Canadian sponsoring American

[jeff198901]

I am a 26 year old Canadian male and I am looking into sponsoring a 23 year old American female. We are going to apply outland, we know this for sure.

I am just wondering, how difficult the process is?
How long has it taken for people to be granted PR after they have all of their papers submitted?

Also, this was the main question i had and it may seem stupid.... Will we be allowed to apply for a marriage license in Canada since she is American? I have read on the city of Kingston Ontario's website that a "citizenship card" or Permanent Residency Card" are proof for identification, which confused me. I was under the impression that there was no Visas or anything needed for an American to get married to a Canadian in Canada?

Also, what is it like for an American to travel to Canada while her PR papers are being processed?

Thank you!

Jeff

 

[setec-astronomy]

The ones I can speak to:

I am just wondering, how difficult the process is?

How long has it taken for people to be granted PR after they have all of their papers submitted?

Also, what is it like for an American to travel to Canada while her PR papers are being processed?

1. It's not that difficult, but it's nerve-wracking. Mostly a matter of trudging through paperwork, being patient, and being confident that if questions are raised you will be able to address them.

2. A month and a half to two months for Americans in the last couple of months. I would expect that to slow down, though, as it seems to coincide with the hiring of a bunch of new people who are not yet backlogged. Last year I would have said 6-9 months. A few months ago I would have said 4-6 months. Right now I'd say, barring any specific issues, 2-4 months.

3. Unremarkable unless there are any reasons given or suspicions raised of an intent to overstay, or of seriously weak ties to the United States. If you can navigate CBSA without an application underway, you can do it with an application underway. Just don't say something like, "oh, we're going to live together now, we've cut all ties to the US!" Don't give them that impression or let them think of it. Some people report that carrying receipts from the application, or even just having an application underway, can reassure them that you're doing things the right way and are invested in the process and won't overstay or violate terms of admission. Personally, I wouldn't bring it up unless they ask, but I have always been prepared to explain in detail and offer reassurances.

Good luck! The hardest thing is getting your application in as quick as possible, and then dealing with the waiting, which is awful even if it's just for a month or two.

 

[jeff198901]

The ones I can speak to:

1. It's not that difficult, but it's nerve-wracking. Mostly a matter of trudging through paperwork, being patient, and being confident that if questions are raised you will be able to address them.

2. A month and a half to two months for Americans in the last couple of months. I would expect that to slow down, though, as it seems to coincide with the hiring of a bunch of new people who are not yet backlogged. Last year I would have said 6-9 months. A few months ago I would have said 4-6 months. Right now I'd say, barring any specific issues, 2-4 months.

3. Unremarkable unless there are any reasons given or suspicions raised of an intent to overstay, or of seriously weak ties to the United States. If you can navigate CBSA without an application underway, you can do it with an application underway. Just don't say something like, "oh, we're going to live together now, we've cut all ties to the US!" Don't give them that impression or let them think of it. Some people report that carrying receipts from the application, or even just having an application underway, can reassure them that you're doing things the right way and are invested in the process and won't overstay or violate terms of admission. Personally, I wouldn't bring it up unless they ask, but I have always been prepared to explain in detail and offer reassurances.

Good luck! The hardest thing is getting your application in as quick as possible, and then dealing with the waiting, which is awful even if it's just for a month or two.

when you say you expect it to slow down, do you mean you expect it to start taking a little more time?

 

[setec-astronomy]

when you say you expect it to slow down, do you mean you expect it to start taking a little more time?

That is right. However, IRCC/CIC does not necessarily operate according to my expectations Still, I think if you tell yourself 2-4 months from them receiving a complete application, you're unlikely to be disappointed, if you can get that complete application in in the near future. You might even get a pleasant surprise.

 

[jeff198901]

That is right. However, IRCC/CIC does not necessarily operate according to my expectations Still, I think if you tell yourself 2-4 months from them receiving a complete application, you're unlikely to be disappointed, if you can get that complete application in in the near future. You might even get a pleasant surprise.

Before i can sponsor her as my wife, we will need a marriage certificate, correct?

 

[jeff198901]

Also, is this something that requires a lawyer? or can the average couple work through this own their own?

 

[jeff198901]

One last post, Are we eligible for a marriage license in Canada if she is American?

 

[Alurra71]

One last post, Are we eligible for a marriage license in Canada if she is American?

provided she is eligible to be married, then yes. Check with your province though as some have different requirements of proof, especially if she has been married previously ... I mean at 23 the odds are low, but one can never know for sure

Also, to your other question, no, you don't really want or need a lawyer unless you or she forsee some criminality issues. Otherwise, most folks can muddle through it on their own

 

[jeff198901]

provided she is eligible to be married, then yes. Check with your province though as some have different requirements of proof, especially if she has been married previously ... I mean at 23 the odds are low, but one can never know for sure

Also, to your other question, no, you don't really want or need a lawyer unless you or she forsee some criminality issues. Otherwise, most folks can muddle through it on their own

She has a DUI that was dismissed and we have already have a Canadian Immigration Lawyer put together a legal opinion letter for her explaining why she is admissible to Canada (she has visited Canada since it was dismissed and according to the lawyer it is not an issue)

 

[jeff198901]

provided she is eligible to be married, then yes. Check with your province though as some have different requirements of proof, especially if she has been married previously ... I mean at 23 the odds are low, but one can never know for sure

Also, to your other question, no, you don't really want or need a lawyer unless you or she forsee some criminality issues. Otherwise, most folks can muddle through it on their own

and we are in ontario

 

[Alurra71]

She has a DUI that was dismissed and we have already have a Canadian Immigration Lawyer put together a legal opinion letter for her explaining why she is admissible to Canada (she has visited Canada since it was dismissed and according to the lawyer it is not an issue)

ERPPPP!

The lawyer is likely very very wrong.

You're going to need to answer the question on the application about being arrested or charged. She WILL need to disclose the DUI. Assuming she was arrested and then charged before the dismissal, it is still going to be a big pain in the arse to deal with. DUI in Canada is a criminal offense and one of the biggest thorns in many folks side.

I don't know how to tell you to proceed from here because that is going to be an issue for you. I would wait and see if others, who have been affected by such a thing, have any answers.

 

[jeff198901]

ERPPPP!

The lawyer is likely very very wrong.

You're going to need to answer the question on the application about being arrested or charged. She WILL need to disclose the DUI. Assuming she was arrested and then charged before the dismissal, it is still going to be a big pain in the arse to deal with. DUI in Canada is a criminal offense and one of the biggest thorns in many folks side.

I don't know how to tell you to proceed from here because that is going to be an issue for you. I would wait and see if others, who have been affected by such a thing, have any answers.

The lawyer who wrote it for us specializes in Canadian Inadmissibility and specializes in Americans Travelling to Canada with a DUI. It was dismissed in a Conditional Discharge that is almost identical to a Canadian conditional discharge. We have a 29 page legal opinion letter that compares the states laws and Canadas laws. He said it will not be an issue. I also talked to 6-7 other lawyers who specialize in the same thing and they say the same.

 

[Alurra71]

The lawyer who wrote it for us specializes in Canadian Inadmissibility and specializes in Americans Travelling to Canada with a DUI. It was dismissed in a Conditional Discharge that is almost identical to a Canadian conditional discharge. We have a 29 page legal opinion letter that compares the states laws and Canadas laws. He said it will not be an issue. I also talked to 6-7 other lawyers who specialize in the same thing and they say the same.

The unfortunate side effect is that it is STILL a DUI and will need to be dealt with on CIC's terms.

I would suggest you read here because even a conditional discharge can make her inadmissible to Canada.

Maybe rather than rely on them and find out the hard way they are not correct in their assessment you should try this and use the "For information only" option to see what they say. At least then you'll know exactly where CIC stands on her charge.

 

[jeff198901]

I am aware it is something that will need to be dealt with, the lawyer said that himself. He said he has had numerous clients in the same situation and none have been denied. He said it just something that needs to be very carefully explained when applying for PR. In the mean time this is what the legal opinion letter does for traveling.

 

[jeff198901]

Anyone else?