Blankpage said:
I am a Canadian citizen. There is no problem with me working in Canada. I work in the USA on a H1-B visa. The -problem is with how do I bring in my girlfriend to Canada after we marry. She does not currently have legal status here in the USA so how do I go about getting a Canadian visa for someone in that situation. If she were legal here it would be much easier through the normal channels but this is not as simple as it may first seem.
Thank you again.
The fact that she does not have legal status in the US will not have any impact on her qualifying to be sponsored by you, as a spouse, for permanent status in Canada. What is impacted is her ability to stay in the States . . . so, if Mexico is not a "safe" solution, my suggestion would be that you marry in the States (or in Mexico if she can't marry in the States for some reason) when it's not an issue with your HB1 status anymore, and then you follow the directions at
this US2Canada link for bringing her into Canada with you - paying special attention to the part about "Visitor Records".
You have two choices for filing a PR application - inland or outland. I'd suggest an
outland PR application that will be processed through Mexico City because it's faster and you have the right of appeal. They are currently
finalizing applications in 5-9 months, where it takes 12-18 months to be finalized via an inland application. If she has any family in Mexico she can use their address as her residential address, and use your Canadian address as her mailing address on the application, and she can file to extend her temporary status in Canada, by mail using
this extension application, if her PR is not finalized by the time her temporary status in Canada is due to expire. Just be sure that CIC receives her extension application BEFORE her temporary status expires and then she's good to stay in Canada until they make a decision on the extension, or her PR is approved.
Even though filing outland means that any interview will be held in Mexico City and that she may have to travel there to get her Confirmation of Permanent Residence documents so that she can "land" in Canada, it takes much less time than the inland ap to be done and there is no residency requirement for outland applicants.
If you want to file inland and have the entire process happen in Canada, even though it takes longer, be sure to file
the inland application prior to expiration of the status she receives when she enters Canada with you. File the extension application linked to above WITH the PR application, and select "initial work permit". That will protect her status in Canada until after the first stage of assessment is completed on the PR application (appx 6 months). After she receives first stage approval (AIP), she'll be issued an open work permit and can get a job. It will be another 6-12 months from there until PR is finalized, but she will be able to stay in Canada with you, work and in most cases, have healthcare. She can't leave Canada, though, during the processing of the inland ap because if she is refused re-entry, the inland application is forfeited and you'd have to start over again with an outland ap.
