Need some help determining what to do.

[scurrilous]

Hi guys sorry if this is the wrong subforum, but I have a few questions and I think some of them belong here.

My girlfriend and I are intending to get married next year during the summer. She is American and I am a Canadian citizen living in Peterborough, Ontario. We have been together for over a year and met through a mutual friend in the states. Originally my girlfriend was attending university in the states for a Bachelor of Science, due to wanting to be together she switched to online classes so she could visit me as much as possible. She has a decent amount of money saved up as well.

She spent 5 months here at the start of this year, went home for a month, and then returned with the intention of getting another 4-6 month stay. She was only granted a one month stay, which sucks, but I suppose I understand why the border officials were cautious giving her such an extended stay back to back.

My first question is, should she bother applying for an extension for another 2-3 months, or will we be denied based on how much time she's already spent here this year?

Assuming we don't get the extension and she returns to the states at the end of this month, how long should she remain in the states before attempting to come back for a 6 month stay?

Another question I have is, let's say she goes home at the end of September and returns in February with the intention of us getting married in June or July. When she asks for a 6 month stay upon arrival in February should she tell the border people of her intentions to get married in June/July or should she state that she is simply here for a visit?

Okay, now when we are married we would like to apply for her permanent residency while she's in Canada, if that is possible what form do we use? I thought it was the IMM 5289 form, but that says 'If your spouse, partner or dependent child lives with you in Canada' but she technically would be visiting me so I'm not sure if that's the right form.

Another question I have is, is it okay that I am still paying back student loans while I sponsor her? Do I need to have a specific amount of income/savings, and is it okay for my parents to help us out with money and housing until I find a more stable job?

Sorry for such a long first post, but I truly appreciate any help.

 

[Ponga]

This thread will answer most of your questions:
http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

Good luck!

 

[andrew-brit]

should she bother applying for an extension for another 2-3 months, or will we be denied based on how much time she's already spent here this year?

Generally it is down to the officer reviewing your application. I am waiting for a Labor Market Opinion and my employer advised me to extend my visa. I asked for 3 months, and I was granted a 2 month extension.

Assuming we don't get the extension and she returns to the states at the end of this month, how long should she remain in the states before attempting to come back for a 6 month stay?

Again they deal on a case by case basis. No correct answer to this.

let's say she goes home at the end of September and returns in February with the intention of us getting married in June or July. When she asks for a 6 month stay upon arrival in February should she tell the border people of her intentions to get married in June/July or should she state that she is simply here for a visit?

I would say be honest. I came to Canada via Calgary Airport in March and told them I am visiting my wife and I did not have any issues. Be aware though that they may not like this plan, as I say, case by case.

Okay, now when we are married we would like to apply for her permanent residency while she's in Canada, if that is possible what form do we use? I thought it was the IMM 5289 form, but that says 'If your spouse, partner or dependent child lives with you in Canada' but she technically would be visiting me so I'm not sure if that's the right form.

See http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

Another question I have is, is it okay that I am still paying back student loans while I sponsor her? Do I need to have a specific amount of income/savings, and is it okay for my parents to help us out with money and housing until I find a more stable job?

Yes you can be paying back student loans. There is no minimum income, as long as you are not receiving social assistance. Having your parents provide proof (letter) that they will support you/your spouse until PR is granted is great.

 

[fumbler1983]

I am an American who married a Canadian so I will give you my experience. I came over in the beginning of January 2014. At the border we told them our intention was to get married Jan 27th and then I stay the 6 months while we are applying and try for an extension. He only gave me 6 weeks. Once we got married, I filed for an extension no problem. I have filed another extension recently but I may get my permanent resident application approved before that one is approved. The Ottawa visa office is moving really fast right now. That is the office you apply at if you are applying Outland Because I was in Canada I had the option of applyig inland or outland. I almost did inland and then started seeing peoples horrible experiences with applying inland. I applying in May and they have already approved my sponsor and requested my passport. My whole process will have been 4 months. Inland is still working on applications from July 2013. I dont even think anyone who has applied in 2014 has even received 1st stage approval applying inland.

So my opinion is first to apply Outland no matter what. It does not matter if you are "living" in Canada or not. And I believe that marriage is the key to the border being more likely to grant a long stay. Having a medical exam is key too if you want an extension. The time that she was already here doesn't matter because it "resets" after she goes back to the US.

 

[scurrilous]

Thanks a lot guys, all of this information is great! We've been stressing over this like crazy, but this is making it seem pretty simple.

I am an American who married a Canadian so I will give you my experience. I came over in the beginning of January 2014. At the border we told them our intention was to get married Jan 27th and then I stay the 6 months while we are applying and try for an extension. He only gave me 6 weeks. Once we got married, I filed for an extension no problem. I have filed another extension recently but I may get my permanent resident application approved before that one is approved. The Ottawa visa office is moving really fast right now. That is the office you apply at if you are applying Outland Because I was in Canada I had the option of applyig inland or outland. I almost did inland and then started seeing peoples horrible experiences with applying inland. I applying in May and they have already approved my sponsor and requested my passport. My whole process will have been 4 months. Inland is still working on applications from July 2013. I dont even think anyone who has applied in 2014 has even received 1st stage approval applying inland.

So my opinion is first to apply Outland no matter what. It does not matter if you are "living" in Canada or not. And I believe that marriage is the key to the border being more likely to grant a long stay. Having a medical exam is key too if you want an extension. The time that she was already here doesn't matter because it "resets" after she goes back to the US.

Wow okay! I just did some more research on the Outland extension and it certainly does seem to be the better way to go.

I'd just like a bit more clarification on some things if possible!

If my girlfriend comes here in February and we get married in July and apply outland for permanent residency does it have to be processed in her country or can we choose to have it processed in Canada, the link that user Ponga posted (I can't post links as I'm a new user) seems to indicate that we can choose which visa offices we want to process through, is that correct?

When the first step of sponsorship is completed (estimated at 47 days right now) will she be able to work/have health insurance?

Do we have to continue filing for visitor extensions until the permanent residency is approved?

Since it's an outland application, does that mean she is free to return home for a few months and then come back to Canada without voiding her application?

Thanks again guys!

 

[andrew-brit]

If my girlfriend comes here in February and we get married in July and apply outland for permanent residency does it have to be processed in her country or can we choose to have it processed in Canada, the link that user Ponga posted (I can't post links as I'm a new user) seems to indicate that we can choose which visa offices we want to process through, is that correct?

You have to choose your country of nationality or your country of residence, as long as you have been residing in that country for at least one year.

When the first step of sponsorship is completed (estimated at 47 days right now) will she be able to work/have health insurance?

No. Applying outland does not produce a Work Permit. Only once PR is issued can your spouse work. And no, you would have to buy your own health insurance.

Do we have to continue filing for visitor extensions until the permanent residency is approved?

If you want to both remain in Canada then yes.

Since it's an outland application, does that mean she is free to return home for a few months and then come back to Canada without voiding her application?

Correct, your spouse can come and go into Canada without making your application void.

 

[Ponga]

Thanks a lot guys, all of this information is great! We've been stressing over this like crazy, but this is making it seem pretty simple.

Wow okay! I just did some more research on the Outland extension and it certainly does seem to be the better way to go.

I'd just like a bit more clarification on some things if possible!

If my girlfriend comes here in February and we get married in July and apply outland for permanent residency does it have to be processed in her country or can we choose to have it processed in Canada, the link that user Ponga posted (I can't post links as I'm a new user) seems to indicate that we can choose which visa offices we want to process through, is that correct?

When the first step of sponsorship is completed (estimated at 47 days right now) will she be able to work/have health insurance?





Do we have to continue filing for visitor extensions until the permanent residency is approved?

Since it's an outland application, does that mean she is free to return home for a few months and then come back to Canada without voiding her application?

Thanks again guys!

Definitely apply via an Outland application!

The vast majority of American applicants have their applications processed entirely in Canada (Ottawa), BUT...if there are any issues with her application it could possibly be transferred to NY or LA, which would mean a long delay in her PR.

She would NOT be able to work until she has completed the process and has her CoPR (Confirmation of Permanent Residence) document in her hand. Once she has that, she comes to Canada (unless she's fortunate to have been allowed to remain in Canada the entire time) and `lands'. As soon as she lands, she can get her SIN (Social Insurance Number, just like your SSN) and can then start working.

Health care requirements differ from province to province. For example, she would be eligible for coverage in B.C. as soon as CIC receives her application (after the 2-3 month waiting period).

 

[scurrilous]

This is really great information guys. I just wanted to say thank you as my girlfriend and I have been very stressed trying to figure this stuff out. I finally feel like I know exactly what we have to do! Thank you!