Engaged to an American - No idea what the steps are!

[Rinner]

Hi All,

I'm new to this forum but after searching I couldn't find the information I'm looking for. My American SO and I recently got engaged. I live in Canada and he lives in America. We have been doing research on the immigration process but I'm so confused!

Could someone please explain to me what the process is like? I've found lots of information for Canadians immigrating to America but an so stuck here. Half the things I've read say you have to already be married... but that doesn't feel right. I know if I wanted to move to America there is a Fiancé visa; is there anything like that for Canada?

Help!

 

[Leon]

There is no fiance visa in Canada.

Once you get married, you can sponsor your husband for PR. Until then, he can only visit Canada just like any other American but not officially move house.

 

[Rinner]

There is no fiance visa in Canada.

Once you get married, you can sponsor your husband for PR. Until then, he can only visit Canada just like any other American but not officially move house

So then it would be legal for him to come here and us get married on a visitor visa? Requiring him to return to America until the paperwork goes through?

I thought there was a rule against entering the country with intent. Every time he visits he gets pulled aside by immigration for 'random' questioning. So I have worries about doing anything that would get him turned away at the airport.

 

[Ponga]

It's perfectly legal for a person to seek [legal] entry into Canada, with the intention of getting married.

Here are the facts:

A person can submit an Outland application from outside of Canada or from within Canada. Outland is definitely the application choice for the vast majority of U.S. citizens, because it's substantially faster than an Inland application.

Dual Intent is recognized by CIC and CBSA; they see it all the time. A person has a dual intent to enter (or re-enter) Canada if they have an active sponsorship application in the system (or if they plan to apply once they enter Canada). The potential problem, is if the CBSA isn't satisfied that the foreign national understands that if their PR is denied, they will need to leave Canada, voluntarily. For this reason, it's best if he has proof of strong ties `back home', such as a job, home, bank account(s), etc., just in case he's asked. Having a fully refundable return ticket for sometime within the 6 months that he'll probably ask for (if he's even asked how long he plans to stay).

Ideally, he will not encounter any problems when he seeks entry. He then simply applies to extend her stay, while awaiting the PR process to be completed. This is usually a very simple approval, although it is obviously not guaranteed.

For couples in your situation, it's really a pretty simple process.

Good luck!

 

[Leon]

He can come and get married. He may visit for up to 6 months without applying for an extension. If he wants to extend, he should apply before his 6 months are up. He should however not show up at the border with a U-Haul with all his stuff in it. I hope that helps

 

[Rinner]

It's perfectly legal for a person to seek [legal] entry into Canada, with the intention of getting married.

Here are the facts:

A person can submit an Outland application from outside of Canada or from within Canada. Outland is definitely the application choice for the vast majority of U.S. citizens, because it's substantially faster than an Inland application.

Dual Intent is recognized by CIC and CBSA; they see it all the time. A person has a dual intent to enter (or re-enter) Canada if they have an active sponsorship application in the system (or if they plan to apply once they enter Canada). The potential problem, is if the CBSA isn't satisfied that the foreign national understands that if their PR is denied, they will need to leave Canada, voluntarily. For this reason, it's best if he has proof of strong ties `back home', such as a job, home, bank account(s), etc., just in case he's asked. Having a fully refundable return ticket for sometime within the 6 months that he'll probably ask for (if he's even asked how long he plans to stay).

Ideally, he will not encounter any problems when he seeks entry. He then simply applies to extend her stay, while awaiting the PR process to be completed. This is usually a very simple approval, although it is obviously not guaranteed.

For couples in your situation, it's really a pretty simple process.

Good luck!

Thank you so much for this! Would you happen to know if we would be able to move to USA later (I'm talking a few years later)? I don't really understand at what point he is no longer an American citizen.

 

[Ponga]

Thank you so much for this! Would you happen to know if we would be able to move to USA later (I'm talking a few years later)? I don't really understand at what point he is no longer an American citizen.

Becoming a PR of Canada does NOT impact his U.S. citizenship, nor does it grant Canadian citizenship. It simply means that he has authorization to live, work, study in Canada.

 

[Rinner]

Becoming a PR of Canada does NOT impact his U.S. citizenship, nor does it grant Canadian citizenship. It simply means that he has authorization to live, work, study in Canada.

So is the outbound application to become a permanent resident? Or is it just to get a visa that allows the to come to Canada?

If so, how long does it take to become a permanent resident?

 

[Leon]

So is the outbound application to become a permanent resident? Or is it just to get a visa that allows the to come to Canada?

If so, how long does it take to become a permanent resident?

The outland application is to become a permanent resident. if successful, he will get a PR visa and going to Canada with that, he will "land" as a PR and get his PR status.

Living in Canada with PR status for 1460 days (4 years) he can apply for Canadian citizenship which can take about a year to process and then he can be a dual citizen, Canadian and US. The waiting time may be shortened to 3 years at some point in the near future.

If you want to move to the US, he will have to sponsor you for a green card. If he gets Canadian citizenship before moving to the US, he will keep it forever. If he moves while he is a PR, he can keep his PR status forever as long as he is living with you.

If you get a US green card, you can apply for US citizenship after 5 years in the US. Otherwise, you can keep your green card as long as you are living in the US or if you live elsewhere, they can take it if they believe you have moved permanently to another country or if you don't visit the US at least once every 6-12 months.

Your children will get the citizenship of the country they are born automatically whether it is in Canada or the US but the other parent would then have to apply for their citizenship in the other country.