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Want to immigrate American fiancée/spouse--can we avoid separation?

Oct 25, 2007
7
0
Greetings,

I am a Canadian-born Canadian citizen. I met my American fiancée on the internet about a year and a half ago, and we've spent nearly three months together in the U.S. since July of this year. (I am in the U.S. currently.) We are planning to be married in a religious ceremony next month in the U.S. (I.e., we do not necessarily have to register for legal marriage at that time.) Our intention is to return to Canada following this for her to stay with me/my family. Should there be an issue acquiring her permanent residency, she would of course be willing to return to the U.S. within six months' time. So, she will in effect be visiting with the hope of staying indefinitely.

If at all possible, we don't want to be separated at any point in time. And in fact, if I had one question, that's what it would be: how can we avoid being separated as we prepare to live together in the same country on a permanent basis?

With the help of my father, we've decoded some of the Government Canada immigration information found online, and are aware of the application (and fee) for permanent residency, the background check, and medical required. We have not yet begun this process (bearing in mind that we are not yet married). My fiancée has her passport, and we assume there is no barrier to her entering Canada and staying for a period of up to six months without a visa unless a customs official suspects that we/she might intend to break immigration laws (which we would not do). So, we would fly back to Canada together, she would enter as a visitor, and then we would pursue her permanent residency pending our legal marriage.

Are we correct in this matter? What would be the best way to go about this? Should we be legally married once we return to Canada, or is there any way for us to be legally married first in the U.S. and then cross over into Canada and pursue her permanent residency?

Any advice or assistance you could provide would be most appreciated. Ideally, I'd hire an attorney, but I don't have the financial resources to do so at this time. I'd also be entirely willing to stay in the U.S. and pursue residency here myself, but I presume that would be even more difficult, and our preference is to begin our married lives in Canada, besides.

Thank you very much!
 

tamee

Hero Member
Jul 25, 2007
245
2
Not sure if you saw this, but its pretty much a step by step guide and has most of your answers here.

http://www.cic.gc.ca/english/information/applications/fc.asp

there are a few different ways to go about this,so read this and then if you have any detailed questions post away, it would take several pages of post to respond to the general question you presented, but in short you CAN apply for PR and not be seperated, but you have to be married to sponsor your fiance unless you have lived together for more than a year and are considered commonlaw.

so read this link and download your forms and then ask away.

ps: outside application is much faster than inland but if she doesnt need to work or have ohip then it doesnt really matter.
 

PRS

Full Member
Apr 3, 2006
36
0
One thing that stands out to me in your post is that you will not need to register for a legal marriage certifiacate at that time. It has to be a legal marriage for you to be able to sponsor your spouse.
 
Oct 25, 2007
7
0
Thanks for your replies, guys. I'm following up on some of what you posted.

tamee said:
you CAN apply for PR and not be seperated, but you have to be married to sponsor your fiance unless you have lived together for more than a year and are considered commonlaw.
PRS said:
One thing that stands out to me in your post is that you will not need to register for a legal marriage certifiacate at that time. It has to be a legal marriage for you to be able to sponsor your spouse.
I should clarify. We're considering not registering for marriage at the time of our religious wedding in the U.S. because we've gathered that it may be advantageous to wait to be legally married until we're in Canada. That's the only reason we may not. Frankly, we'd both rather that we didn't wait. At any rate, this issue will be no obstacle to our applying for my fiancée's PR as soon as we figure out what's best for us.

tamee said:
ps: outside application is much faster than inland but if she doesnt need to work or have ohip then it doesnt really matter.
Right, she won't need to work, and we're going to purchase some insurance for her in the mean time. I'd be willing to stay here while we wait for outside application, but I've already been here for three months and presume there might be obstacles to getting my own extension to stay in the U.S. while we wait for that. If you think this is something we should consider, however, please let me know.

That said, I'd rather that I'm the one working while only one of us can, as I can make quite a bit more money in Canada than she can in the U.S.

Are there any figures, though, on how long inland takes in contrast to outside applications?

Thanks!
 

tamee

Hero Member
Jul 25, 2007
245
2
no set in stone figures but average is running about 11 months or more.just from what ive seend on the tracker and the other forum time lines.