Marrying a US citizen in Canada...

[anik1981]

Hello all,

This is my first post. I have tried to find these answers in older posts, but have been unable to. In all honesty, I'm freaking out, and losing sleep, playing every possible scenario in my head...My BF of 2 years, who is a US Citizen will be joining me in Ottawa soon for a formal wedding ceremony. We will then be applying for Spouse Inland without him going back home. In the 2 years we have been going back and forth he has had SERIOUS issues crossing the border. He gets searched, drilled for 45 mins, and his laptop fully searched...all this for 10 day visits. I was wondering, when he crosses for the wedding, if it is ok not mention the wedding, by simply saying he is visiting, which is not in itself a lie, or will this come back to bite him in the rump when he applies to extend his TRV? He will have a return ticket, it will just end up going to waste. He will also work his last day with his current employer on the day he will be flying in. Can he say he's still an employee since technically he still is on that date? When he finally gets his employment papers, they will show the end date on his arrival. I am looking for any way to get around the flat out truth, without lying, as I know from experience he will be turned right around...I just want to marry my sweetie and start a life with him.

Thank you!

 

[BeShoo]

Well, I know all about freaking out and losing sleep and playing every possible scenario in my head. I've been doing that for about 10 days solid.

First of all, in your situation, I don't think there is any rule saying that you can't get married while on a visit. In fact, my conjugal partner and I will almost certainly be asked at some point what excuse we have for not doing that.

On the other hand, whatever TRV he gets, he really needs to go back when that expires. The best thing to do I think is to get your marriage certificate all officialized and wedding ceremony done with, then drive down to the border, with your certificate and your PR app in your possession and try to cross back into Canada with him. People say that if you have the wedding certificate and they are satified that it is not just a fake marriage, they will usally give 6 months which can then be renewed (and normally will be) until the PR is approved or refused.

Lying about your intentions in the first place may not be a good idea. If they actually catch him lying outright, they can ban him from entering the country for a whole year or even two. He'd better not show up with a wedding tux in his baggage.

As for the job, I think it's honest to say that's his job even if it is his last day on the job.

 

[jaundice_p]

Anik,
First of all saying u're visiting is not lying becos u r visiting...it will be a lie if they(immigration) actually asked the purpose or intention of your visit and u happened to tell them watever comes to ur mind other than the truth.
Secondly, I dont think it will be an issue if he tell them he is going to marry his girl friend and shows them his return ticket and also his work id bills, properties or something to prove his still has the intention to return to the US.(I wouldnt bet on it, Immigration officers are funny and I wouldnt want u to take that chance).
What ever way u can get him into canada, plz do it with the confines of the law.
Thirdly, I dont know if u've consider all the advantages and disadvantages of applying inland...remember you will have to support him for atleast six months if u r applyin inland..reason being he will not be allow to work legal until after the first stage approval which may be up to six months assuming nothing goes wrong with the application.
Another thing is that if u apply inland, he cannot leave canada for any reason during the period of the application. if he does and immigration happen to know, then the application will be cancel or refuse.
Outland application is alot faster and way safer than inland..safer in the sense that u can appeal an outland application if refuse but u cant do that with an inland application.
Applications thro the US takes 8-12 months while inland applications can take up to 2yrs.
A workin man is a happy (to me)...My opinion is the one year apart wont kill u two..atleast he can always come and visit as much as he want being in the US....but its u that wear the shoes and u know exactly wat u want.
I will suggest(just an opinion) that if u can, apply outland, that way u can beat all those restrictions, still have two income and everyone happy...money can split a marriage in an instant.
I hope this helps but think , do some more research, ask alot of question before throw in the application.
Remain bless and I wish u speedy success in whatever route u decide to take.

 

[Leon]

Agreed that you should consider outland over inland. There is no reason you can't apply outland even if he is in Canada. If something happens in the US, family emergency etc. and he has to go there, if he's refused entry into Canada again, outland will just continue processing while if that happened with inland, you'd lose your application. An average outland application through the US takes about 7 months to get PR. With inland, if it goes well, he could have first stage approval and work permit after 6 months and PR in as little as 10 months although 18 months would be more likely. However, if it goes badly and they decide they want an interview, he's stuck in Canada without a work permit or health care for up to 3 or 4 years.

 

[ColorMePanda]

Agreed that you should consider outland over inland. There is no reason you can't apply outland even if he is in Canada. If something happens in the US, family emergency etc. and he has to go there, if he's refused entry into Canada again, outland will just continue processing while if that happened with inland, you'd lose your application. An average outland application through the US takes about 7 months to get PR. With inland, if it goes well, he could have first stage approval and work permit after 6 months and PR in as little as 10 months although 18 months would be more likely. However, if it goes badly and they decide they want an interview, he's stuck in Canada without a work permit or health care for up to 3 or 4 years.

I agree with everything already said but on the part about the partner being stuck in Canada for 3-4 years for an interview is in part true but this is, to my understanding, dependant on the province/city your application is transferred to. Plus it is also depedant on other things such as the reason for the transfer or interview.

I just didn't want them to be under the impression that ALL applications that are transferred for an interview/questioning take 3-4 years. It is still very possible that it can but like I said that depends on which office it goes to and the reason for the transfer.

All in all, being an American you will always be recommended to take the outland route since it is faster but what it really depends on is your lifestyle and the reason you would want to apply from within Canada. As it as been said there is no problem with filing for outland while staying with your partner in Canada. Just make sure to apply for an extension before your status expires and provide proof of a PR application in processing. Also know that if you apply outland and they require an interview, you will have to fly back to attend that. You will also need to cross back into Canada to officially announce yourself as a permanent resident.

If you file inland, be sure to include a extension and mark it for an intial work permit. Send that in with your PR application before you status expires and you will have implied status until they make a decision on your application. If you pass first stage approval you will get an open work permit which you can use until the final processing of your application. Like stated before though, if it gets transferred to the local office without first stage approval you could be waiting without status, work permit, and such from anywhere for a few months to a few years. Again all depending on what your local office is and the reason for transfer.

Don't be discouraged by inland because all and all it still has to go through the same process if would have to go through with outland but just in a longer time span. Also, as long as your case is not too complicated, everything is completed/signed, everything is paid for, no criminal background, and the relationship seems geniune then it should be a fairly smooth process no matter whether you choose outland and inland. The onus is on you to be able to prove to a complete stranger that your intentions as a couple are true and your relationship is long-term. Just talk it over together and choose which way you feel better suits the two of your lives because we can only give you tips or suggestions here on which processing route to go.

If you are able to be with your husband when he crosses the border then it will more than likely help him get through with more ease. Just assure the officer that you both know the terms of his stay (being a temporary visitor), that he will return home, and that he has support during his stay. Give them short but complete and honest answers to any questions they ask. Any documents you think that may help him get through just have handy on your person ready to hand to them if they want it. Don't tell too much of anything because the more you give to them in details, the more they have to feed back off and deny him entry.