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Just Married an American , quick question

denokarter

Full Member
Mar 11, 2015
47
1
American Womennnn..stay away from me ! :p

Hi everyone

Quick question, Me and my wife just got married in florida. She is born in the states and holds american citizenship and passport.

She will be moving to live with me in canada.

I want to know , will she obtain perminant residency faster by applying from within the states or by applying from within canada ?

If she applies from within states she cant visit canada until the application is complete, they will send her back when trying to cross the boarder, and ive heard applying from within USA can take up to 12 months !!

So i was hoping she can come here now and apply within canada and the application should be complete within 6 months ! ....

Are those times true/accurate ? Within canada 6 months , within usa 12 months ?
 

scylla

VIP Member
Jun 8, 2010
97,450
23,229
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I would recommend that you join the Family Sponsorship section of the forum.

There are two ways of applying: inland and outland. Inland requires you to be in Canada. Outland - you can be anywhere.

Inland is more like two years + processing time. Outland seems to be around 6 months for fast cases right now.
 

dpenabill

VIP Member
Apr 2, 2010
6,522
3,282
denokarter said:
American Womennnn..stay away from me ! :p

Hi everyone

Quick question, Me and my wife just got married in florida. She is born in the states and holds american citizenship and passport.

She will be moving to live with me in canada.

I want to know , will she obtain perminant residency faster by applying from within the states or by applying from within canada ?

If she applies from within states she cant visit canada until the application is complete, they will send her back when trying to cross the boarder, and ive heard applying from within USA can take up to 12 months !!

So i was hoping she can come here now and apply within canada and the application should be complete within 6 months ! ....

Are those times true/accurate ? Within canada 6 months , within usa 12 months ?
In addition to the post by Scylla, actually an American citizen can come to Canada while the application for sponsored PR is pending. In fact, even if the American is already in Canada, an out-of-Canada application can be made and is, for the vast majority of Americans in this situation, the better route: faster and less risk of things going awry.

Outland versus inland has to do with where the application is processed, not with where the sponsored applicant is located . . . except that to qualify for inland processing, the applicant must be in Canada of course.

While it was several years ago when I did this, an outland application while staying with my partner in Canada, so far I have seen nothing that changes things in this regard -- except that the PR application itself is now, last I looked, processed in Ottawa rather than in Buffalo (or one of the other Canadian visa offices in the U.S.), but it is still processed as an outland application (if an outland application is submitted),

To be clear about what I did, I married my Canadian sponsor while I was in Canada, stayed in Canada, applied for an extension of my visitor status around the same time I applied for PR, and only left Canada after I was issued the PR visa (to essentially flagpole, to re-enter Canada to land and be a PR), using my wife's Canadian address as my address the whole time. PR visa was issued barely four months after submitting the application, but current processing times appear to be longer than that.

It is not as if an American can just move to Canada while the application is in process. The American must still qualify as a visitor. Canada does, however, recognize "dual intent." Some Canadian-American couples have encountered issues entering Canada in this situation, but that is ordinarily easily avoided if the couple understand the system and how the process works. As Scylla suggested, the family sponsorship discussions are a far better venue for getting more information about this.
 

denokarter

Full Member
Mar 11, 2015
47
1
Thank you for your replies both of you.

i wish someone can move this thread over to the family spounsorship board.


I have obtained a hall for our wedding ceremony for november 21st in toronto . Im scared to start this outland application and then when she comes here in september they deny her entry and she cant come to the wedding ! I feel like i should just wait until the wedding ceremony is over , and then start the application , as i really dont want her to be returned home when at the boarder.
 

dpenabill

VIP Member
Apr 2, 2010
6,522
3,282
denokarter said:
Thank you for your replies both of you.

i wish someone can move this thread over to the family spounsorship board.


I have obtained a hall for our wedding ceremony for november 21st in toronto . Im scared to start this outland application and then when she comes here in september they deny her entry and she cant come to the wedding ! I feel like i should just wait until the wedding ceremony is over , and then start the application , as i really dont want her to be returned home when at the boarder.
Again, best to pursue further queries in the Family Sponsorship discussions.

But I will note this, once married to a Canadian, best for her to only attempt to enter Canada accompanied by her Canadian spouse, and the Canadian spouse attempts to do most of the talking, clarifying she is coming temporarily pending processing (or applying if the couple have not yet applied) of a sponsored PR visa application. Many probably will not encounter a problem, but the risk goes up once a Foreign National (and for Canada, yes Americans are definitely "Foreign Nationals") is in a committed relationship with a Canadian that constitutes an incentive to stay in Canada rather than just visit. Best to be totally up front about what is going on, with the Canadian there to declare the intent to follow through with the sponsorship, to support the American so long as the American remains in Canada (pending the processing of the sponsored PR application). Canada does recognize dual intent, particularly in this situation, particularly relative to Canadian-American couples, so long as all the circumstances are consistent with that.

Since the legal marriage has already taken place, the risks (small risks if you are upfront about what you are doing and it is not as if she is attempting to just move to Canada) are already there. Whatever you do, do not attempt an entry into Canada concealing the relationship. Misrepresentations could sink the ship fast.