Same Sex Couple: American Marrying a Canadian

[saddlepatch]

Okay, I really am confused. I keep reading forms and US2CANADA and then seeing replies on forms regarding this issue, so someone please help me and provide some clear answers for me!

My fiance and I are want to live together and get married badly, we're sick of being apart (we have been dating for 3 years now so that shouldn't be considered fraud). They're in the southern states and Im in Ontario. Im planning on moving out and having her come up and then getting married with in the first few weeks she stays as its my understanding she does not need a visa to stay in Canada as a "visitor"

Now THIS is where I get confused. AFTER we are legally married, what happens next? Is applying for PR easy for her? My understanding is a Spousal PR status application does not require me to meet a certain amount of yearly income as long as Im able to support us both and have no government assistance or have claimed bankrupacy? We both have NO criminal record, but Ive been denied entry into the Us once back in 2009 only because I had no real ties to Canada (ie: a job or attending school at the time) I am the legal Canadian resident, shes the american.

Here are my questions one by one:
1) After we get married and apply for PR, does she have to go back to the US or can she still remain in Canada just without any benefits? If so how long can she stay up here why the PR application is being processed?
2) While the PR application is being processed, can she visited her family in the US and come back to our home in Canada without any issues?
3) Can we do a outland PR application and have her still be in Canada living with me?


I guess my biggest concerns are, Can she stay here after we are married so we no longer have to do this stressful being apart long distance thing anymore and while she is here, can she go visit her family and come back to Canada with no issues while the PR is processing, or does she have to remain in Canada the entire time?

Also how do we approuch boarder when we are driving up from the southern states (which is what we have planned now) and what do we say/do?

Thanks!

 

[amikety]

Oh, those silly southern states. Haha, I hope she enjoys the cold weather. I moved here from Atlanta

1. She can stay in Canada as a "visitor" as long as she is allowed or return to the US. Her passport (unless stamped) will give her six months visiting time. She can apply for an extension of her stay and earn a Visitor's Record by applying online through CIC or by paper. It costs $75 and you will need to show how she plans to support herself. (I used my husband's paystubs.) Or she can leave and try to come back for another stamp good for six months.

In Ontario, she will have no Healthcare until she's AIP - approved in principal. She may want Traveler's Insurance in case she needs a doctor. If you have benefits through work, once you're married, you may be able to add her. I'm on my husband's and we've never had any questions asked.

2. She can go back to the US to visit. If you apply Inland, it's not recommended by Immigration Canada (it's addressed in their FAQs) because refusal for entry at the border for any reason will void the PR app. Outland might be better. She can visit you and visit her family in the US. There's still a chance she'll be rejected at border, especially if she has no ties - there's never a 100% guarantee to get into Canada (even with a Visitor's Record). I'd recommended getting a "permanent address" in the US (mine is my dad's) that she does have mail going to - it can be forwarded to her in Canada. Definitely don't overstay the 6 month visit without a Visitor's Record.

3. Yes, you can. If you are picked for an interview, she may have to travel to the US for that, so have funds prepared just in case. Interviews are uncommon for American-Canadian married couples. (I honestly have no idea if being a same-sex couple effects this, but I hope it doesn't.)

She should tell the border agent the truth - she's going to visit her girlfriend. However, it's best not to volunteer information. Be honest and concise without being snippy. The agent will ask questions, so let him or her lead the conversation. He or she may ask "Is X state home for you." (Whatever state your address is on your passport.) That's why I recommend having a "permanent" address back in the US. Be polite.

However, if she's driving, I wouldn't recommend packing up a ton of belongings. That is a red flag. It's best to wait to move the majority of her stuff until later. Bring a limited number of small items now. Ship some more obvious items if she decides she needs them. If at all possible, it might be best to wait until she's AIP to bring the majority of item and any large furniture AND you be with her.

 

[saddlepatch]

Oh, those silly southern states. Haha, I hope she enjoys the cold weather. I moved here from Atlanta

1. She can stay in Canada as a "visitor" as long as she is allowed or return to the US. Her passport (unless stamped) will give her six months visiting time. She can apply for an extension of her stay and earn a Visitor's Record by applying online through CIC or by paper. It costs $75 and you will need to show how she plans to support herself. (I used my husband's paystubs.) Or she can leave and try to come back for another stamp good for six months.

In Ontario, she will have no Healthcare until she's AIP - approved in principal. She may want Traveler's Insurance in case she needs a doctor. If you have benefits through work, once you're married, you may be able to add her. I'm on my husband's and we've never had any questions asked.

2. She can go back to the US to visit. If you apply Inland, it's not recommended by Immigration Canada (it's addressed in their FAQs) because refusal for entry at the border for any reason will void the PR app. Outland might be better. She can visit you and visit her family in the US. There's still a chance she'll be rejected at border, especially if she has no ties - there's never a 100% guarantee to get into Canada (even with a Visitor's Record). I'd recommended getting a "permanent address" in the US (mine is my dad's) that she does have mail going to - it can be forwarded to her in Canada. Definitely don't overstay the 6 month visit without a Visitor's Record.

3. Yes, you can. If you are picked for an interview, she may have to travel to the US for that, so have funds prepared just in case. Interviews are uncommon for American-Canadian married couples. (I honestly have no idea if being a same-sex couple effects this, but I hope it doesn't.)

She should tell the border agent the truth - she's going to visit her girlfriend. However, it's best not to volunteer information. Be honest and concise without being snippy. The agent will ask questions, so let him or her lead the conversation. He or she may ask "Is X state home for you." (Whatever state your address is on your passport.) That's why I recommend having a "permanent" address back in the US. Be polite.

However, if she's driving, I wouldn't recommend packing up a ton of belongings. That is a red flag. It's best to wait to move the majority of her stuff until later. Bring a limited number of small items now. Ship some more obvious items if she decides she needs them. If at all possible, it might be best to wait until she's AIP to bring the majority of item and any large furniture AND you be with her.

Thanks so much, this is very helpful!

Just a few more questions!

Regarding you using your husbands paystubs, how did you manage to do that? Wouldn't it of had his name on them? Shes just a waitress so her wage would no way be considered enough to support (especially only getting paid 4 compared to our 10!). I make 1,400 a month plus the option for more, but only been working for two months at my new job, so I'd only have very little paystubs I can give, although I do have ones from my past job (but I only worked there 3 months as well), the rest of my employment history is under the table farm work. So just curious how you both went about that with his paystubs

And it is true that spousal applications are exempt from a certain amount of money needed to be made a year to apply to sponsor as there is no way Ill ever make 20,000 a year for quite sometime...I mean the potential is for sure there, so Im wondering if that would help my sponsorship process as I can make additional funds ontop of my salary....I know its not garenteed but its there.

 

[parker24]

Thanks so much, this is very helpful!

Just a few more questions!

Regarding you using your husbands paystubs, how did you manage to do that? Wouldn't it of had his name on them? Shes just a waitress so her wage would no way be considered enough to support (especially only getting paid 4 compared to our 10!). I make 1,400 a month plus the option for more, but only been working for two months at my new job, so I'd only have very little paystubs I can give, although I do have ones from my past job (but I only worked there 3 months as well), the rest of my employment history is under the table farm work. So just curious how you both went about that with his paystubs

And it is true that spousal applications are exempt from a certain amount of money needed to be made a year to apply to sponsor as there is no way Ill ever make 20,000 a year for quite sometime...I mean the potential is for sure there, so Im wondering if that would help my sponsorship process as I can make additional funds ontop of my salary....I know its not garenteed but its there.

My husband is from TN, and his request coming here was entirely different (originally came for work, but then decided to quit and stay here) but anyway. When we applied for his extension I just wrote a letter stating I would support him because I work at such and such a place and I get disability here in Ontario. And each time we've been approved I never showed a pay stub.

Yes, you don't need to meet a financial point, HOWEVER you do need to prove that you and your wife can support the family easily. Since she's American, it will be easy to prove. She speaks English and if she has any education it works to your advantage. Even if she doesn't, just being able to speak English fluently alone is really good. If she learns French, even better! They just want to make sure you won't go on welfare (either of you)

 

[amikety]

Thanks so much, this is very helpful!

Just a few more questions!

Regarding you using your husbands paystubs, how did you manage to do that? Wouldn't it of had his name on them? Shes just a waitress so her wage would no way be considered enough to support (especially only getting paid 4 compared to our 10!). I make 1,400 a month plus the option for more, but only been working for two months at my new job, so I'd only have very little paystubs I can give, although I do have ones from my past job (but I only worked there 3 months as well), the rest of my employment history is under the table farm work. So just curious how you both went about that with his paystubs

And it is true that spousal applications are exempt from a certain amount of money needed to be made a year to apply to sponsor as there is no way Ill ever make 20,000 a year for quite sometime...I mean the potential is for sure there, so Im wondering if that would help my sponsorship process as I can make additional funds ontop of my salary....I know its not garenteed but its there.

I only gave Immigration the most recent 3 for the Visitor's Record. Unfortunately, I don't know if you must meet minimum requirements for Visitor's Record, but you don't for PR. When I applied again some months later, I used the same three paystubs (because my scanner was broken, lol). Your gf/wife won't need to prove she has a job since she won't be working in Canada - although if she has the job to return to, it would help. (I'm trying to say if she can take an extended leave of absence, that could help your cause as she'd be techincally employed and could truthfully said she has a job back home.)

You'll need to provide Option C printout from Revenue Canada for the PR as well as supply your work address, phone number, and a letter stating you are working, your average hours, and wages.

I wasn't trying to prove I could support myself. I was trying to prove someone would support me while I was in Canada. The paystubs clearly had a Calgary address on them! The Visitor's Record application will ask how your gf/wife intends to support herself while in Canada. This is when she states "My gf/wife supports me, including a place to live, food, clothing, and other necessities." (Or something less dorky.) At the end of the application, she'll be asked to supply proof of financial support and she can attach your paystubs as proof.

If you and your gf are still worried about her working, she could try finding a job in a field that normally hires foreign workers, such as nanny or fast food. Beware of this, however. I've had some bad, scary experiences and over a year of looking without success. Since she is a waitress, it may be tempting for her to take an under the table job waiting tables.... don't do it. If she's caught or turned in, she'll be in admissible to Canada for two years.