Canadian marrying US (hopefully in Canada) then applying for outland

[mapleleafs2011]

I've done a bit of reading and research here but it's a bit hard to kind of search my exact situation I'm in. I've been with my girlfriend for over a year, and hopefully in the next year or two, we'd like to get married in Canada and then have her move here afterwards.

Here's some basic info to begin:
- Me (Canadian Citizen.)
- Girlfriend (American Citizen.)

What I would like:
- To marry in Canada
- Have the wife move to Canada (through outland application I guess is the best.)


Basically what I'm wondering, will this be okay?
- She would come to Canada on a visitors visa for a month or two.
- We get married, she returns back to the US,
- We then we apply for her sponsorship through the outland application process.

From what I've read so far.. she shouldn't mention anything about getting married to the immigration officers when entering Canada. When she returns and applies for the outland application, will this be okay with the fact she didn't tell the immigration officers she was getting married?

 

[Leon]

Sounds fine except she does not need to return to the US to apply outland. She can stay with you in Canada for up to 6 months as a visitor if you want. Before her visit status expires, she can either return to the US or apply to extend her visit status based on having applied for sponsorship and waiting for processing.

 

[lenardparnold]

Sounds good. Nothing wrong with not mentioning the plans for marriage.

Only thing I'd want to clarify is the second posters claim of being able to apply as an outlander while living in Canada.

If she went to Canada and got married and got some longer visas/extensions without returning, wouldn't she need to apply as an inlander?

I know that if she applies as an inlander that you need to make sure that she is able to stay in Canada until she is approved.

 

[Leon]

She always has the right to apply outland, regardless of where she is staying. If she did apply inland, it is true that she would have to stay in Canada. It is a requirement of inland that the person is living in Canada. It is not even recommended to leave Canada for a short trip because in case she is refused entry to get back, her application and waiting time for inland would be out the window.

 

[lenardparnold]

Thats interesting. i dont understand why anyone would apply inland then if inland puts all the stress with needing to stay in Canada and the processing times aren't any shorter

There must be something I'm un-aware of.

 

[Leon]

There are advantages to inland in some cases. For example when the person is from a country where the outland processing time is very long or they are already in Canada on a work or student visa and therefore not in a hurry. In that case, they might value it more being able to stay in Canada rather than possibly having to make a long and expensive trip to their homeland for a possible interview. Also if the sponsored spouse is pregnant and would have problems travelling to the homeland in case an interview was required. There are also many people who apply inland because they think that they must apply inland if they are in Canada.

 

[Dayanara]

You can mention getting married, that is no issue really. My hubby when he crossed said he was going to his wedding and then on his honeymoon. He was waved right on through, not even asked when he would be returning.

 

[matthewc]

Thats interesting. i dont understand why anyone would apply inland then if inland puts all the stress with needing to stay in Canada and the processing times aren't any shorter

There must be something I'm un-aware of.

Leon mentioned some of the reasons. The most common one is that people simply don't know they can apply outland even though they're in Canada. That's totally CIC's fault for not making it clear on the website.

Also, and importantly, the spousal public policy allows inland spouse/common-law partner applications from out of status foreign nationals. That means if you're in Canada, have overstayed or worked illegally, but are otherwise in a legitimate, qualifying relationship with a Canadian, the inland route gives you a way to normalise your status, and gives some protection from the fact that you're "sticking your head up" by letting CIC know you're still in Canada illegally. You can still remain in Canada, without a high risk of being removed. If you applied outland in that situation it's possible CIC might initiate removal proceedings against you.

 

[mapleleafs2011]

Thanks for the reply. She would most likely return to the US to work 6-12 more months.

During this time we would be able to visit each other as long as we have papers that show us ties to our home country correct?

 

[matthewc]

Absolutely. Having a PR application in progress doesn't prevent either of you from visiting back and forth. It's a good idea to carry proof you've submitted the app, in case they ask (e.g. the fees receipt, or a copy of the sponsorship approval from CPC-Mississauga after you get the).

 

[mapleleafs2011]

One last thing, I live in Vancouver.

I'd like to settle in Toronto after she gets approval/moves to Canada. There should be no issues with switching residences correct?

 

[Leon]

No, there should be no issues. However, think about that if you stay for say a month in Vancouver after she gets PR and then move to ON, she will have no health care yet and will have to wait another 3 months in ON before she gets OHIP. Better stay in BC until she has MSP coverage and then you will both be covered by MSP when you move.