Questions regarding immigrating my Fiance

[InsaneCanuck]

Hello, firstly this may be long a post so thank you for taking the time to read it.

My fiance and I have been together for almost 4 years now (almost 1 year engaged) and we are starting to look at the process of her moving to Canada(she is from the states). We have seen each other many times over this period, both me going down there and her up here. As I am on disability at the moment and looking as I may be in the future we have decided it is probably best for her to move up here. Right now she is still in University for Psychology. She will get her bachelor's degree this year and will be going for her master's degree which is another 2 years. Right now she is looking at doing her master's degree in Canada, which would I am assuming help us with the application process, but I am not sure and it is best we look at other options.

I have read through tons of guides and statements about how to get her to Canada, what we need to do and how we would apply. I am honestly overwhelmed by it all and not sure I am understanding everything so I am hoping to get some clarification. I am also not 100% sure about all our laws and what I have read has not been very clear.

I am going to throw out some questions and hopefully with help I can get pointed in the right direction

1: Can we marry even though she is american. My gut says yes but I just want to be sure.

2: What does immigration define as marriage. Do we just need the documents(go with our 2 witnesses and be married) or do we have to have the full ceremony. (we would do the ceremony when money wasn't such an issue of course)

3: Would she be able to go back to the United States during the application process?

4: As marriage is the only real way I could sponsor her. When we get married can we start the application process while she is still in school or would we have to wait till she has finished?

5: I read about the fees involved and I read somewhere that she would have to pay for her own fees. Does this mean that I can not help her out in any way with her fees or our application will no longer be valid?

Again thank you for taking the time to read this.

 

[snowy2015]

1. Yes
2. I'm not really familiar with this...senior members might better assist you on this particular query.
3. If you apply outland, then yes, she may return to the USA. If you apply inland, she must stay in Canada during the whole process.
4. There should be no problems if she's still in school and you decide to submit the application.
5. Anyone can pay the fees.

 

[InsaneCanuck]

Thank you for the reply, greatly appreciated.

 

[Aquakitty]

1) You can get married anywhere in the world as long as the marriage is considered legal in that country.

2) CIC and Canada in general considers any marriage legal that is legally obtained in the country you were married in. Now, you might be confused between the requirements of a legal marriage, and CIC's requirements for proving a genuine marriage. Some cultures have very specific customs, and/or high immigration fraud, so it's almost a necessity to have a large wedding. This is not the case for most westernized countries, especially Americans. You can have a simple court marriage if you wish, just include some pictures.

3) Definitely apply outland since she is American. It's much faster and she can live in the US until her PR application is complete.

4) If she is living in the US during the process, she might have to prove her intent to settle in Canada upon obtaining PR. If she is planning on getting a master's in Canada, that's a good start, provide some proof of research into schools and so on.

5) Anyone can pay the fees, CIC doesn't care where they get their money.

 

[Decoy24601]

You need whatever will get you a marriage license in her country, regarding question 2. Canada accepts marriages performed in the US. All you technically need is the officiant and two witnesses. Normally, just doing a "courthouse" marriage would be a red flag, but many Americans have done this and have had a successful application. You just need to make sure you have all your bases covered and have a solid application with plenty of relationship proof.

The PR application itself does not give her any right to move to Canada or reside in the country. She can come "visit" you, but not move until her PR is approved and she gets her COPR and lands.

You can also apply as common-law if you do end up living together for a full calendar year, but it looks like marriage would be the easier route for you.

If she comes to visit you in Canada, she can return to the states, but she is not guaranteed re-entry. It's best that if she visits you she doesn't leave. You should apply outland, since Americans are being processed in about 4-6 months right now with a solid application. The one time I tried to re enter I was given a "voluntary withdrawal". It's not recommended.

It doesn't matter who pays the fees. You can, she can, all that matters is that they are paid.

She will not have to prove her intent to settle in Canada.

 

[InsaneCanuck]

Thank you for the replies.

I read the inbound and outbound. We will probably do outbound that way she can return to the U.S. if needed.

I feel we have a good amount of proof so far. Skype calls and conversations that can be printed. Kik(phone app to txt over data) that I may be able to print off. Pictures from the start to where we are now and more to be added.

We do not have any proof of her looking at schools yet. We have made calls and they just direct us to their websites. When she does apply I will make sure she makes copies and if she gets approved I will make sure she gets copies of that done.

I am a little confused about the re-entry issue. Are you saying that the U.S. may deny her entry back into the states due to her application for immigration to Canada or are you saying Canada may not let her back in?

 

[Oak]

Hi,

They meant that Canada might not let her back in if she leaves and comes back again to see you. She will definitely be let back into the states because she is American.

All visitors from all over the world are subjected to the same rules and regulations. She has to fulfill and satisfy the officer she meets upon entry that she will leave at the end of her stay as a visitor. E.G.:

1. No working and studying without proper visa,
2. Has enough money for entire stay,
3. Will leave at the end of the stay.

The third point would be difficult to prove when she has a PR application in progress for Canada. I am not sure if having a return ticket, her ongoing degree in the states and family ties back home would be sufficient that she'll leave at the end of her stay. I was let in after secondary inspection and the visa officer knew for sure I had the intention of applying for the PR.

Good luck.

 

[InsaneCanuck]

Oh. Okay. Thank you.

Hopefully it wouldn't be an issue. We only see each other between semesters at the moment and we always book round trip. Hopefully that we do not run into that situation but I will make sure to let her know it may come up and to be prepared.

 

[Mightytonewheel]

Hi,

They meant that Canada might not let her back in if she leaves and comes back again to see you. She will definitely be let back into the states because she is American.

All visitors from all over the world are subjected to the same rules and regulations. She has to fulfill and satisfy the officer she meets upon entry that she will leave at the end of her stay as a visitor. E.G.:

1. No working and studying without proper visa,
2. Has enough money for entire stay,
3. Will leave at the end of the stay.

The third point would be difficult to prove when she has a PR application in progress for Canada. I am not sure if having a return ticket, her ongoing degree in the states and family ties back home would be sufficient that she'll leave at the end of her stay. I was let in after secondary inspection and the visa officer knew for sure I had the intention of applying for the PR.

Good luck.

To be clear, foreigners are permitted to enter into Canada with dual intent: the first intent is to visit, the second intent is to become a permanent resident. But the key point is that the border officers must be persuaded that the visitor will abide by the rules of a visitor's visa, if the permanent residency thing doesn't work out. So, like Oak said, they must be persuaded that you won't work/study, or overstay your visitor's visa.

My wife was in this situation last week. She entered Canada by air, with a PR application underway. The officer asked her the purpose of her visit. "I'm coming to visit my husband. I have a permanent residency application in progress." Their response? "Have a nice trip." That was it.

If she had been taken aside and grilled, she could show ties to her country of original (ownership of land, parents, etc.) a letter from me saying I will look after her financially, and a copy of the permanent residency application. Frankly, I think a lot depends on the mood of the border officer. But I think you'd be in pretty good shape if you showed a return ticket, family ties (especially a place to live) and an ongoing degree.

 

[Oak]

To be clear, foreigners are permitted to enter into Canada with dual intent: the first intent is to visit, the second intent is to become a permanent resident. But the key point is that the border officers must be persuaded that the visitor will abide by the rules of a visitor's visa, if the permanent residency thing doesn't work out. So, like Oak said, they must be persuaded that you won't work/study, or overstay your visitor's visa.

My wife was in this situation last week. She entered Canada by air, with a PR application underway. The officer asked her the purpose of her visit. "I'm coming to visit my husband. I have a permanent residency application in progress." Their response? "Have a nice trip." That was it.

If she had been taken aside and grilled, she could show ties to her country of original (ownership of land, parents, etc.) a letter from me saying I will look after her financially, and a copy of the permanent residency application. Frankly, I think a lot depends on the mood of the border officer. But I think you'd be in pretty good shape if you showed a return ticket, family ties (especially a place to live) and an ongoing degree.

Totally agree to which border agent you get. Haha. I told the CBSA agent I was going to marry my husband (then, boyfriend), and had intentions of applying for PR. He looked at my phone, definitely saw all the messages (even the ones he's not supposed to read), then let me in after secondary inspection.

Anyway, best of luck to you InsaneCanuck!