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Son marrying a US citizen

Kim Morgan

Member
Nov 27, 2018
12
2
Hi,
Our son, Nathan, is engaged to a girl from the US. They plan to get married in May. They do not live together and won't until they are married. They will marry in the US. Do they cross the border and then apply for spousal sponsorship? What do they disclose at the border?
 

Jazzercise

Hero Member
Sep 25, 2018
252
99
Canada
Category........
FAM
App. Filed.......
26-10-2018
AOR Received.
10-11-2018
Med's Request
07-01-2019
Med's Done....
17-01-2019
What they say at the border will depend on their circumstances. Do know that your son and his soon-to-be wife can apply for inland or outland spousal sponsorship?

With inland sponsorship your son's wife must live with him in Canada. No big deal in this case. She can apply for an open work permit (OWP) along with permanent residency (PR), which will allow her to legally work in Canada while her PR application is processed. OWP takes 3-4 months to be approved, while PR is about 12 months. Note that her travel during this time should be avoided, though if she must exit Canada, it should be for only a short duration. I know a few people who have traveled while their inland applications have been processing and they haven't had issues. That said, they already had OWP and kept their trips short (no 1-2 month trips).

For outland sponsorship, the processing time for U.S. citizens is relatively short: ballpark 6 months, but could be less. She could live with your son in Canada as a visitor. However, she would not be able to apply for an OWP, so she should account for being out of work for maybe half a year. She could travel in and out of the country.

So what she says at the border depends might depend on the type of application. Obviously don't lie. Some are up front and say they're intending to apply (or already have applied ) for PR, some don't. It really depends on what the officer asks, and considering your daughter-in-law is a U.S. citizen, she's likely to receive very little scrutiny. This goes for air and land entry. I've done both with and without my partner. Even my "roughest" experience wasn't that bad - we simply happened to jump in the wrong line and got the officer who was giving literally everyone a hard time!
 
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Jazzercise

Hero Member
Sep 25, 2018
252
99
Canada
Category........
FAM
App. Filed.......
26-10-2018
AOR Received.
10-11-2018
Med's Request
07-01-2019
Med's Done....
17-01-2019
Thank you so much for such a thorough answer!
So she applies for the OWP and PR after coming here?
If your son and wife are going to apply inland, then yes.
 

canuck78

VIP Member
Jun 18, 2017
55,632
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The big issue is that she is a visitor initially so should not be moving all her belongings until she is more than a visitor.
 

Livy96

Full Member
Nov 27, 2018
23
0
Im the soon to be wife, so should we have any paper work or proof of applying for the application? Ive heard its good to pay the fees upfront and show at the border the receipt. Also we’ve been told that we should have a back ground check. Also many are suggesting that we have a visitors visa
 
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starnaenae

Champion Member
Aug 9, 2016
2,792
837
Category........
FAM
Visa Office......
Mexico
App. Filed.......
March 1 2017
Doc's Request.
March 27, 2017, July 10, 2017
AOR Received.
AOR 1:March 17 2017 AOR 2: May 10, 2017
File Transfer...
April 8, 2017
Med's Request
Upfront - PASSED
Med's Done....
December 12 2016
Interview........
NOT REQUIRED
Passport Req..
March 5, 2018
VISA ISSUED...
March 13, 2018
LANDED..........
April 30, 2018
Im the soon to be wife, so should we have any paper work or proof of applying for the application? Ive heard its good to pay the fees upfront and show at the border the receipt. Also we’ve been told that we should have a back ground check. Also many are suggesting that we have a visitors visa
on your other thread you didnt advise where are you from... as an american, you can cross using your passport, so no visitor visa is needed, however as you have been advised, ensure that you tell the truth, and dont move all your belongings.... you can pay your fees upfront if you wish to prove intent... again, suggest you review the checklist to see what documentation is required from you and get it before you leave the states, keeping in mind the validity period of the documents...
 

starnaenae

Champion Member
Aug 9, 2016
2,792
837
Category........
FAM
Visa Office......
Mexico
App. Filed.......
March 1 2017
Doc's Request.
March 27, 2017, July 10, 2017
AOR Received.
AOR 1:March 17 2017 AOR 2: May 10, 2017
File Transfer...
April 8, 2017
Med's Request
Upfront - PASSED
Med's Done....
December 12 2016
Interview........
NOT REQUIRED
Passport Req..
March 5, 2018
VISA ISSUED...
March 13, 2018
LANDED..........
April 30, 2018
to add, you being american, it makes more sense to apply outland. most are processed within 4-6 months... if not faster
 

np08

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Jan 13, 2015
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Category........
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Visa Office......
Mississauga, OT
App. Filed.......
Feb 09, 2018
AOR Received.
Mar 07, 2018
Med's Request
Aug 8, 2018
Med's Done....
Aug 13, 2018
LANDED..........
Dec 18, 2018
I didn't think we could apply outland because we are not legally married.
But you are going to get married? Once you get married, you can apply outland. You can remain in Canada as a visitor while it's being processed. The outland process tends to be much faster for Americans.
 

starnaenae

Champion Member
Aug 9, 2016
2,792
837
Category........
FAM
Visa Office......
Mexico
App. Filed.......
March 1 2017
Doc's Request.
March 27, 2017, July 10, 2017
AOR Received.
AOR 1:March 17 2017 AOR 2: May 10, 2017
File Transfer...
April 8, 2017
Med's Request
Upfront - PASSED
Med's Done....
December 12 2016
Interview........
NOT REQUIRED
Passport Req..
March 5, 2018
VISA ISSUED...
March 13, 2018
LANDED..........
April 30, 2018
I didn't think we could apply outland because we are not legally married.
once you are married, you can!! if you are common law you can apply now
 

BackToOntario

Star Member
Aug 18, 2018
91
33
I didn't think we could apply outland because we are not legally married.
You can't apply for a spousal sponsorship, inland or outland, until you are legally married. They will want proof of the relationship and all of the marriage documents. If you qualified as common law, that would also be an option, but if you aren't living together currently that wouldn't be valid.

Either way, you may want to download a checklist and start gathering documents, as it is a LOT of paperwork. Nothing too complicated, but can get tedious.

Outland will inevitably be faster (we are both living in the US, applied mid-August, and are almost at the end of our CIC adventures, I think) but Inland has the advantage of the applicant being able to live and work in Canada via the OWP while it's being processed.
 
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Jazzercise

Hero Member
Sep 25, 2018
252
99
Canada
Category........
FAM
App. Filed.......
26-10-2018
AOR Received.
10-11-2018
Med's Request
07-01-2019
Med's Done....
17-01-2019
You can't apply for a spousal sponsorship, inland or outland, until you are legally married. They will want proof of the relationship and all of the marriage documents. If you qualified as common law, that would also be an option, but if you aren't living together currently that wouldn't be valid.

Either way, you may want to download a checklist and start gathering documents, as it is a LOT of paperwork. Nothing too complicated, but can get tedious.

Outland will inevitably be faster (we are both living in the US, applied mid-August, and are almost at the end of our CIC adventures, I think) but Inland has the advantage of the applicant being able to live and work in Canada via the OWP while it's being processed.
Downloading a checklist is a good idea. Who knows, it might change slightly by the time you two apply (next year, correct?), but it'll at least give you a good idea of the type of stuff you're going to need to collect and provide for the application.

As you think about how to approach evidence gathering, determine what type of application you're going to submit. The notable positives and negatives of the outland and inland have been presented, so use those facts and weigh them against whatever desires and parameters you might have for yourselves. My partner and I went the inland route because it worked better for our situation, but for others, like BackToOntario, outland would be the way to go.

With regard to visas and police checks... You don't need apply for a visitor visa, just show up with your U.S. passport. You won't get a stamp, so assume you're good for 6 months. For a police check, first determine if you're applying inland or outland -- and maybe just do it once you're in Canada??? I doubt the border officer will ask to see anything like this. Anyway, the FBI identity history is very easy to complete regardless of whether you do it on your own or through an authorized third party (channeler). Both are quick, too.
 
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Livy96

Full Member
Nov 27, 2018
23
0
I don't have a lot to move as far as items. Just basic like clothes, some misc. items, and stuff from the wedding shower. How much should I not move with me?