Need alot of Help Spousal Sponsorship

[feanor]

Ok well the whole plan was for me ( a Canadian) to move to America with my wife ( an American) when we get married June 4th 2011, until her dad said no to co-sponsoring me cause he thought it carried to much risk, and she isn't currently making enough to sponsor me herself. So now the plan is to move to Canada for the time being until we can make enough money to show she can sponsor me and we move back to the States.

First Question: can she get her PR card and travel back and forth to the states working ? also say she gets her card and in say 6 months time she can sponsor me in the states can we just leave Canada ? do we have to tell them we don't what PR anymore ? I don't know the deal with that.

Second Question. How do I file an outland visa ? I hear it is quicker I just don't know the steps to doing it,is it different paper work ? or do i just send the forms somewhere else. Also can she live with me in Canada while it is being processed ? I hear the longest time you can spend in Canada is 6 months with no visa, would she be in trouble if were filing outland and she's living here ?

I think that's all for now if I think of anything else I'll post. Thanks guys !

 

[Baloo]

Assuming it takes six months to achieveCanadian PR, and you then leave Canada and don't intend to maintain your PR (by moving to the USA).
All you have done is spent money for no reason.


So, why do you want the Canadian PR?

 

[Leon]

If she is not going to work in Canada, she doesn't need a PR. She should apply for a Nexus card which allows her to cross the border more easily. Strictly speaking she is not supposed to be living in Canada long term either as a visitor but if you are only planning on being in Canada for 6 months, that is not really permanent. She can stay in Canada for up to 6 months as a visitor.

If you do want to apply for her PR, you can do that. You can apply outland no matter where she is staying. Once she gets the PR, she would have the right to live and work in Canada. If you leave Canada, as long as she is living with you and you are a Canadian citizen, she will keep her PR status.

 

[feanor]

The nexus card would make sense. I think I want to do the PR because what if in that 6 months she can't show she can sponsor me. Then she can at least be legitimately living in canada. I mean you can't really be an American living in Canada and working in the US can you ? If you cross the border everyday to work I guess your not really in the country for more than 6 months.

 

[Leon]

That's right, you can't really be American and live in Canada on a visitor status, long-term. If you are spending more time in Canada than not, you are not really classified as a visitor any more so it is a good idea to go for the PR.

 

[doctorkb]

This is starting to sound rather complicated.

Let me provide some insights from my experience with the border:

1. NEXUS - great idea, but I have a feeling she wouldn't meet the criteria for "trusted traveller" -- both the US and Canada border guards have to interview you (and, believe me, if you've ever had secondary screening with either CBSA or USCBP, imagine that doubled -- and that is for someone who is of NO risk (i.e. me, a Canadian with ties to Canada, prior to marrying an American)).

2. Where in Canada do you live? If you live in Vancouver, she could work in Point Roberts or Blaine WA. She would have to have a residential address there, and it may be more practical for you both to sleep on the US side of the border as your job (and presumably family) tie you to Canada, whereas her employment doesn't tie her to the US.

3. My suggestion with the paperwork is GET 'ER DONE! It isn't a one-hour undertaking -- the information for an outland application is here: http://www.cic.gc.ca/english/information/applications/fc.asp -- Applications sent through this method appear to be taking 4-6 months for routine cases, though it could take longer.

4. Don't confuse "with no visa" with "visa granted or denied upon attempted entry." ALL foreigners must get a visa to enter Canada, however the citizens of several countries (the US being at the top of the list) don't have to apply for some of the visa classes (e.g. visitor) ahead of time -- they "apply" when they get to the border and ask to be let in. The border guard will either grant or deny it on the spot. If you find a nice border guard and can provide some assurance that she will leave Canada within 6 months, you might be able to get a 6-month stamp. You should have a return air ticket booked or some family arrangements (e.g. her father's 50th birthday party) that she needs to return for during that time. It also helps a lot if you can have a substantial amount of money in her bank account when she crosses, with a recent printout from online banking or a bank statement showing it. The funds should be sufficient to pay for return travel (if not pre-booked) and any living expenses while she's here.

 

[Karlshammar]

Those who are visa-exempt are visa exempt. They do not receive visas at the border, they do receive a certain status (if they are admitted). Don't confuse a status, stamp or visitor record with a visa.

Also, 6 months is a default period of stay and not something that requires a "nice border guard," though there is always the possibility of denial or a lower period of stay, of course.

4. Don't confuse "with no visa" with "visa granted or denied upon attempted entry." ALL foreigners must get a visa to enter Canada, however the citizens of several countries (the US being at the top of the list) don't have to apply for some of the visa classes (e.g. visitor) ahead of time -- they "apply" when they get to the border and ask to be let in. The border guard will either grant or deny it on the spot. If you find a nice border guard and can provide some assurance that she will leave Canada within 6 months, you might be able to get a 6-month stamp. You should have a return air ticket booked or some family arrangements (e.g. her father's 50th birthday party) that she needs to return for during that time. It also helps a lot if you can have a substantial amount of money in her bank account when she crosses, with a recent printout from online banking or a bank statement showing it. The funds should be sufficient to pay for return travel (if not pre-booked) and any living expenses while she's here.

 

[rjessome]

Those who are visa-exempt are visa exempt. They do not receive visas at the border, they do receive a certain status (if they are admitted). Don't confuse a status, stamp or visitor record with a visa.

Absolutely correct. Visa exempt individuals DO NOT get a visa when they enter Canada. It's a "permit" whether you are given a piece of paper or not. There is a big difference between a visa and a permit so don't get them confused.

 

[ufa]

If on arrival you get a visitor record that must be stamped on a specific departure date, can it be extended? Is it the same process as applying to extend a visitor visa?

(Sorry feanor for jumping on your post, but thought this relevant and that you might have interest in it too).

 

[doctorkb]

Also, 6 months is a default period of stay and not something that requires a "nice border guard," though there is always the possibility of denial or a lower period of stay, of course.

That isn't entirely true. You have to tell the border guard what your period of stay is intended to be (it's on that form that you fill out before customs, in the case of air travel). I've seen that *usually*, the border guard will write a date underneath that for something a couple weeks longer than what you say you'll be there for -- if they're doing their job. Complacent ones will just stamp it and say "have a nice day."

As for the distinction between "visa" and "permit" -- that's country-dependent. Canadians aren't on the "visa waiver program" in the US -- I was told by a border guard when entering the US that the visa is issued at the border. We can't even apply ahead of time if we wanted to (except for a very small number of visa classes). Perhaps CIC does it differently -- my statements were based on the fact that usually these things are somewhat reciprocal.

 

[canda]

has everyone forgotten that if you a re married and you sponsor your spouse there is no income requirements. so maybe you shiuld consider an earlier wedding but if you do not plan to stay in Canada do not bother applying for PR its a wase of your ime and the governments time. Why doesn't she just come and visit you for 6 months that is totaly legal?I would suggest making sure she has a return ticket.

 

[patiently_waiting]

has everyone forgotten that if you a re married and you sponsor your spouse there is no income requirements. so maybe you shiuld consider an earlier wedding but if you do not plan to stay in Canada do not bother applying for PR its a wase of your ime and the governments time. Why doesn't she just come and visit you for 6 months that is totaly legal?I would suggest making sure she has a return ticket.

I believe the OP is speaking about the income requirement for sponsorship into the US. (based on his statement, I have no knowledge of the requirement)

In addition, you are correct, Canada is not part of the visa waiver program however this is specific to Canadian Citizens. - http://www.cbp.gov/xp/cgov/travel/id_visa/legally_admitted_to_the_u_s.xml

A foreign national entering the U.S. is required to present a passport and valid visa issued by a U.S. Consular Official unless they are a citizen of a country eligible for the Visa Waiver Program, a lawful permanent resident of the U.S., or a citizen of Canada.
A foreign national traveling by air who is a citizen of a country eligible for the Visa Waiver Program must have an approved ESTA and valid passport before traveling to the U.S. (Electronic System for Travel Authorization).

 

[canda]

I just know thatas a canadian when i sponsored my Mexican husband i did not need a required income because it was a spousal sponsorship

 

[rjessome]

I just know thatas a canadian when i sponsored my Mexican husband i did not need a required income because it was a spousal sponsorship

Yes, but the OP was talking about sponsorship to the US. Not just Canada.

As for the distinction between "visa" and "permit" -- that's country-dependent. Canadians aren't on the "visa waiver program" in the US -- I was told by a border guard when entering the US that the visa is issued at the border. We can't even apply ahead of time if we wanted to (except for a very small number of visa classes). Perhaps CIC does it differently -- my statements were based on the fact that usually these things are somewhat reciprocal.

Yeah, different countries, different rules. As patiently_waiting pointed out, Canadian citizens don't need a visa to enter the US. However, my point is that for Canada, the difference between "permit" and "visa" is quite distinct and people often get confused. To be very basic, a visa allows you entry into Canada. A permit says what you are legally allowed to do when you get here.

 

[feanor]

If on arrival you get a visitor record that must be stamped on a specific departure date, can it be extended? Is it the same process as applying to extend a visitor visa?

(Sorry feanor for jumping on your post, but thought this relevant and that you might have interest in it too).

i don't mind at all ask away, We need all the help we can get.