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ahammond

Newbie
Jul 9, 2010
6
0
Hello!

I am a Canadian Citizen who met my now fiance in rochester new york. She lives in Iowa, and we are wanting to move to Canada. We are getting married about
a year and a half from now and I wanted to get the immigration stuff done asap...i know its a decently long process, but is there a way that we can do it so
i dont have to apply as a spouse when we are married?

I'd like to live together when we get married!! (im sure everyone does)

Thank you very much
 
Re: Conjugal Partner, engaged to american please help

okay maybe not conjugal...but id like to live together after we get married and not wait a year...what is the best way to go about it
 
Re: Conjugal Partner, engaged to american please help

Hi,

There is not a "fiance" class for immigration to Canada. Conjugal partners is a category for people who can not legally marry and have an immigration barrier to satisfying common law co-habitation requirements. It is possible for US/CAN hetero couples to be approved in the conjugal class (I did last year) but it is a difficult class in which to get approval. If you are intending to marry and/or can marry you are expected to by immigration officers before applying.

One possible option is common law- she comes to Canada as a visitor for 6 months to live with you, applies to extend her status for another 6 months, then you would qualify as common law partners after one year of continuous co-habitation. Her PR app may be approved by about the time you intend to marry. As a visitor though she will not be able to work or attend school (leading to a degree or certificate) while she is here.

Another option is to prepare your spousal application prior to the marriage and submit it as soon as you get your marriage certificate. Wait times vary, but I think it is possible to get approved with a straight forward and complete outland application in a little less than a year.

You'll find some helpful reading here.
http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf


Best wishes,
Allison
 
can she obtain PR or temproary residency or something before we get married? like what if i have my own apartment and she lives with my parents?
 
I am in a similar situation, as I am also from Rochester and married a Canadian. Unfortunately, the right of living together after you get married is not automatically granted by immigration, so I, and probably everyone else on this forum, feel your pain.

Probably, the best way would be to get married first, and it would be best if you got married in the U.S. This is because when you show up at the border, you are going to want to have your marriage certificate available to at least prove that you are, indeed, married. In addition it would not hurt to have also paid the application fees (you can pay them online via the website) and show up at the border with the receipt. Maybe get most of it done and filled out. (also might want to have FBI checks done soon, because lately I'm hearing this is taking about 4 months for those results). Anyway, having all the info on hand, this proves that you are seriously going to apply for permanent residency. Come over the border with your new wife, and ask to stop in at immigration. Explain the situation, present the materials as proof, and ask for a visitors pass for your wife for her to have temporary status during the application process for permanent residency. After this, I can't guarentee you anything. It all depends on the border guard, how clearly you explain everything, how much proof you have, *sarcasm* probably even what the weather is like that day, etc.

Once they give you the pass, you can apply inland --the option on the website for the "In-Canada" application. You will send your application to Vegreville and depending on how straight-forward your application is, she will hopefully have PR status within a year. However, I've heard it taking up to 3 years. At this time, its highly recommended she not leave Canada during this process, because if she is not let back into Canada, they throw out her app, and you have to start over. So she can't visit friends or family in the States until she gets PR. The good news about applying this way is that she needs to send in either a renewal of her visitors pass or an application for a work permit, along with her PR application and as long as she has had valid visitor status, she will have implied legal status in Canada until her application processes. Good news for you, that means that you can live together during the entire application process -- her being legal in Canada.

The other way to go about it is to apply for the "Out-of-Canada" or outland process. You don't have to worry about where you get married or anything, and she is free to travel across the border all she wants. This process also tends to be quicker that the inland process. Bad news is that this way, it is a little more tricky to get your wife a visitors pass during the application process. She pretty much has to still be established outside of Canada, and show intent that she will be leaving Canada after her stay (however long they give her). I can't speak from experience here, since we did not apply this way, but I imagine it is more difficult this way to live together after marriage.

Hope this helps!
 
thanks! that helps a lot...

another variable..what if i could get her a job in canada?

would it make the application process easier if an employer here in canada supports us?
 
ahammond said:
thanks! that helps a lot...

another variable..what if i could get her a job in canada?

would it make the application process easier if an employer here in canada supports us?

just because you can "get her a job" in Canada doesn't mean that the employer has gone through the legal hoops of actually being able to hire her. It is much more complicated than just sending a resume and saying you're hired. The only "easy" way to do it is if she works for an international company that has offices in Canada and they can transfer her. Otherwise the employer has to do a market opinion search to make sure no other Canadians can fill the position first, and most employers won't even want to do that.

It makes no bearing on the application if she is not working in Canada, and will HINDER the application if she is working illegally.
 
ahammond said:
ohh okay thanks :)

so i should:

1) get FBI checks done on both

Only the applicant needs FBI clearance.
 
how would she go about getting an FBI check? what are the steps?

sorry for all the questions i just want to do things right
 
ahammond said:
how would she go about getting an FBI check? what are the steps?

sorry for all the questions i just want to do things right

http://www.cic.gc.ca/english/information/security/police-cert/north-america/united-states.asp

She will also need to do a criminal record check for any country lived in other then the US for more then 6 months.

more info here: http://www.cic.gc.ca/english/information/security/index.asp