Marriage and visiting questions

[Black_Waltz]

I am an American citizen and in September I am hoping to have my Canadian partner come to California for a week to marry, both of us go to Ontario for two weeks afterwards, then I return to California alone. After that, we are going to apply for the spousal sponsorship to immigrate me to Canada.

Do we have to do anything different or can he come to the USA as a visitor? We are going to marry, but not reside in the USA, so I am confused on how that is handled. Would they refuse to let him in when finding out about the wedding, and should he tell them about it up front? Would Canada refuse my two week visit after marrying? Can I use the same passport as before the wedding until it is updated? If I visit him on and off until my immigration process is completed, does that add up and count towards the full six months visiting time, and would they allow me into Canada while I am a spouse and waiting on immigration processes?

I would also like to know what documents he should bring when coming into the USA to prove he is not going to stay here after marrying. He is in the Canadian forces, would anything from that help to prove he is obligated to return?

 

[Jalex23]

By American citizen I would assume US citizen...

Also almost all of your questions are related to US immigration. I'll help you with Canada immigration stuff.

Would Canada refuse my two week visit after marrying?

No, if you can satisfy the CBSA officer that you won't be staying.

Can I use the same passport as before the wedding until it is updated?

I would assume you are changing your name....

You can use the passport you have. Carry your marriage certificate for any unexpected events.

If I visit him on and off until my immigration process is completed, does that add up and count towards the full six months visiting time, and would they allow me into Canada while I am a spouse and waiting on immigration processes?

This depends on the CBSA officer. You will be evaluated on each entry.

 

[deweysmith]

I visit him on and off until my immigration process is completed, does that add up and count towards the full six months visiting time, and would they allow me into Canada while I am a spouse and waiting on immigration processes?

This is not how the six months works. If you are not given a specific date you are required to leave Canada by an officer, you are required to leave Canada after six months. This absence from can be as short as you'd like it, you can return to the border 1 minute after leaving Canada and enter again and receive an additional 6 months of allowed stay, provided you meet all the requirements. This is often referred to as "flagpoling."

Keep in mind that one of the requirements is that you must "satisfy an officer" that you will leave Canada at the end of your authorized stay. This may be very easy, since will have just done exactly this. However, it is helpful to have documentation of an apartment or dwelling in your name (lease agreement, utility bill, etc) that shows you have somewhere to go other than your partner's dwelling in Canada.

I flagpole almost weekly and have been "living" with my wife in Canada, while simultaneously "living" in a little apartment in a border town while waiting for my outland sponsorship application to finish. So, to answer that question, yes, as long as you meet the requirements. A lengthy travel history is very helpful with this, however, to show that you obey CBSA/CIC rules.

 

[deweysmith]

Also, you should know, coming and going frequently while waiting on a spouse sponsorship is only advisable when it is through the "spouse outside Canada" class. This sounds like what your plan is, but I just wanted to make that clear.

Do we have to do anything different or can he come to the USA as a visitor? We are going to marry, but not reside in the USA, so I am confused on how that is handled. Would they refuse to let him in when finding out about the wedding, and should he tell them about it up front? Would Canada refuse my two week visit after marrying? Can I use the same passport as before the wedding until it is updated?

Getting married in the U.S. as a visitor is 100% legal. My wife did it, flew with her wedding dress and everything. As long you have documentation for your return (a round-trip ticket is usually enough) then it's no big deal. Papers from work, the Forces, whatever, that outline that he is expected back in a week, two weeks, a month, will be very helpful. The same will be required from you after you are married and entering Canada, but expect that it will be a little more intense of an examination given that you are newlyweds and such. I would travel light.

 

[Black_Waltz]

Alrighty, thank you very much, that was very helpful! =)