Marrying and Sponsoring U.S spouse

[Devmoo]

Hi guys, I need a little advice as all of this seems a little confusing. My girlfriend of 5 years has been here since February (about 5 months) and I'm sure her Visitor visa is almost expired. I plan to marry her before this happens, as I don't want her to go back and want to be with her.

I've been told I have a few options (inland and outland), my co-worker recommended inland, as apparently, she can stay with me and also get an open work permit, but apparently cannot leave for possibly a few years. I also heard the work permit is not guaranteed and is a separate app?

Basically what would be my best option is she is: 5 months into a visitor, I want her to stay with me (will marry her before the visitor expires), and hopefully, she can have an open work permit? What is the best way to obtain that in my situation? We would like her to see her parents in December but looks like inland would keep her here, that's okay if it HAS to be that way.

Thank you!

 

[Bagofnails]

How long have you been living together in those five years?

 

[Devmoo]

How long have you been living together in those five years?

About 8 months in total, she visited a couple times every year for about 1 month a time.

 

[Bagofnails]

This sounds tricky. I thought I might be able to advise, but I will leave it to the far more knowledgeable folks around here.

Sorry.

 

[bian07]

You should apply for a visitor record before her current stay expires, so she does not lose her visitor status. The pr application will need some time because you need to gather a lot of documents, which takes a while especially now with covid. She cant just stay here because you marry her, she has to apply for an extension and then you apply for permanent residency. An open work permit application can be included with the permanent residency application.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html

You should check out this link to get some more information

 

[Devmoo]

You should apply for a visitor record before her current stay expires, so she does not lose her visitor status. The pr application will need some time because you need to gather a lot of documents, which takes a while especially now with covid. She cant just stay here because you marry her, she has to apply for an extension and then you apply for permanent residency. An open work permit application can be included with the permanent residency application.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html

You should check out this link to get some more information

Hi Bian, thanks for the reply. That makes sense,
1. I'm assuming the "permanent residency" is the spousal sponsorship correct?
2. I need time to prepare the documents, she must be on visitor while I do that even when married through the court?
3. While I apply for the spousal, can I also apply for open work permit?

What's the reason that I can apply for extra visitor time for her? Would there be a chance of rejection? Do I mention that we married and need time for the documents?

Thank you

 

[bian07]

1) yep
2) if you do not extend her stay then she has no status in canada, you marrying her does not give her the right to stay. It only gives her you as husband(or wife idk)
3) if you apply inside Canada you can, but for that she needs to have status. Technically you could sponsor her for permanent residency with her out of status, but if you want the work permit then she needs to be in status.


There is always a chance of rejection when you apply for anything immigration related. But yeah you can basically explain you married and are waiting for documents to apply for her permanent residency.

 

[Devmoo]

1) yep
2) if you do not extend her stay then she has no status in canada, you marrying her does not give her the right to stay. It only gives her you as husband(or wife idk)
3) if you apply inside Canada you can, but for that she needs to have status. Technically you could sponsor her for permanent residency with her out of status, but if you want the work permit then she needs to be in status.


There is always a chance of rejection when you apply for anything immigration related. But yeah you can basically explain you married and are waiting for documents to apply for her permanent residency.

Thanks for the help, so when you say (she need status) you're referring to her being on a valid visitor visa correct? I will explain we are married waiting for the process.

Thanks

 

[Devmoo]

One last question, is an extension CAUSE we're going to get married enough, or will they need proof that we are actually indeed married?
Thanks

 

[primaprime]

One last question, is an extension CAUSE we're going to get married enough, or will they need proof that we are actually indeed married?
Thanks

The reason is less important than making it clear she will respect the conditions of her visitor status (no working, no overstaying).