American to Canadian

[Sushi82]

My fiance and I are planning to get married soon. We never planned for a big wedding as a court house has always been our style. Currently, he lives in America (born and raised), and I am a born and raised Canadian. I currently do NOT make enough money to support 2 people on my own without the other one working (as is the way with minimum wage jobs today). I would NEED him to work in order for us both to make enough money to make a household income.

He does not have any trades. And we are wondering what the best option for us would to be and, which ways are acceptable or which ways we SHOULD NOT do things. We aren't looking for the 'easiest' we are looking for the best for our situation and in all regard to make sure we are doing things RIGHT.

We are not married yet.

We would plan to get married a more specific date when we find out which way would be the best way for us to go about having him come here to live with me. However, again, I can't afford to support us both (since I work for minimum wage), our best option would be for him to be able to work while he is here (the first day he is here), or he would have to end up staying in the states while filing for his PR (which I'm unsure is possible if we are/aren't married etc)

All of this does not mean we both do not intend to have a decent size amount of savings before the actual move in order to ensure we will be okay with all needed if it is just me working.

What everyone is telling us to do is to have him come over here, get married to me, and then file while he is in America and wait for it to be approved. However, I think I read somewhere that in order to go through with the spousal sponsorship, he would have to be living in Canada to apply and stay here. Is this true?

One of the bigger reasons we are waiting to see what is our best option is, before getting married, is to make sure that by getting married, we aren't, SOMEHOW going to screw something up or make things look suspicious or, I don't know (I think I've been watching too much 90 day fiance).

I guess I just need some help/answers. Everywhere else I have looked, people have waited their hand in the pocket to 'offer me information' and its always the same information I already knew without answering my questions. It has been a very difficult situation for me to be in, but I need some sort of action plan in order to keep my ducks in a row.

Anyways. I probably have left out some key information that I am not including, but if I am, I can always update.

Thanks for the help!

 

[scylla]

There are two basic options once you are married:

Outland: He can be outside of Canada when you apply to sponsor him. Process will likely take 6-8 months (could be more, could be less). He will be able to work and live in Canada once the application is approved and he is officially a PR.

Inland: This requires him to be physically in Canada when you apply and to remain in Canada while the application is processed. When you submit the inland application, you include an open work permit. The open work permit will be granted around four months after the full application package is approved. You would have to support him for the four months when you are waiting for the open work permit.

 

[Sushi82]

There are two basic options once you are married:

Outland: He can be outside of Canada when you apply to sponsor him. Process will likely take 6-8 months (could be more, could be less). He will be able to work and live in Canada once the application is approved and he is officially a PR.

Inland: This requires him to be physically in Canada when you apply and to remain in Canada while the application is processed. When you submit the inland application, you include an open work permit. The open work permit will be granted around four months after the full application package is approved. You would have to support him for the four months when you are waiting for the open work permit.

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So for the Outland one, does he have a certain amount of time after he is approved that he has to move to Canada? Or would he be able to move in a month's time after being told he can live and work there as a PR? I'm not looking for a year to the date of approval, but rather just knowing that if he needs another month to get his ties dealt with, he has that ability.

Thanks for taking the time to answer!

 

[scylla]

~~~~~~~~~~~~~~~~~~~~~~~~~

So for the Outland one, does he have a certain amount of time after he is approved that he has to move to Canada? Or would he be able to move in a month's time after being told he can live and work there as a PR? I'm not looking for a year to the date of approval, but rather just knowing that if he needs another month to get his ties dealt with, he has that ability.

Thanks for taking the time to answer!

He will have a certain amount of time (likely a few months) to 'land' in Canada and officially become a PR (this involves entering Canada and becoming a permanent resident). He doesn't have to move by that date. He just has to physically enter Canada.

 

[BackToOntario]

My husband was approved this month. We aren't planning to actually move until the summer, but we are going to do a "soft landing" in mid-April to get the ball rolling. Activate his PR status, get him a Social Insurance Number (plus change my name on mine, and get one for our daughter), open a Canadian bank account, etc.

We applied in August because of the "average" wait time of 12 months. Ours took way less time than that. So, we are just sitting on his approval and waiting until we are ready in June/July.

 

[Sushi82]

My husband was approved this month. We aren't planning to actually move until the summer, but we are going to do a "soft landing" in mid-April to get the ball rolling. Activate his PR status, get him a Social Insurance Number (plus change my name on mine, and get one for our daughter), open a Canadian bank account, etc.

We applied in August because of the "average" wait time of 12 months. Ours took way less time than that. So, we are just sitting on his approval and waiting until we are ready in June/July.

Thats wonderful news! I thought it would be longer for sure (and it still may be, but ours is pretty standard. we both have no ties, no childern, no debts, we are lucky in this regard) so It should be fairly mild in doing so.

Was your husband American? Not that I think it really makes much of a difference, then again, I'm uneducated in that regard.

 

[Sushi82]

He will have a certain amount of time (likely a few months) to 'land' in Canada and officially become a PR (this involves entering Canada and becoming a permanent resident). He doesn't have to move by that date. He just has to physically enter Canada.

So there is nothing wrong or what have you in the eyes of the Canadian Government to have him come over to get married, then him fly back and file his paperwork in America? I just don't want to do something that ends up making anything more difficult or seen as 'fraud'. I'm so paranoid to do something wrong.

 

[BackToOntario]

Thats wonderful news! I thought it would be longer for sure (and it still may be, but ours is pretty standard. we both have no ties, no childern, no debts, we are lucky in this regard) so It should be fairly mild in doing so.

Was your husband American? Not that I think it really makes much of a difference, then again, I'm uneducated in that regard.

He's American, I'm a dual citizen (have been in the US since 2004), our 9 yr old daughter is a dual citizen, we have been together over a decade so we had plenty of relationship "proof" to send.

TBH most of our photos that I sent in his application were drunken selfies, because we live in New Orleans, but they didn't question it. I sent those along to entertain them.
I suspect they were more interested in our marriage certificate/wedding photos, child's birth certificate, various joint accounts, and joint property ownership over the last 10+ yrs. Not that joint accounts/property is necessary, particularly as newlyweds living in different countries, but it probably made ours a more straightforward case and expedited things. They certainly had no reason to question the validity of our relationship.

 

[BackToOntario]

So there is nothing wrong or what have you in the eyes of the Canadian Government to have him come over to get married, then him fly back and file his paperwork in America? I just don't want to do something that ends up making anything more difficult or seen as 'fraud'. I'm so paranoid to do something wrong.

That's the more legal way to do it, really. While he could stay up to 6 months as a visitor, he has no legal right to stay in Canada longer than that. Getting married, and then leaving and filing from the US is perfectly fine.

If he ends up with a particularly thorough CBP officer, they may want to see proof of ties to the US to prove he does intend to return after the wedding. Paid return flight itinerary, proof of continued employment in the US, etc.

 

[Sushi82]

He's American, I'm a dual citizen (have been in the US since 2004), our 9 yr old daughter is a dual citizen, we have been together over a decade so we had plenty of relationship "proof" to send.

TBH most of our photos that I sent in his application were drunken selfies, because we live in New Orleans, but they didn't question it. I sent those along to entertain them.
I suspect they were more interested in our marriage certificate/wedding photos, child's birth certificate, various joint accounts, and joint property ownership over the last 10+ yrs. Not that joint accounts/property is necessary, particularly as newlyweds living in different countries, but it probably made ours a more straightforward case and expedited things. They certainly had no reason to question the validity of our relationship.

OMG They probably loved that. Still valid though!

Even though we have only been dating for a little over a year, we have plenty of proof of our relationship, that doesn't concern me at all. We have made trips back and forth and have dedicated a lot to each other, and again, have proof of that. He has made sure that he has all his debts paid off in the US before even had started saving money for the paperwork. Eventually, when we have the money saved up and set aside for all this (known as the 'paperwork fund' ) for his documents and whatever else we may need to put in his name as a PR, we will be getting a joint bank account and purchasing a 'new to us' vehicle etc, with names attached to it. We are still young and just both trying to start a life, and we want to do it together.

Did your husband/will your husband have to get a passport renewed from Canada? or do they require you to always have a passport renewed in the country you were born? Also, when you got married, did you end up changing your name to his last name? Was your passport in your maiden name? did you change it? I just renewed my passport for 10 years with my maiden name (obviously so I could go see him) and don't know if, when we get married, it will affect me going over to the USA in the future to visit his family IF I took his last name.

 

[Sushi82]

That's the more legal way to do it, really. While he could stay up to 6 months as a visitor, he has no legal right to stay in Canada longer than that. Getting married, and then leaving and filing from the US is perfectly fine.

If he ends up with a particularly thorough CBP officer, they may want to see proof of ties to the US to prove he does intend to return after the wedding. Paid return flight itinerary, proof of continued employment in the US, etc.

I understand. But if he tells the CBP officer the truth (which we always do) that he is going over to get married to begin the paperwork process to be a PR, but has all this proof that he is coming back, has a job in the states, etc, they would only deny him entry if he didn't provide or made it seem suspicious that he was going to stay here, correct?

 

[Sushi82]

He will have a certain amount of time (likely a few months) to 'land' in Canada and officially become a PR (this involves entering Canada and becoming a permanent resident). He doesn't have to move by that date. He just has to physically enter Canada.

Thank you! I appreciate your help!

 

[BackToOntario]

OMG They probably loved that. Still valid though!

Even though we have only been dating for a little over a year, we have plenty of proof of our relationship, that doesn't concern me at all. We have made trips back and forth and have dedicated a lot to each other, and again, have proof of that. He has made sure that he has all his debts paid off in the US before even had started saving money for the paperwork. Eventually, when we have the money saved up and set aside for all this (known as the 'paperwork fund' ) for his documents and whatever else we may need to put in his name as a PR, we will be getting a joint bank account and purchasing a 'new to us' vehicle etc, with names attached to it. We are still young and just both trying to start a life, and we want to do it together.

Did your husband/will your husband have to get a passport renewed from Canada? or do they require you to always have a passport renewed in the country you were born? Also, when you got married, did you end up changing your name to his last name? Was your passport in your maiden name? did you change it? I just renewed my passport for 10 years with my maiden name (obviously so I could go see him) and don't know if, when we get married, it will affect me going over to the USA in the future to visit his family IF I took his last name.

His US passport had a little over a year left, but once we realized we were getting close to the end of the process I got him to renew it early. I then sent a copy of the new passport to CIC for our file, so that everything would match when he lands in the Spring. We won't need to worry about renewing his passport for 10 more years. I'm guessing he can send in a renewal from within Canada, much like I have renewed my Canadian one from within the US, although I haven't researched that in depth.

We will still come down here to visit his family 2-3x/yr so we could always take care of things like that in person as needed.

I actually wasn't going to take his last name, but once our daughter started school I got annoyed with the last name confusion and did it. It makes life easier. So, a few years after we got married, I changed my SSN, driver's license, and eventually my US and Canadian passports (they just require the marriage certificate and photo ID to link everything together).

I probably would have waited on renewing both of my passports until closer to their expiration dates, but my American Airlines credit card is under my married name, and I used my points on a flight, forgetting the name on my card & my passport didn't match. The ticket was, of course, issued under the same name as my card, which didn't match my passport, and they wouldn't have allowed me on that international flight.
That forced my hand and I sent off the renewal & name change docs a little bit earlier than planned.

Basically, you don't *need* to change everything all at once, but things that you neglect to do will sneak up on you when you need them It's easier if everything matches so you don't need to remember what you have changed, and what you haven't changed.