Spousal Sponsorship to Canada- Outland

[sandman311]

Been with the gf for almost a year. Plan on marrying her next month at a courthouse in WA state. I am living in Vancouver. She is a U.S Citizen!


My questions are:

Question 1: She is full blooded native and I was wondering if there were any loopholes which could accelerate the process? I know if your canadian born native you could go down to the US and get citizenship based on the Jay Treaty..


I am a full time electrical apprentice and make about 29,000 and my expenses are quite low, I live in a room shared for now.. but as my ladder climbs ill make more money

Question 2: If we get married in WA will the be recognized through all of our paperwork as a bonafied certificate of marriage?

I know there is no income requirement but I do believe she does have an aunt/uncle and relatives that are Canadian..

Question 3: Would it be a quicker timeframe to try and get her to come here via family/band/tribe? or through marriage?


Thanks for help and glances. I know i could sift through all the threads but it seems like a lot of work.

 

[Ponga]

Been with the gf for almost a year. Plan on marrying her next month at a courthouse in WA state. I am living in Vancouver. She is a U.S Citizen!


My questions are:

Question 1: She is full blooded native and I was wondering if there were any loopholes which could accelerate the process? I know if your canadian born native you could go down to the US and get citizenship based on the Jay Treaty..


I am a full time electrical apprentice and make about 29,000 and my expenses are quite low, I live in a room shared for now.. but as my ladder climbs ill make more money

Question 2: If we get married in WA will the be recognized through all of our paperwork as a bonafied certificate of marriage?

I know there is no income requirement but I do believe she does have an aunt/uncle and relatives that are Canadian..

Question 3: Would it be a quicker timeframe to try and get her to come here via family/band/tribe? or through marriage?



Thanks for help and glances. I know i could sift through all the threads but it seems like a lot of work.

1. Unfortunately, Canada doesn't recognize the Jay Treaty the same way the U.S. does:
The following was found in one of the CBSA enforcement manuals:

From section 10.3 - Enf04 manual:

American Indians not registered in Canada

It is the position of both the Canadian and U.S. governments that the authorization of entry of
non-citizen North American Indians is governed solely by immigration legislation and not by the
Jay Treaty. The rules governing the entry of American Indians in to Canada differ from those
governing access to the United States by Canadian Indians.

It goes on to say...

Under Canadian immigration law, however, North American Indians are only accorded the right to
enter Canada if they are registered on the Canadian Band Lists. An American Indian can only
obtain registered band status if they can establish that their mother or father was a member of a
Canadian band. Therefore, American Indians coming to Canada to work or study require work or
study permits. Virtually all members of the Indian nations whose traditional lands straddle the border
are entitled to be registered under the Indian Act, and once they have exercised this option, they may enter
Canada by right under A19(1).

So, unfortunately unless she has a parent that was a member of a Canadian band, you'll have no choice but to get married and sponsor her.

Good luck!

 

[Ponga]

Been with the gf for almost a year. Plan on marrying her next month at a courthouse in WA state. I am living in Vancouver. She is a U.S Citizen!


My questions are:

Question 1: She is full blooded native and I was wondering if there were any loopholes which could accelerate the process? I know if your canadian born native you could go down to the US and get citizenship based on the Jay Treaty..


I am a full time electrical apprentice and make about 29,000 and my expenses are quite low, I live in a room shared for now.. but as my ladder climbs ill make more money

Question 2: If we get married in WA will the be recognized through all of our paperwork as a bonafied certificate of marriage?

I know there is no income requirement but I do believe she does have an aunt/uncle and relatives that are Canadian..

Question 3: Would it be a quicker timeframe to try and get her to come here via family/band/tribe? or through marriage?


Thanks for help and glances. I know i could sift through all the threads but it seems like a lot of work.

No, it does not grant the person U.S. citizenship:

Under the U.S. Immigration and Nationality Act, Canadian Indians who can demonstrate that they
have “50% or more Indian blood,” by presentation of their band registration card, are entitled to
permanent resident status in the United States. As a result, Canadian Indians who arrive at U.S.
ports of entry and state that they intend to work in the United States are instructed by United States
Customs and Border Protection officials to apply for permanent resident status on the spot.
The applicants are immediately issued temporary residency cards and are entitled to work in the
United States without work permits.


Permanent resident status and citizenship are not the same.

 

[rhcohen2014]

Been with the gf for almost a year. Plan on marrying her next month at a courthouse in WA state. I am living in Vancouver. She is a U.S Citizen!


My questions are:

Question 1: She is full blooded native and I was wondering if there were any loopholes which could accelerate the process? I know if your canadian born native you could go down to the US and get citizenship based on the Jay Treaty..


I am a full time electrical apprentice and make about 29,000 and my expenses are quite low, I live in a room shared for now.. but as my ladder climbs ill make more money

Question 2: If we get married in WA will the be recognized through all of our paperwork as a bonafied certificate of marriage?

I know there is no income requirement but I do believe she does have an aunt/uncle and relatives that are Canadian..

Question 3: Would it be a quicker timeframe to try and get her to come here via family/band/tribe? or through marriage?


Thanks for help and glances. I know i could sift through all the threads but it seems like a lot of work.

1. answered above. there is no way to "expedite" the sponsorship process.

2. yes, marriages performed in the US are recognized in canada. you will need to submit a copy of your marriage certificate in your application, which is only available from the town you married in after the marriage is performed.

3. she can not be sponsored by her aunt, uncle and other relatives, so getting married to you (or being your commonlaw partner) would be the only way she can qualify for family class immigration. Currently straightforward US applications are being approved in about 6 months. There's really no quicker way to get through the process. US applications are processed in OTTAWA and OUTLAND Applicants can be IN canada while an outland application is processing.

just a note, getting the application together and the process IS a lot of work. there is no "easy" way to immigrate to canada.

 

[sandman311]

completely understand the work that is required. I don't intend for this to be easy...but

withMe being here in Vancouver, and her up in Alaska

would it wiser to do a outland or inland application? There seems to be an option for both

 

[Kayaker]

Outland!

If she has a US passport, she can get PR in a few months. If she applies Inland, it will take 2 years or more.

 

[sandman311]

ok.. so i need to get her a passport which I am next week. What about a passport card? Does it make a difference?

When she gets PR status does she qualify for a work permit?

Thanks in advance!!

 

[PMM]

Hi

ok.. so i need to get her a passport which I am next week. What about a passport card? Does it make a difference?

When she gets PR status does she qualify for a work permit?

Thanks in advance!!

1. She needs a full passport to emigrate.
2. Once she is a PR she can work anywhere she wishes.

 

[Kayaker]

She needs a passport, not a passport card.

When she gets PR status, she has almost all the rights of a Canadian citizen, such as access to healthcare, work, etc. She doesn't need a work permit. The only thing she can't do is vote.

 

[sandman311]

SO.. utilizing both the CIC website and this forum I could do this on my own..

If i have any questions i will definitely submit them. Thank you all for your responses