Sponsoring My American Fiance

[Penner13]

My Fiancé and I are attempting to complete this process on our own but we have come to the conclusion that we desperately need some help/guidance. I just have a few questions, any answers and/or advice is extremely appreciated! She has been living with me here in Canada for about two years now, just with visitor status, she goes back to America every few months to make sure she doesn't overstay her welcome and draw any unnecessary negative attention towards us. We are planning on just doing a courthouse wedding at some point in early January 2017. We are having a larger symbolic Wedding in Mexico at the end of January 2017. We will be doing an inland spousal sponsorship.

1. My first question is about how soon we need to send away the application after our legal marriage? Does it need to be sent in right away or can it wait a month or two or at least until after the symbolic wedding in Mexico without any issues?

2. If we send the application in right away after the courthouse wedding and before the Mexico wedding, will my fiancé have any trouble getting back into Canada after returning from Mexico?

3. Also, I understand that she is probably going to need a Visitors Visa in order to stay in Canada with me once we send away the application. Is that something we should request at customs as soon as returning from Mexico? Or should she just say she is coming temporarily and request a Visitors Visa later on once she is in Canada and we've sent away the application?

I hope this wasn't too confusing. I'm really just looking for any advice on when we should be sending away our application and just any advice on how to deal with the whole Mexico trip. Thank You in advance!!

 

[canadianwoman]

If she is an American citizen, she does not need (and cannot get) a visitor visa. She just enters Canada like any other visitor from the USA. She can get a visitor record, which is just proof that she has entered Canada on a certain date. I would not bother asking for one. (If you will be living in Alberta, however, it would be worth it to ask for one, since with it she can get health care coverage.) She should have proof of ties to the USA, proof of funds, a return ticket with a specific date, and proof that you have already sent in the PR application (if you have done so when she comes back in). She has to be clear to the border agent that she is just visiting Canada. None of this may be asked for, but it is better to have it just in case.

I would wait to apply until after the wedding reception in Mexico. It is only a few more weeks, and so will not delay your application much. You can send in the application right after getting legally married - there is no need to wait. It is just that since the Mexican reception is going to take place shortly after, IMO it is better to wait to get this additional evidence.

It would be better for her to apply outland. For an American, outland is much quicker than inland. She can stay in Canada as a visitor while you are waiting for the outland application to be processed.

 

[Tinabuchan]

If she is an American citizen, she does not need (and cannot get) a visitor visa. She just enters Canada like any other visitor from the USA. She can get a visitor record, which is just proof that she has entered Canada on a certain date. I would not bother asking for one. (If you will be living in Alberta, however, it would be worth it to ask for one, since with it she can get health care coverage.) She should have proof of ties to the USA, proof of funds, a return ticket with a specific date, and proof that you have already sent in the PR application (if you have done so when she comes back in). She has to be clear to the border agent that she is just visiting Canada. None of this may be asked for, but it is better to have it just in case.

I would wait to apply until after the wedding reception in Mexico. It is only a few more weeks, and so will not delay your application much. You can send in the application right after getting legally married - there is no need to wait. It is just that since the Mexican reception is going to take place shortly after, IMO it is better to wait to get this additional evidence.

It would be better for her to apply outland. For an American, outland is much quicker than inland. She can stay in Canada as a visitor while you are waiting for the outland application to be processed.

This is correct. As an American citizen, I got my permanent residency in 4 months. This is much quicker than applying inland and if she needs to leave the country for any reason, she can return. If she applies inland, she is technically not supposed to leave the country.

 

[Penner13]

If she is an American citizen, she does not need (and cannot get) a visitor visa. She just enters Canada like any other visitor from the USA. She can get a visitor record, which is just proof that she has entered Canada on a certain date. I would not bother asking for one. (If you will be living in Alberta, however, it would be worth it to ask for one, since with it she can get health care coverage.) She should have proof of ties to the USA, proof of funds, a return ticket with a specific date, and proof that you have already sent in the PR application (if you have done so when she comes back in). She has to be clear to the border agent that she is just visiting Canada. None of this may be asked for, but it is better to have it just in case.

I would wait to apply until after the wedding reception in Mexico. It is only a few more weeks, and so will not delay your application much. You can send in the application right after getting legally married - there is no need to wait. It is just that since the Mexican reception is going to take place shortly after, IMO it is better to wait to get this additional evidence.

It would be better for her to apply outland. For an American, outland is much quicker than inland. She can stay in Canada as a visitor while you are waiting for the outland application to be processed.

Thank You! This is very helpful! I just have a question regarding the outland application. Will my Fiancé need to be out of the country at the time the outland application is sent in? Or can she just stay in Canada after we return from Mexico and send the application from here? Or would she need to be in America when the outland application is actually sent in and then just return to Canada a little later on?

Thank You Again!

 

[scylla]

Thank You! This is very helpful! I just have a question regarding the outland application. Will my Fiancé need to be out of the country at the time the outland application is sent in? Or can she just stay in Canada after we return from Mexico and send the application from here? Or would she need to be in America when the outland application is actually sent in and then just return to Canada a little later on?

Thank You Again!

She can be in Canada while applying outland. Many of us here have done this.

 

[Penner13]

Thanks for all the info! So I guess my last question on the topic would be if it is absolutely necessary to request a visitor visa when she is in Canada after applying? My understanding is that an American is allowed to visit Canada for 180 days without a Visa. Is this a strict rule or is it more of a "Don't tell if your'e not asked" kind of situation? Basically, what I'm asking is, if my fiancé gets into Canada after the wedding because she says she is just visiting, and she is not issued a visitor record of any kind or told to leave the country by a certain date, is it even necessary to apply for any sort of extension before the 180 days? Or is she okay to just stay in Canada past the 180 days without any troubles?
Thank You!

 

[Ponga]

Thanks for all the info! So I guess my last question on the topic would be if it is absolutely necessary to request a visitor visa when she is in Canada after applying? My understanding is that an American is allowed to visit Canada for 180 days without a Visa. Is this a strict rule or is it more of a "Don't tell if your'e not asked" kind of situation? Basically, what I'm asking is, if my fiancé gets into Canada after the wedding because she says she is just visiting, and she is not issued a visitor record of any kind or told to leave the country by a certain date, is it even necessary to apply for any sort of extension before the 180 days? Or is she okay to just stay in Canada past the 180 days without any troubles?
Thank You!

Americans, as well as all visa-exempt foreign nationals, are allowed to spend up to 180 days in Canada. This is solely at the discretion of the CBSA officer that she encounters upon examination. It is certainly NOT automatic.

If she is not told that she must leave by a certain date, and/or if her passport is not stamped with a date that she must leave by, she will have the full 180 days.

No matter what happens, she can (and should) apply for an extension before her visitor expires. While CIC suggests/recommends/wants a person to apply 30 days prior, she can (and should) wait until the day before her status expires, if applying online.

Good luck!