american-mexican same sex couple obtaining work permits at POE

[ASashaS]

hi,

I am a US citizen, who is in a same sex marriage with a Mexican citizen who does not have residency in USA, but is currently holding a tourist visa, with a permit to stay in the USA until next summer. We got married in Mexico last year, and have a marriage certificate.

As the USA does not recognize marriages like ours for immigration purposes, we decided to try to move to a country that does. I recently accepted a job offer in Canada, and since this is under the "NAFTA agreement", I was instructed by my future employer to simply go to a Point of Entry (POE), with all of the required documents, and that I would be granted my work permit right there. So far so good. When I asked about my spouse, they didn't know how that would work exactly.

I believe, but I am not sure, that she should be able to come with me to the border/POE, and get an open work permit. However, I am not completely sure, and I am having the hardest time finding information for bi-national couples like us.

I would appreciate any feedback, or advice!

thank you in advance

 

[Hols]

Hi ASashaS

Unfortunately I do not have any information although I did find this..

Same-Sex Marriage (Gay and Lesbian Marriage):
Same-sex marriage is legal in Canada. Citizenship and Immigration Canada (CIC) allows you to apply as a spouse if your sponsor is a Canadian citizen/permanent resident. This only applies if you get married in Canada. For more information, check Same-Sex Immigration for Gay and Lesbian.

www .borderconnections .com/ marriage-immigration .html

If you find the information please repost for others that may be in your situation and I hope this helps, good luck.

Holly

 

[ASashaS]

Here is an update to our situation. I went to the POE with my, and my spouse's documentation hoping to get work permits for both of us. However, that didn't work. I got my work permit within 15 minutes without any problems. But my wife, since she is from Mexico, had to apply differently.
She applied online for an open work permit. Since she has a USA tourist VISA until end of June, she applied to an office in USA. As part of the application we provided: a scan of our marriage certificate for Mexico, with apostle and translation; a scan of my USA passport and Canadian work permit; a scan of my spouse's Mexican passport and USA tourist VISA and permit
After less than 4 weeks, she received a letter (online) saying that a decision has been made and requesting that she send in her passport:
"Passport requirements
• Please provide your passport or travel document, with a copy of this letter.
• There must be at least one blank page in your passport.
• Your passport must be valid for the duration of your expected length of stay in Canada.
• Please note that we cannot issue a visa beyond the expiry date on the passport."

She sent the passport to LA office, and we are now in week 2 of waiting for the passport to come back with the permit.

 

[Hols]

That is great news, let us know how you both get on if you don't mind Where in Canada are you both looking to settle?

 

[ASashaS]

Hi,

Here is an update to how it all worked out for us. After about 3 weeks after sending the passport to the VISA office (we sent it to the office in LA), she got the passport back with the VISA, along with a letter that said that her work-permit application was approved, and that she should take the letter to the border, and get her work-permit there.
She came to Canada the very next day, and got her open work-permit

Basically after 7 weeks from the date when she applied online, she got her visa and work-permit.

She applied from Seattle WA, and we now live in Vancouver BC, and so far, we are loving it.

We are learning a lot about Canada, and of course there are cons as well as pros (anybody know of a country where there are no cons??), but our expectations are being met, and we are happy. It is just great that we are not only recognized, but granted full rights as any other couple.


GO CANADA!