Native American Marrying An American

[skyhighblue00]

I am a full blooded Native American born in Canada marrying an American Citizen in 4 months time.
I do know of my rights, via the Jay Treaty of 1794 to reside, retire, work or study in the US, but,
what if it we wish for the opposite? I really would appreciate the help regarding the help if my
husband to be were to reside in Canada with me. Thus far, I have had to educate the Americans
on my own residency here, with there own url information and proof print out pages. Any help will
be GREATLY appreciated.

 

[PMM]

Hi

I am a full blooded Native American born in Canada marrying an American Citizen in 4 months time.
I do know of my rights, via the Jay Treaty of 1794 to reside, retire, work or study in the US, but,
what if it we wish for the opposite? I really would appreciate the help regarding the help if my
husband to be were to reside in Canada with me. Thus far, I have had to educate the Americans
on my own residency here, with there own url information and proof print out pages. Any help will
be GREATLY appreciated.

1. Canada never signed the jay treaty, so unless a native American is registered under the Indian Act to a Canadian band, then they have to be sponsored in the normal manner as a spouse.
2. The sponsorship forms are here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp
3. From the Act

Right of entry of citizens and Indians

19. (1) Every Canadian citizen within the meaning of the Citizenship Act and every person registered as an Indian under the Indian Act has the right to enter and remain in Canada in accordance with this Act, and an officer shall allow the person to enter Canada if satisfied following an examination on their entry that the person is a citizen or registered Indian.

 

[Ponga]

Hi


1. Canada never signed the jay treaty, so unless a native American is registered under the Indian Act to a Canadian band, then they have to be sponsored in the normal manner as a spouse.
2. The sponsorship forms are here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp
3. From the Act

Right of entry of citizens and Indians

19. (1) Every Canadian citizen within the meaning of the Citizenship Act and every person registered as an Indian under the Indian Act has the right to enter and remain in Canada in accordance with this Act, and an officer shall allow the person to enter Canada if satisfied following an examination on their entry that the person is a citizen or registered Indian.

WOW! I never knew that Canada had not signed this treaty, as I had been researching for 2 solid years my potential rights to live in Canada under this treaty. My maternal grandparents were Cherokee (full-blood GF, 1/4 GM), so I have more than enough blood quantum to `qualify' for enrollment into the Cherokee Nation, but have yet to break through the brick wall in tracing their ancestors. Without having a name on the Dawes Roll that connects to my grandparents, I'm stuck.

Fortunately, I am in a solid common-law relationship now (in Canada) and will [hopefully] qualify via that method.