Bring my USA fiance over here to Canada. Advice Needed

[lookingforinfo]

Hi, I have recently been doing a little more research into this as somebody has told me that what I've been assuming for a while is incorrect.
Here's the situation: I live in Canada, and my Fiance lives in the states. We aren't currently married. What we would like, is for her to come up here, get married (not have a ceremony, but just get married by a justice of the peace) and then start the PR/Work Permit process as a spousal sponsorship.
What I have previously been told is to basically have her come here as a visitor, and then do all the aforementioned things, but I have also been told, that that is the incorrect way to do things, as it is possibly illegal, so I am looking for advice on the proper method to go through with all this.

From what I have read, it seems like I would want her to come here with dual intent (?). To get married and then file for PR/Work permit as spousal sponsorship. Is this correct? From what I have been reading, I don't see too much info about claiming dual intent to get married and then move here, usually I just see posts about people that are already married.

Thanks in advance for any information you can give me. If you need any more info, I will be happy to share what I can. Thanks again!

 

[canuck_in_uk]

Hi

There is nothing illegal about coming here to get married and apply for PR.

She would be entering as a visitor, not coming to live here. Don't actually mention dual intent. If CBSA questions her further, she can simply state that she is coming to get married and you will be applying for sponsorship.

DO NOT apply inland. Outland for Americans is averaging about 6 months right now, with many apps being processed faster than that. She can be in Canada while an outland app processes.

 

[lookingforinfo]

Thanks for the advice, I really appreciate it!

 

[simpsol22]

Hi

There is nothing illegal about coming here to get married and apply for PR.

She would be entering as a visitor, not coming to live here. Don't actually mention dual intent. If CBSA questions her further, she can simply state that she is coming to get married and you will be applying for sponsorship.

DO NOT apply inland. Outland for Americans is averaging about 6 months right now, with many apps being processed faster than that. She can be in Canada while an outland app processes.

I second that---apply Outland....I applied inland and it's been 12 months and 1 day since they got my app and still waiting. Took me a total of 10 months to get my OWP (4 months) and find a job (6 months)...would have had PR in that time if had I applied Outland.

Note that if you apply outland, you cannot obtain the work permit via spousal sponsorship---but the 4 month wait to get the OWP, is about the same to get PR via outland in comparison to the Inland wait.

When she crosses the border into Canada she can request a Visitor Record from CBSA. Since USA is visa exempt, they issue visitor records as a way to show you are in compliance and build trust (words of the nexus officer that made me get one--since I crossed too often). Gives a status for however long they issue. When they learn you will apply for Spousal Sponsorship, they should allow for a 1-year visitor record.

 

[canuck_in_uk]

When she crosses the border into Canada she can request a Visitor Record from CBSA.

She should not request a visitor record when she enters, as she will not have a PR app in process or even be married to her Canadian partner at that point.

 

[lookingforinfo]

hmm ok thanks again. I have a few follow up questions.

Lets say that me and my fiance get married in 3 months and then she goes back. Now a few months after that is when we want to get this rolling. At this point if she is my spouse at this point, should she ask for this visitor record (even though we haven't started the PR request yet)? I have heard a few people tell me that doing it outland is better, but the website claims that average wait time for outland right now is still 12 months. If she does inland and gets the work permit, I have no worries that she wouldn't be able to find some job as she has a decent amount of connections. My big worry is that I'd like her to get this work permit so that she is able to have provincial health insurance and the like. Just me being worried I suppose.

The reason I ask this, is because to me it seems like things at the borders would be much "smoother" per-se if she was already my wife, rather than her being my fiance.

Also, lets say for whatever reason we decide to do inland, and get the work permit. Does the work permit supersede the visitor visa? As in, once she has the work permit, she isn't required to leave the country when her visitor visa is up, or would she still have to leave and come back? Also, would the work permit basically last until she gets her PR?

Sorry for all the questions. Any info you can give me would be very helpful. Thank you

 

[CDNPR2014]

hmm ok thanks again. I have a few follow up questions.

Lets say that me and my fiance get married in 3 months and then she goes back. Now a few months after that is when we want to get this rolling. At this point if she is my spouse at this point, should she ask for this visitor record (even though we haven't started the PR request yet)? I have heard a few people tell me that doing it outland is better, but the website claims that average wait time for outland right now is still 12 months. If she does inland and gets the work permit, I have no worries that she wouldn't be able to find some job as she has a decent amount of connections. My big worry is that I'd like her to get this work permit so that she is able to have provincial health insurance and the like. Just me being worried I suppose.

The reason I ask this, is because to me it seems like things at the borders would be much "smoother" per-se if she was already my wife, rather than her being my fiance.

Also, lets say for whatever reason we decide to do inland, and get the work permit. Does the work permit supersede the visitor visa? As in, once she has the work permit, she isn't required to leave the country when her visitor visa is up, or would she still have to leave and come back? Also, would the work permit basically last until she gets her PR?

Sorry for all the questions. Any info you can give me would be very helpful. Thank you

first thing to know is the times listed on the cic website for outland processing are NOT averages, and do not reflect what actual applicants face. as already mentioned, US OUTLAND Applicants are getting fully approved and landed as pr's in 4.5-6 months TOTAL. The time posted online suggests 80% of applications are processed WITHIN 12 months. This means a majority of applicants are actually processed in less time than what is posted. Go to the US specific thread to see how quickly people are getting through the process - DO NOT LET THE TIME LISTED ONLINE CONVINCE YOU TO APPLY INLAND. THERE IS NO REASON FOR US CITIZENS TO APPLY INLAND.

http://www.canadavisa.com/canada-immigration-discussion-board/us-outland-applicants-thread-t106068.7155.html

After getting married, your wife has the right to come up to canada and visit. she needs to understand she will not have the right to "live in" or "move to" canada until she is approved for pr, regardless of if she is married to a canadian. Until she becomes a PR she can only visit. yes CBSA can be more lenient to visitors who are married to Canadians, but this doesn't mean the visitor doesn't need to prove they have something to go back to, if asked about it. It is recommended to have proof of ties to the us as well as proof of intentions of submitting or a submitted PR application.

I do not recommend asking for a visitor's record. IMO, there is no need to. If they feel she is a legit visitor, she can get in without needing it recorded and if she wants to extend her stay, she can apply online to do it. There are others that suggest asking for a visitor's record is a good idea. I have never understood this as it basically is asking to be put on CBSA's radar and having them track your stay, when you can legitimately enter without any stamp or record. To each their own though. if you feel it's "safer", by all means ask to be put in the system. My advice is to be prepared, don't ask for a visitor's record and let THEM tell you it's necessary.

 

[lookingforinfo]

I think you guys might have sold us on outland application. Again I really appreciate all your help! Thanks so much for all the information!

 

[Aquakitty]

first thing to know is the times listed on the cic website for outland processing are NOT averages, and do not reflect what actual applicants face. as already mentioned, US OUTLAND Applicants are getting fully approved and landed as pr's in 4.5-6 months TOTAL. The time posted online suggests 80% of applications are processed WITHIN 12 months. This means a majority of applicants are actually processed in less time than what is posted. Go to the US specific thread to see how quickly people are getting through the process - DO NOT LET THE TIME LISTED ONLINE CONVINCE YOU TO APPLY INLAND. THERE IS NO REASON FOR US CITIZENS TO APPLY INLAND.

http://www.canadavisa.com/canada-immigration-discussion-board/us-outland-applicants-thread-t106068.7155.html

After getting married, your wife has the right to come up to canada and visit. she needs to understand she will not have the right to "live in" or "move to" canada until she is approved for pr, regardless of if she is married to a canadian. Until she becomes a PR she can only visit. yes CBSA can be more lenient to visitors who are married to Canadians, but this doesn't mean the visitor doesn't need to prove they have something to go back to, if asked about it. It is recommended to have proof of ties to the us as well as proof of intentions of submitting or a submitted PR application.

I do not recommend asking for a visitor's record. IMO, there is no need to. If they feel she is a legit visitor, she can get in without needing it recorded and if she wants to extend her stay, she can apply online to do it. There are others that suggest asking for a visitor's record is a good idea. I have never understood this as it basically is asking to be put on CBSA's radar and having them track your stay, when you can legitimately enter without any stamp or record. To each their own though. if you feel it's "safer", by all means ask to be put in the system. My advice is to be prepared, don't ask for a visitor's record and let THEM tell you it's necessary.

The time to ask for a visitor's record is if you are going back and forth a lot and have an app in process, otherwise it's unnecessary.

 

[lookingforinfo]

The time to ask for a visitor's record is if you are going back and forth a lot and have an app in process, otherwise it's unnecessary.

oh ok, that makes sense. Thanks!

 

[CDNPR2014]

The time to ask for a visitor's record is if you are going back and forth a lot and have an app in process, otherwise it's unnecessary.

yes, that makes sense, and I can totally back that reasoning - this will certainly help eliminate suspicion by CBSA. otherwise, i don't get why people insist on asking for one.