What is the best course of action for this spousal sponsorship scenario?

[maruti81]

Hi
I am an Indian citizen holding Canadian PR. Sometime this year, I am expecting to become a citizen of Canada.

If I wanted to marry an American citizen (she just holds American passport and not a citizen of any other country), what do you think is the best course of action of the below options? I am open to settle in either USA or Canada, so I am weighing all possible options.

1) Option about continuing to living in Canada:
She visits me in Canada and we get married here in Canada, and I sponsor her in-land. If this is the best way to go, what do you think she should tell at the border while entering Canada? After marriage and the starting of sponsorship process, can she cross out of Canada to visit America during that time while her application is in process?

2) Option about living in USA:
I am open to move to USA too. How soon can I expect to get green card after the marriage ? During the waiting time while my green card application is in process, am I allowed to work there, if not directly, at least as a Canadian citizen via TN visa? I work in SAP field by the way.

Please let me know your inputs. Thank you.

 

[Aquakitty]

I can't give advice on green cards, but if you do choose Canada why would you choose to apply inland? It is much much much faster for a US spouse to apply outland, and she could be living in Canada regardless.

 

[maruti81]

Thank you friend for your input. Appreciate.

As for the processing times for out-land, this link says it will take 29 months for Los Angeles office, and 35 months for New York office.
http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp#west

This certainly does NOT seem to be faster. Please correct me if I misunderstand any information there.

On a different note, yes, I prefer to choose Canada as I already have a job and bought a condo here. But I am open to move to USA if that is what it requires. My main criteria is that I do not want to live separate from my partner after my marriage and that I want to be able to travel to India freely to visit my family along with my partner without any issues while re-entering USA (for me) or Canada (for her).

I am looking for some inputs from others who has gone through similar experience, or at least inputs regarding what they think is the best course of action.

And you have mentioned "it is much much much faster for a US spouse to apply outland, and she could be living in Canada regardless". I am thinking that an USA citizen can live in Canada only up to 6 months at a time, and USA Citizen may experience issues at the Canada border while entering/leaving if the border knows that she is already married to Canadian and trying to stay here longer.

Any thoughts?
Thank you again for your input.

 

[Aquakitty]

Thank you friend for your input. Appreciate.

As for the processing times for out-land, this link says it will take 29 months for Los Angeles office, and 35 months for New York office.
http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp#west

This certainly does NOT seem to be faster. Please correct me if I misunderstand any information there.

On a different note, yes, I prefer to choose Canada as I already have a job and bought a condo here. But I am open to move to USA if that is what it requires. My main criteria is that I do not want to live separate from my partner after my marriage and that I want to be able to travel to India freely to visit my family along with my partner without any issues while re-entering USA (for me) or Canada (for her).

I am looking for some inputs from others who has gone through similar experience, or at least inputs regarding what they think is the best course of action.

And you have mentioned "it is much much much faster for a US spouse to apply outland, and she could be living in Canada regardless". I am thinking that an USA citizen can live in Canada only up to 6 months at a time, and USA Citizen may experience issues at the Canada border while entering/leaving if the border knows that she is already married to Canadian and trying to stay here longer.

Any thoughts?
Thank you again for your input.

Well you are not a Canadian citizen yet, but when you are this all should apply for you as well. The common knowledge here is that those times are worst case scenarios if you end up having to get an interview. We just got our PR in just over 3 months start to finish, so those times are not accurate for most people.

She can apply for a visitor extension while she is still in Canada, just pay the fee. We ended up with something like 8 extensions before finally filing for PR. Despite this, they do not make a big deal about American citizens overstaying in Canada as they are visa exempt and we share a border. How do I know this? My husband (American) was out of status for years and we got OUTLAND PR in under 4 months! He was out of status a few times and we still crossed the border no problem. I am not saying this is a smart move but it shows that they do not put a ton of effort into caring about how long Americans are staying in Canada. Now remember I am a Canadian citizen so it might be different for you, but I can assure you based on what I have read, the times are WAY off. Now that you can get an OWP applying inland is not such a big deal but I still wouldn't do that, unless your status in Canada causes some kind of hiccup.

 

[keesio]

As for the processing times for out-land, this link says it will take 29 months for Los Angeles office, and 35 months for New York office.
http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp#west

This is a common misunderstanding when looking at sponsoring someone from the US. Most US applicants get processed via the Ottawa office and usually in 8-10 months. But it seems like they are faster in the summer. Recent approvals have seen timelines as short as 3-5 months.

If an application from the US has problems with it like the applicant has a criminal record, was deported from Canada or applied as a conjugal relationship, they are flagged as "problem" applications and then sent to NY/LA offices. That is why those offices have those huge timelines - they have all the applications with all these major issues with it.

 

[truesmile]

Agreed. Apply outland, and cross back and forth at will. If you are worried about the border crossings, both of you get your Nexus cards. The fee is $50 for five years.

 

[Aquakitty]

Agreed. Apply outland, and cross back and forth at will. If you are worried about the border crossings, both of you get your Nexus cards. The fee is $50 for five years.

This is a great point I forgot to mention, we also got our Nexus cards, made things a lot easier, and I have a mild suspicion having a Nexus card might help with PR as you go through a lot of security checks to get it, so it certainly can't hurt!

 

[maruti81]

Thank you so much Aquakitty and truesmile for your inputs.
How long does it take for you to get your nexus cards?

On a different note, I look forward to others' experience and inputs as well.
Thank you.

 

[maruti81]

This is a common misunderstanding when looking at sponsoring someone from the US. Most US applicants get processed via the Ottawa office and usually in 8-10 months. But it seems like they are faster in the summer. Recent approvals have seen timelines as short as 3-5 months.

If an application from the US has problems with it like the applicant has a criminal record, was deported from Canada or applied as a conjugal relationship, they are flagged as "problem" applications and then sent to NY/LA offices. That is why those offices have those huge timelines - they have all the applications with all these major issues with it.

Thank you Keesio for sharing your inputs

 

[deweysmith]

Thank you so much Aquakitty and truesmile for your inputs.
How long does it take for you to get your nexus cards?

On a different note, I look forward to others' experience and inputs as well.
Thank you.

My wife (Canadian citizen) was approved for nexus and had her interview done in a little less than 4 weeks. We are waiting for the card, still.

I have been a member for 2 years, and my application for PR was received by Ottawa and set "In Process" 3 days later. If I didn't have to wait for a CSQ, I'd be done by now, and we started the process in March.

 

[LN13]

If you are looking to be in the US, I can tell you that it took me about 4 months to receive my work permit and then another three or so for my permanent residency to come through.

My info is old though so you can check the processing times here but you'll have to figure out what visa office you'll need: https://egov.uscis.gov/cris/processTimesDisplayInit.do

As far as ease of paperwork - the US stuff was way easier. Or maybe it's just that I had two years of docs and much less stress attached to it as opposed to 10 years and desperately wanting to return home.

 

[maruti81]

Thank you deweysmith and LN13 for sharing your inputs.

Cheers

 

[maruti81]

Hope everyone is enjoying good weekend

Can my partner work here in Canada while her PR is being processed through my sponsorship?

OR can a Canadian citizen (assuming I get it soon this year) work in USA while his green card is being under process through his wife's spousal sponsorship in USA? I know a Canadian citizen can work on TN visa in USA but still checking as I heard that TN visas are being rejected too (not sure yet why).

Please let me know your thoughts.
Thanks.

 

[KelseyTVS]

Hope everyone is enjoying good weekend

Can my partner work here in Canada while her PR is being processed through my sponsorship?

If you apply inland, your partner may qualify for an open work permit during the application time through the OWP Pilot program, and she could work. If you apply outland, she cannot work unless she qualifies for a work permit through some other program. In general, though, most people who apply outland from the US live in Canada as a visitor and do not work for the application processing time, or else stay in the US and work, as processing time is only 8-10 months, and often less.

 

[maruti81]

Thank you KelseyTVS for your input.

Have a good day.