?
Do I go back to California and marry her?
Does she come here first and we get married then start the sponsorship applications?
Does she need a certain type of visa? Our plan is to live in Canada so I feel like a visitors visa would only add uneccessary time, paperwork, money, and stress to the situation.
Will Indian Affairs be a usefull aid in this process?
Should the sponsorship applications be started and mailed before her move here? After?

By the time we plan on her being here one of her two kids will be over the age of 18, the other one about 16, do I include both in the sponsrship even if the over 18 one might not want to come to Canada at this time but possibly at a later date?

Do we have to be legally married first and the kids have to be adopted to me?

Where do I start?

Any and all help/advice/wisdom/knowledge would be tremendously appreciated!

 

[Stumpedmom]

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


Read that thread, a lot of your questions will be answered there!!!

 

[CharlieD10]

1) You qualify as common-law partners based on the period of your cohabitation, you don't need to get married in order for her to immigrate as a member of the Family Class.

2) See 1.

3) No, you can start the process while she is in the U.S. She will need some things done there that it might be easier for her to accomplish in the US (getting her passport and FBI certificate e.g.).

4) If she is coming to live with you as your common-law partner, or possibly with plans to become your spouse, you need to sponsor her under the Family Class for a Permanent Resident visa. She may visit with you without a TRV, Americans are visa-exempt in Canada, and usually admitted for 6 months initially.

5) I don't know.

6) She cannot "move" to Canada until her sponsorship has been approved and she is granted PR. However, she may visit with you while it is in process. In other words, she can't show up at the border with a U-Haul on the strength of the application.

7) Dependent children (under age 22) MUST be included in the application, even if they are non-accompanying. They will need to be medically examined as well, and the one over 18 will need his/her own FBI record. This preserves her right to sponsor them later on if she wishes to do so.

8) No, see 1.

9) Start with that thread suggested above. Then go to the CIC website and read the forms for family sponsorship. Just read them, it's OK if you have questions afterward (you will).