Wanting to marry and apply for PR for my American husband-need help border issue

[Camip]

Hi everyone,

Sorry this will be a bit long..

Currently I'm visiting my fiance in Florida, I arrived in November and will be returning to Canada in April. We've been exploring our options-whether I move here with him or he moves up to BC with me. We'd both love to live together in Canada eventually regardless, but It looks like applying for PR is easier then going through the whole American immigration process but I'm not sure. We want to minimize our time apart. We'd like to possibly get married during my visit and go back to Canada together in April OR I go back and my fiance continues to work for a couple months then comes to Canada for a visit to wait out the last months of the application with me. I've read that outland is much faster. The problem is getting to Canada. My fiance is now "flagged" at the Canadian border because they pulled him aside on his second visit to see me and denied him for not having sufficient ties to the US. He only visited me once after this happened and they allowed him through for the week he came to visit me, but only after much grilling and they were very firm on the fact that he must leave after the week was over. No passport stamp though since I believe its all done electronically.

So my questions are - I am also a little unsure about the process, apparently it takes a couple months to prepare the application because you need a police certificate and medical done before hand? Where do I find more information on this and how does my fiance go about getting this done? What would be the total cost for this plus sending in the application? What else do I need in order to send the application after getting married..such as relationship proof?

If we were to apply now before I leave the US and my fiance comes with me, what does he tell the border? They make it impossible for him to cross and stay for an extended period of time, If we have an application and tell them (not wanting to lie about anything) is this reason for denial? We are going about things the right way but would this lead them to believe he wants to stay there illegaly? If he were to ask for a two week trip and bought a return ticket, could he apply to extend his stay and wait until they reply or is this impossible? If he were to come visit me on his own a couple months after I leave the US would he be denied because of the pending application? Or would it be smarter for my fiance to come back with me say on a two week visit.. we get married there apply for outland then extended his stay?

I guess what Im asking and wondering here is how can he stay with me in Canada while we wait for the application to be approved? What are your experiences and how to I make this a possibility?

Whew..I know thats a lot questions!! I've been researching non stop and trying to find out which option is better for us that allows us to remain together and spend as little time apart, whether its going the American or Canada route. It very stressful and I'm worried.. I just want to figure out something, its been already 2 months into my 5 month visit and the longer we take to get things moving a long the longer we will have to spend away from each other!

Any help, suggestions, past experiences is much appreciated and thank you!!

 

[Sweden]

Hey, and welcome to the forum ( and the wonderful world of CIC).

Lots of questions indeed - so I'm not sure I'll be able to answer all but I can try !

I suggest you first read the post called "spousal sponsorship" by Leon on this forum, it will explain the process itself. you don't need to read the whole thread, just the first page.

Then - go and read CIC website and download the forms. Get familiar with it, print them, and start working on it. It's a lot of paperwork, but it's feasible, and if you have an "uncomplicated case" (first marriage both, no previous sponsorship etc) you can do it yourself, with help from people on the forum whenever needed. CIC website and link about immigration and sponsorship is here http://www.cic.gc.ca/english/immigrate/sponsor/index.asp you will find all the forms etc.

You do need a police certificate for each country the applicant (your fiance) has lived in for more than 6 months. FBI clearance takes about 12 weeks to get, and getting the application together also takes time. Also - there is no "fiance visa" as in the US system, so you either qualify as common-law ( you have been living together for at least 12 months) or you have to wait until you are married to apply - but you can prepare the application, get married, and send it off just after.

Both you and your fiance need to work on the application together - as some forms are for you as a sponsor, and others are for him. it takes time and it's confusing, but doable. Cost of the application is 1040 for the fees + whatever it costs to get the rest of the papers together ( FBI clearance, printing, etc) + medicals exams (costs vary from doctor to doctor). You can do the medical exams anywhere ( in Canada or the US) as long as you choose a doctor on CIC list ( go here http://www.cic.gc.ca/dmp-md/medical.aspx and choose the nearest place). wait to do the medicals until the last minute as they are only valid for a year. Police checks need to reach CIC within 3 months of being issued...

Relationship proofs - read the guideline, it's quite detailed and you just need to follow what's in it, it's already quite comprehensive.

About entering Canada - that's a tricky one, because he has been flagged at the border, and they might not believe that he will leave ( and most likely, he won't indeed!). I think your best bet is to apply while still in the US, and wait to complete the first stage (sponsorship approval) so you have a proof that your PR application is on-going. Wait as long as you can in the US ( for him, not you of course), and then try and enter Canada. He has to be honest, saying that he is waiting for his PR, and show proofs ( either the fee receipt, or the letter of approval). He can always be denied. It would be best for him to travel with a return ticket, and proofs to the US, so the officer would be convinced that he would leave at the end of his trip if needed. Once in Canada, he can apply for an extension, and with a PR application, it's likely to be granted.

REad all the forms, and start putting things together - it is a stressful and confusing process, but most of us have gone through and are alive at the other end, so there's no reason why you can't do it!

Good luck,
Sweden

 

[amikety]

Sorry that happened Camip. Your husband either ran into a guard having a bad day or he said something they didn't like. Americans usually have few problems crossing the border unless they have a criminal background.

It would be much better if you can accompany your husband across the border. You can ask for a Visitor's Record for him (that's what we get instead of visas).

Once you've applied for the PR, make sure one of you has a copy of the receipt and the AOR (Acknowledgment of receipt) on hand. Usually Americans are allowed to wait out the PR process in Canada.

If you haven't yet, join us in this thread: http://www.canadavisa.com/canada-immigration-discussion-board/updated-topics/-t106068.0.html;topicseen