Marrying a Canadian and immigrating to Canada

[adriana7]

Hello, I'll be getting married in about 3 months in the U.S. to a Canadian, then plan to move to Canada with him. I had a few questions:

Could we be filling out and submitting any paperwork before getting married, or do we have to wait until we're officially married to apply?

As soon as we get married, will I be able to move up to Canada with him and go through the paperwork process while in Canada? I'm aware I won't be able to work, but I'd hate to not be able to be with him legally after getting married. If it is possible, would I come into the country just as a visitor? Would I tell anyone at customs that I'm married and plan to apply for PR? By the way, I'm a U.S. citizen.

Thank you!!

 

[rgvinson777]

It is illegal for a non Canadian to live in Canada permanently without first obtaining a "Permanent Resident Visa." As an American, you can enter Canada and visit for 6 months without first obtaining a formal visa. If you marry a Canadian and then try to enter Canada, (without misrepresenting yourself to the Border Officers) you will very likely be turned away. Even though you tell them that you are only visiting. The border officer will suspect that you intend to stay in Canada permanently (which is illegal) and will not let you enter. If you get married and then somehow manage to get into Canada, you can then apply for 'permanent residency' by way of an "Inland Application." You will not be ordered to leave Canada while this application process is ongoing. However, if for some reason you were to be ultimulty refused, you would be ordered to leave Canada. This is unlikely to happen if you have no criminal record within Canada and/or the United States. Keep in mind however, that if you choose to apply for permanent residence under the inland method, you would very likely be refused re entry should you choose to visit the U.S. before you receive your permanent resident visa. You are correct, if you come to live in Canada illegally, you will not be permitted to work. The inland process can take over one year and you may not get permission to work until late in that process.

Warning: Take care that you do not misrepresent yourself to Canadian officials. Misrepresentation is sufficient cause for Canadian Immigration to refuse you any kind of visa and restrict you from re applying for a period of 2 years. Consider applying for your PRV through the outland process.

Best Wishes

 

[adriana7]

This seems like such a Catch 22! How can there be an In-Canada process allowed, yet I can't really enter Canada?? This makes no sense to me...

So I can't tell the border officers the truth; that I'm married to a Canadian and intend to apply for a PR within the country...?

How confusing!

What's the other option? Applying from outside? I'd hate to do this because it means I can't be with my husband (well, husband when we get married in October, of course) till it's all processed through!?

 

[rgvinson777]

I married a Canadian woman and am still waiting for my visa. I applied with an outland application. Because I applied outland, I am permitted to come and go to Canada as I wish. They arent concerned that I might stay permanently because I have to return to the U.S. in order to receive my mail, respond to their requests and eventually legally move to Canada permanently. Because I am an outland applicant, they are more certain that I will not do anything (like work illegally or whatever) that might mess things up for myself. As an outland applicant, I can visit my wife for up to 6 months at a time. I can return to the States and turn around and return to Canada the next day. Plus, the outland application process takes between 3 and 6 months to complete. I applied in february of 08 and expect to be finished by August 1....I hope.

 

[adriana7]

Oh wow, that makes me more hopeful...to know that the process doesn't typically take too long, and that I would be able to visit Canada for up to 6 months at at time with no restrictions from the border people.

When you visit Canada, do you have to show any proof of your PR process going on, or is that something they can verify themselves? Just curious.

 

[rgvinson777]

I use my passport and I have no problems. I tell them that I am visiting my wife. I always plan to stay for a few weeks and usually end up staying a little longer. I don't know how they would react if I told them that I intended to visit for 6 months. That is the average length of the entire process. They know (by me telling them or by them scanning my passport) that I am an outland applicant so they are not concerned that I intend to remain in Canada permanently until my application for PR is granted. And, they are right.

 

[rgvinson777]

One thing more......Take Caution. I have been entering Canada by land because I live only a 10 hour drive away from my wife. I do not know how customs officials would react if I was a woman travelling by myself. Also, I have no experience with how I would be received at an airport customs counter. I suspect that it would be the same but nothing with regard to Canadian immigration is safe to assume. These are things that you can research as you continue to plan your immigration strategy.

Best Wishes!!
RGV