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From US to Canada: spousal sponsorship

Lmac4

Star Member
Jan 23, 2018
67
27
Hello,
Currently a Canadian on a TN visa working in America. My fiancée and I just got engaged..
1) Am I allowed to get married here without it effecting my visa
2) After married, looking to begin the process of applying for outbound spousal sponsorship... do you recommend a lawyer?
3) How long with outbound spousal sponsorship take, based on experience? (Website says 8-12 months)
4) Can we apply for a work permit during the time of waiting for spousal sponsorship to be approved.

Any input is greatly, greatly appreciated about going about this the correct way!
Thank you all!:)
 

scylla

VIP Member
Jun 8, 2010
95,007
21,595
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
1) You should post this question to a US immigration forum.
2) No - most of us here have done it ourselves. No need for a lawyer.
3) That's about right - although it could be less.
4) No. Open work permits are only available if you are both physically living in Canada and apply inland.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,164
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Hello,
Currently a Canadian on a TN visa working in America. My fiancée and I just got engaged..
1) Am I allowed to get married here without it effecting my visa
2) After married, looking to begin the process of applying for outbound spousal sponsorship... do you recommend a lawyer?
3) How long with outbound spousal sponsorship take, based on experience? (Website says 8-12 months)
4) Can we apply for a work permit during the time of waiting for spousal sponsorship to be approved.

Any input is greatly, greatly appreciated about going about this the correct way!
Thank you all!:)
1) sorry - I don't know
2) not required if the application is not complex, such as admissibility issues etc.
3) assume that the website is correct. Statistics are not a great help but that timing seems reasonable.
4) not as part of the sponsorship. It would be the same rules as any other temporary foreign worker visa.
 

Lmac4

Star Member
Jan 23, 2018
67
27
Thank you so much
1) You should post this question to a US immigration forum.
2) No - most of us here have done it ourselves. No need for a lawyer.
3) That's about right - although it could be less.
4) No. Open work permits are only available if you are both physically living in Canada and apply inland.
Thank you so much for your reply, where would I find the US immigration forum??
You guys seem like a great community to help people maneuver through this process!- So NO lawyer fees is great news:)
And I have to be IN Canada to be able to get the work permit, so once we move back- application is in, then he can apply for the work permit?
 

scylla

VIP Member
Jun 8, 2010
95,007
21,595
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you so much


Thank you so much for your reply, where would I find the US immigration forum??
You guys seem like a great community to help people maneuver through this process!- So NO lawyer fees is great news:)
And I have to be IN Canada to be able to get the work permit, so once we move back- application is in, then he can apply for the work permit?
Google "US immigration forum" - there are a number of them.

No - you will not be able to apply for a work permit once you move back. To qualify for a work permit you must apply for PR using the inland process. To apply inland, both of you must be in Canada.
 

Lmac4

Star Member
Jan 23, 2018
67
27
Google "US immigration forum" - there are a number of them.

No - you will not be able to apply for a work permit once you move back. To qualify for a work permit you must apply for PR using the inland process. To apply inland, both of you must be in Canada.

So there is no opportunity using the outland process? It strictly has to be done through the inland process? So no hopes in gaining a work permit?
Once he is accepted and approved for spousal sponsorship will he be able to work?
 

scylla

VIP Member
Jun 8, 2010
95,007
21,595
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Once again...

Open work permits are only available if you apply inland. To apply inland both of you must be living in Canada.

No open work permit is available if you apply outland. He will only be able to work once the entire application has been processed and approved, and he has "landed" in Canada and officially become a PR.
 

Lmac4

Star Member
Jan 23, 2018
67
27
Once again...

Open work permits are only available if you apply inland. To apply inland both of you must be living in Canada.

No open work permit is available if you apply outland. He will only be able to work once the entire application has been processed and approved, and he has "landed" in Canada and officially become a PR.
Thank you so much for your help! I'm sure I will have 23094234 more questions once I begin the application! Much appreciated
 

jordo

Hero Member
Apr 27, 2014
472
159
Regina, SK
The community here maintains records of individual spousal sponsorships in various spreadsheets as couples self report times and dates between the various steps towards approval. In my signature is the April Outland one. It includes all applicant countries, but unless there are any complications, US outland apps are being processed in Mississauga (CPC-M).

The other tabs in the spreadsheet also include other Nice to Know information too.
 

Lmac4

Star Member
Jan 23, 2018
67
27
1) You should post this question to a US immigration forum.
2) No - most of us here have done it ourselves. No need for a lawyer.
3) That's about right - although it could be less.
4) No. Open work permits are only available if you are both physically living in Canada and apply inland.
Hi Scylla,

Question/need some advice!
I just have a few questions in regard to the INLAND VS. OUTLAND options. As previously stated, I am currently on a TN visa in America with my American fiancée. Ultimately, I don't care how long this whole process takes... my goal was to be back in Canada in the 2018, I ultimately don't see that happening anymore. But my main hopes is to move back to Canada ASAP, and have my fiancée working ASAP.

Based on your experience, what would be the better option.. inland or outland?

1) Is it better to head back to Canada, do an inland application, as well as (apply for a visit visa extension, and an open work permit) all at once- based on your advice above... wait for the first stage approval so we can get the work permit at the same time (hopefully 6-8 months)
2) Wait, stay in America - (I am on a Visa here), while we both work, do the outland application (have it be done a little sooner), so when we move back to Canada he can begin work right away?

Just looking for some more insight on the two options considering we are together in America, and both working...