Married an American...Can he live with me?

[z28eater]

Hi there!
I recently got married. I am a dual citizen, but I have recently moved back to Canada. My question is my husband is American, but since we live on bordering towns is he allowed to live with me during the permanent resident process? He works in the US, so he goes back and forth every day. Canada customs recently found out that we are married. They said that they didn't have a problem, but they said something about showing ties to the US. I know that if we would have gotten married here, he could have lived with me until the PR was granted.

Any thoughts?

 

[scylla]

There's unfortunately no way to guarantee your husband can live with you in Canada while being able to commute to his job in Canada. If he wasn't entering and exiting Canada regularly, then applying inland would be an option to allow him to live here. But since he's coming and going - that changes things.

Best bet is to submit an outland application asap. He should also get a Nexus card if he doesn't have one already. Lastly, he should carry evidence of his ties to the US. My husband crossed back and forth a lot before he had PR and he carried property ownership documents, bank statements, utility bills, etc. He was only ask for this evidence one in several years.

 

[floribec]

If you apply outland, he can 'visit' you while the application is in process. The advantage of applying outland is having the flexibility to travel back and forth. It's said that Inland applicants are not supposed to leave Canada while their application is in process but if you apply inland, your husband can apply for an open work permit to work in Canada during the application process.

The whole application process has recently changed so the processing times for inland vs. outland are not 100% known yet. On the CIC website it says most will be completed by 12 months. US applications are typically done faster than 12 months.

Regardless, it's up to the customs agent to decide whether to let him into Canada or not. Typically you need to show you're permanent residence is in the US and you're only visiting Canada.

 

[jeffporfirio1]

Sure, why not?

and why not marry again in Canada?

 

[CanadianZenGirl]

I just wanted to pop in and say you are very lucky he has such an easy time crossing. I am also married to an American and we find it harder since we got married because now there is a reason to just stay when he comes over. I understand why they might think that, but my husband has been visiting for years without incident and always leaves when he says he will. And we've been married for a while, too.

I agree that you should apply outland. From everything I have read here, it seems to be a fairly quick process. And as you see him every day anyway, that time will pass before you know it! Do everything that needs to be done so he can live here legally. As my husband always says - It's their playground and you have to play by their rules.

Good luck!

 

[CDNPR2014]

I just wanted to pop in and say you are very lucky he has such an easy time crossing. I am also married to an American and we find it harder since we got married because now there is a reason to just stay when he comes over. I understand why they might think that, but my husband has been visiting for years without incident and always leaves when he says he will. And we've been married for a while, too.


Good luck!

have you already submitted the PR application? generally, with US/Canadian couples they are far nicer to you when you are married and have a pr application submitted (or can prove your intentions to submit). it's when they think you don't understand the rules and are trying to go around the rules they get more aggressive. this is also border/agent specific. i've found certain borders nicer than others.

 

[CanadianZenGirl]

have you already submitted the PR application? generally, with US/Canadian couples they are far nicer to you when you are married and have a pr application submitted (or can prove your intentions to submit). it's when they think you don't understand the rules and are trying to go around the rules they get more aggressive. this is also border/agent specific. i've found certain borders nicer than others.

We sent our application in towards the end of December. My sponsorship application is currently being processed.

We've been together for five years and he's been coming over regularly. He always tell them the duration of the visit, has never stayed longer. We are always very careful about following the rules. Now that we've been married for a while and they see that he's still going back and forth, they've lightened up a bit. We do understand that they are just doing their job.

 

[CDNPR2014]

We sent our application in towards the end of December. My sponsorship application is currently being processed.

We've been together for five years and he's been coming over regularly. He always tell them the duration of the visit, has never stayed longer. We are always very careful about following the rules. Now that we've been married for a while and they see that he's still going back and forth, they've lightened up a bit. We do understand that they are just doing their job.

it's probably more about the frequency of his visits than anything. they prefer you to stay put, not cross regularly. best of luck, you'll see approval in no time!

 

[CanadianZenGirl]

it's probably more about the frequency of his visits than anything. they prefer you to stay put, not cross regularly. best of luck, you'll see approval in no time!

Thank you very much.

 

[Omegabyte]

My wife is Canadian, and I'm US. My situation is a little different, in that my income isn't from working. I came up to Alberta from Spokane, WA area last August on a 6 month Visitor Record, about a week after we sent in our Outland app. We have pretty much everything in both our names. I have Alberta DL, Alberta Health, etc.

I applied for an extension to my Visitor Record last December, and received a one year extension a few days ago. Last week, MyCIC showed my background check "In Progress", so the wait should almost be over.

The moral of the story is that CIC and CBSA are usually pretty good to work with as long as you're playing by the rules. There are some border crossings to avoid (Coutts), and it's a really good idea to have NEXUS cards.

 

[scylla]

Sure, why not?

and why not marry again in Canada?

No point. It won't change anything or result in any additional benefits.