Begin husband's immigration process now? Or wait?

[TeAmoSweetheart]

I am in need of some advice about the immigration process for my husband who is a USA citizen and would like to live with me here in Canada.

My husband is currently here on "implied status" as we wait for acceptance on our application to extend his stay. We did not expect to marry during his summer stay with me (we decided to do it quickly so my oldest sister could attend) and therefore we were not able to indicate that I am his spouse on the application. My sister's health is failing (brain tumor) and he has been an amazing help with her caregiving. That is the reason that we indicated for extending his stay here (as added info: He was originally only granted a one month stay in Canada by the border). He arrived here in July and we married in August.

We are not certain if we should wait until that application is accepted or denied, etc. before proceeding with the immigration process because we do not want to make any mistakes or do anything wrong. We also do not know if we should go with inland or outland. We do want to have the chance to appeal if we, for any reason, are denied. Also, my husband intends to stay here in Canada during the immigration process but if my husband has to return to the USA (i.e. because his application for extended stay is denied, etc.), we want to have the opportunity to have him safely return to Canada to be with me again without the chance of him being turned away at the border. This whole process has us very afraid that we will have to live apart and, as newlyweds, we love one another deeply and do not want to live apart.

Question #1:
Should we begin the immigration process now or should we wait and see about the application for the extension of his stay? We really do not know what we should do.

Question #2:
Should we go inland or outland? Which is better?

If you can provide me with any tips, advice, information that would be wonderful.

 

[Sous02]

Please check into whether you need to let CIC know about the change in his status from single to married. If not done properly and when needed it can have very serious consequences.

 

[TeAmoSweetheart]

Please check into whether you need to let CIC know about the change in his status from single to married. If not done properly and when needed it can have very serious consequences.

Thank you. I did not realize that this would be something we would have to do. How do we go about this? Who do we contact? Do we change it in the application to extend his stay? I really do not know.

 

[Regina]

You may start sponsoring him. He would need to get his extension to stay in any case (even if he gets in the process of being sponsored. To stay in Canada till getting his PR he has to have a valid permission to stay).

You married too soon after his arrival and it could be a problem. He did not mention his intention to marry in Canada when he applied for visa at VO and then at the border. So this is a misrepresentation. You will need to make a very strong case to support your good intention. The illness of your sister could be one for getting marries unexpectedly soon but not his willingness to take care of her.

 

[canuck_in_uk]

I am in need of some advice about the immigration process for my husband who is a USA citizen and would like to live with me here in Canada.

My husband is currently here on "implied status" as we wait for acceptance on our application to extend his stay. We did not expect to marry during his summer stay with me (we decided to do it quickly so my oldest sister could attend) and therefore we were not able to indicate that I am his spouse on the application. My sister's health is failing (brain tumor) and he has been an amazing help with her caregiving. That is the reason that we indicated for extending his stay here (as added info: He was originally only granted a one month stay in Canada by the border). He arrived here in July and we married in August.

We are not certain if we should wait until that application is accepted or denied, etc. before proceeding with the immigration process because we do not want to make any mistakes or do anything wrong. We also do not know if we should go with inland or outland. We do want to have the chance to appeal if we, for any reason, are denied. Also, my husband intends to stay here in Canada during the immigration process but if my husband has to return to the USA (i.e. because his application for extended stay is denied, etc.), we want to have the opportunity to have him safely return to Canada to be with me again without the chance of him being turned away at the border. This whole process has us very afraid that we will have to live apart and, as newlyweds, we love one another deeply and do not want to live apart.

Question #1:
Should we begin the immigration process now or should we wait and see about the application for the extension of his stay? We really do not know what we should do.

Question #2:
Should we go inland or outland? Which is better?

If you can provide me with any tips, advice, information that would be wonderful.

1. You can begin the sponsorship process now. You don't need to wait for the extension app to be processed.

2. Outland is the faster option and will allow your husband to leave Canada without risking the PR app.

 

[canuck_in_uk]

Please check into whether you need to let CIC know about the change in his status from single to married. If not done properly and when needed it can have very serious consequences.

A visitor doesn't need to let IRCC know that their marital status changed while in Canada.

 

[canuck_in_uk]

You may start sponsoring him. He would need to get his extension to stay in any case (even if he gets in the process of being sponsored. To stay in Canada till getting his PR he has to have a valid permission to stay).

You married too soon after his arrival and it could be a problem. He did not mention his intention to marry in Canada when he applied for visa at VO and then at the border. So this is a misrepresentation. You will need to make a very strong case to support your good intention. The illness of your sister could be one for getting marries unexpectedly soon but not his willingness to take care of her.

The marriage won't be a problem. OP's spouse is American, so not a Marriage of Convenience risk. He is visa-exempt, so he didn't apply for a visa, and he was not required to declare his intention of getting married to CBSA when entering the country. There was no misrepresentation.

 

[Regina]

Missed that that he is American.
However :

He was originally only granted a one month stay in Canada by the border)

So he still has to have TV to stay longer than one month.
being American does not exclude him from misrepresenting his intention. And it seems the " border" had its reason to allow him only 1 month stay instead of usual 6 months.

 

[Mahmoud_1]

Listening to what Canuk is saying, he has a very big point on what he was saying.....

The marriage won't be a problem. OP's spouse is American, so not a Marriage of Convenience risk. He is visa-exempt, so he didn't apply for a visa, and he was not required to declare his intention of getting married to CBSA when entering the country. There was no misrepresentation.

 

[canuck_in_uk]

Missed that that he is American.
However :

So he still has to have TV to stay longer than one month.
being American does not exclude him from misrepresenting his intention. And it seems the " border" had its reason to allow him only 1 month stay instead of usual 6 months.

As OP stated in their first post, he has already applied to extend his visitor status.

Again, there was no misrepresentation. People are not required to declare that they are coming to Canada to get married.

 

[TeAmoSweetheart]

As OP stated in their first post, he has already applied to extend his visitor status.

Again, there was no misrepresentation. People are not required to declare that they are coming to Canada to get married.

Thank you for all of the information. No misrepresentation was ever intended. We had originally thought that we might marry in the Autumn but because of everything going on in our lives, especially with my sister's failing health, and with only one month to be together (and time off from my work), we felt it best to marry at the soonest possible time.

We have a very deep, true love for one another and plenty of proof of our genuine, romantic, devoted relationship.

Today, we did inform the CIC of the change in marital status (from single to married) on the application to extend his stay. Not sure how this will affect everything. I just want to do everything correctly and I cannot afford the help of an immigration lawyer. I truly appreciate the help and info you have provided here. From my heart, I thank you. You are helping me not to feel as nervous about this process.