Same-S.e.x. Couple (Canadian/American)

[libertas_amo]

Hi Everyone,

I'm new to the forum but so happy that I've found this wonderful community. Let me state the facts, then my questions, and hopefully, I'll get some answers.

I'm Canadian but currently residing in the United States while on a student visa. My fiance, an American, lives with me in the US and we have decided that we want to get married in Canada and move there together. She works for a company that operates in Canada and would consider simply transferring within the company to make employment easier.

So my main question is......... WHERE DO I EVEN BEGIN WITH THE IMMIGRATION PROCESS?

Would it be best for me to move back to Canada before her, get settled (get a job and housing in place) for a certain period of time to show stability and begin the process with her still in the United States?

Does she even need a visa of some sort to move to Canada with me? Could we simply move here together, get married, and begin the process from in Canada?

Realistically, are same *censored word* marriages being treated the same as a hetero*censored word*ual marriages in terms of having applications approved?

What proof do you think we would need to show to legitimize our relationship and marriage? (photos? phone logs? joint accounts? residence documents such as a signed lease?). We are a genuine same *censored word* couple but want to ensure that we have all of our ducks in a row so that there are no surprises.

Do I still need to show proof of financial support if we are doing the spousal application?

How long are applications taking to get processed for Canada/America couples? Does this change if we do an outside or inside Canada application?

Please, any help would be greatly greatly appreciated! Our goal is to get her to Canada as quickly as possible so that she can begin working. We have the flexibility of doing the process with both of us out of Canada, both of us in Canada, or me in Canada and her in the US.

 

[Leon]

As far as I know, same s.e.x couples are treated the same under the law as hetero couples. You should have all of the things you mentioned to prove your relationship, lease agreement, joint bank account, phone bills, web chat logs, printed out emails, photos etc. etc.

If your partner is going to immigrate through your sponsorship, there are two ways. Outland or inland. I am not the most knowledgable about spousal sponsorship so I will let somebody else fill in the details but basically if you apply outland, your partner stays in the US while it's being processed and can visit you and if you apply inland, your partner has to stay in Canada, not advisable to leave Canada at all during the process but she will not be allowed to work until she has the first stage approval. From what I've heard, the outland process through the US takes around the same time as the first stage approval and work permit with inland. That's a few months. Also if you are denied, with outland you can appeal and with inland you can't. You do not have to show income for spousal sponsorship.

 

[canthai]

libertas_amo,
All the information you and your partner need will be found on the CIC website:

http://www.cic.gc.ca/english/immigrate/sponsor/index.asp

Read through the documents carefully so you know which ones to use for your situation. Also, as a tip, read through the old posts on this site. They may answer questions you have regarding the forms or you may even find someone in the same situation as yourself with valuable questions/answers.

Your financial question can also be answered in the sponsor's guide, IMM 3900, under the 'Who Can Sponsor?' section. There is also some information on same-s.e.x. partners in the guide.

"you have an income that is at least equal to the minimum necessary income, the amount of which is published yearly by the Canadian government.

You will have to provide us with documents that show your financial resources for the past 12 months and prove you are financially able to sponsor members of the family class. You may solicit the help of a co-signer (must be your spouse or common-law partner). If you reside in Quebec, see also Sponsors living in Quebec.

This condition does not apply if you are sponsoring only

* your spouse, common-law or conjugal partner who has no dependent children, or
* your spouse, common-law or conjugal partner whose dependent children have no children of their own, or
* your dependent child who has no children of his or her own."

As far as you and your partner, I would hope that EVERYONE is treated equally regardless of their gender, ethnicity or age ...

Good luck!

canthai

p.s. Robsluv knows a lot about this, maybe he can help with your questions as well.

 

[GK]

My advise, apply via Buffalu, NY (outland). You don't have to move back to Canada before you submit your application. You need to show intend to return to Canada which souldn't be too had. As long as you provide enought proof of your relationsship, all the required documents etc, it should't take long. For me it took just around 3 months (+ 30 days sponsorship application).

 

[RobsLuv]

If you have the option to stay together in the States while the PR application is being processed, do that. Travel to Canada temporarily to marry, if you must, but file an outland PR application, as GK advised, once you're back in the States and wait until approval to come to Canada permanently. The outland process is much faster (3-9 months as opposed to 12-18 months inland), and your partner will not be able to work in Canada until either the PR process is finalized or until she is given an open work permit (which is part of the inland process but takes 4-5 months to obtain and you have to be in Canada the whole time).

Same s.e.x. couples should not be assessed any differently than heteros.e.x.u.a.l couples - CIC is looking to be sure that your relationship is not just about facilitating status in Canada for your foreign national partner. Also, spousal/common-law partnerships are exempt from minimum income requirements - but as the sponsor, you're going to need to demonstrate that you intend to accompany your partner to Canada and resettle here in order to be approved.