I need advice :)

[Domaris]

Hello!

I am a Canadian citizen currently living in the United States on an F-1 nonimmigrant student visa. I have an American partner.

I'm going home to Montreal for a visit in August with my partner and we're thinking of getting married while we are there. We would go back in the United States afterwards - I have about a year or so left before I get my BA. My plan is to go through the OPT year of work afterwards, and then start thinking about moving back to Canada with my partner.

If we get married in August (or possibly over Christmas/New Year on our next visit), can we start applying for her PR while I live in the United States on an F-1 visa? Can she get PR and then still live in the USA for a while?

Should we wait until we are ready to move to Canada? I'm not sure where to start but am doing some research right now.

Thanks for your advice

 

[TSauretBaxter]

Hello!

I am a Canadian citizen currently living in the United States on an F-1 nonimmigrant student visa. I have an American partner.

I'm going home to Montreal for a visit in August with my partner and we're thinking of getting married while we are there. We would go back in the United States afterwards - I have about a year or so left before I get my BA. My plan is to go through the OPT year of work afterwards, and then start thinking about moving back to Canada with my partner.

If we get married in August (or possibly over Christmas/New Year on our next visit), can we start applying for her PR while I live in the United States on an F-1 visa? Can she get PR and then still live in the USA for a while?

Should we wait until we are ready to move to Canada? I'm not sure where to start but am doing some research right now.

Thanks for your advice

Hello, It is a lengthy process to sponsor a spouse, so I would definitely start the process at least a year before coming to Canada. To maintain a PR you have to live in Canada 2 out of 5 years. So she doesn't have to live full time, but she will need to come to Canada to actually get the PR.. I don't know if you just come for a visit to activate the PR if that would work, or if she would have an exipry to do so. I know my husband is coming from a country that is not visa exempt, so he will only have a few months to come to Canada or the visa will expire and no extenstions are granted. But that could be different for the US.
My advice is, start looking over the application so you know what is going to be required, and you know what you need as proof of your relationship, and apply about a year before you come to Canada.

 

[OhCanadiana]

Hello!

I am a Canadian citizen currently living in the United States on an F-1 nonimmigrant student visa. I have an American partner.

I'm going home to Montreal for a visit in August with my partner and we're thinking of getting married while we are there. We would go back in the United States afterwards - I have about a year or so left before I get my BA. My plan is to go through the OPT year of work afterwards, and then start thinking about moving back to Canada with my partner.

If we get married in August (or possibly over Christmas/New Year on our next visit), can we start applying for her PR while I live in the United States on an F-1 visa? Can she get PR and then still live in the USA for a while?

Should we wait until we are ready to move to Canada? I'm not sure where to start but am doing some research right now.

Thanks for your advice

Hello and welcome

Based on what you describe, your biggest snag is going to be that to sponsor her you will need to prove intent to move back to Canada once she gets her PR (not years in the future after you finish your studies and OPT).

Consider reviewing the application material now and collecting all the documents you will need (including evidence of your relationship) and take your time to put it together. Also, track the timing for applications and submit your application when you can show intent to move at the completion of the process. US applicants were processed until recently at Buffalo, where 80% of cases were completed in about a year. In addition, step 1 is taking about 3 months so you'd want to submit your application about 15 months ahead.. of time if you were applying today, explaining your rationale.

Unless the rules change, as a citizen you may apply to sponsor her if you are both living abroad (as long as you intent to move back).

Enjoy your upcoming wedding (and take lots of pictures!)