Sponsoring American wife to Canada

[thekevbot]

Hi all, hoping I can find out the best method of doing this...

Our case:

1) I am a Canadian citizen marrying my fiancé, who is a US citizen, in April, in the US
2) She is currently living in Canada with me since May 2012 with an open work permit good until May 2013
3) She was denied an extension to her work permit (on grounds that it wouldn't create meaningful benefit to the labour market)
4) As it currently sits, we get married on April 26th, 2013 in the U.S. and her status in Canada is good until May 13, 2013 at which point, she is supposed to exit the country.
5) After we are married, I plan on sponsoring her for Permanent Residency


And my questions:

1) After we get married in the US, it is very soon after that her work permit expires—will this cause problems for her coming back into Canada? Or can she come back in on a temporary visitor Visa?

2)What is the best way to go about sponsoring her?

3)She is going to take my surname—will this complicate the process? What's the best way to go about this?

Thanks for looking and in advance for any help—it's much appreciated.

 

[thekevbot]

Hopeful bump...

 

[mameelynn]

So I would say that it seems like if you are traveling back to the US for the wedding doing outland sponsorship would be best(and faster then inland). I'm pretty sure you could send in for an extension for her to visit before her permit ends but I'm not 100% on that one. She could always just visit and extend it that way after her work one expires but she might have to show strong ties with the US so they don't think she is going to just stay in Canada. If you are planing on getting married in April and then try and send in here paperwork asap I would say send in her fingerprints now! I would try to get as much of your paperwork done now so that it is ready. You will need a copy of your marriage license but if you don't get everything switched over from her maiden name before you send it in I don't think it would really be that big of deal or you could wait until you have all of her id in her married name before you get it sent in. I just know if it was me I would want to get the paperwork sent asap.

 

[Sweden]

hey there,

Congrats on getting married!

You can sponsor her inland, or outland. See the first post (spousal sponsorship by Leon, only the first page!) to see the differences between the two.

you can sponsor her as soon as you are married (once you have the marriage licence), or already now if you qualify as common-law ( having lived together for at least 12 months).

1- going back to Canada, she can come on a visitor/tourist visa. You have to prepare a bit, and make sure that you have the proofs that you have applied for PR, or you are going to - pay the fee, and carry the receipt with you. it should be fine, as long as you say that she is coming to visit you while waiting for the PR, and not that she is moving with you ( even if she already lives in Canada). once she is on a visitor visa, you can keep extending it from within Canada. ( I'm assuming you're applying outland there, if you decide to go inland, then it's different).

2- best way: download the forms, read the guidelines, start preparing everything. Once you are married ( or already now if you are commonlaw) then send everything, and wait!

3- no, it's very common. As long as your marriage licence had both her old and new name on it, and she has all the ID changed, then it's OK. Might be easier to do it with her maidden name, as I assume her documents (ID etc) are not with her married name yet, but it's not a problem.
Good luck,
Sweden

 

[Sweden]

So I would say that it seems like if you are traveling back to the US for the wedding doing outland sponsorship would be best(and faster then inland). I'm pretty sure you could send in for an extension for her to visit before her permit ends but I'm not 100% on that one. She could always just visit and extend it that way after her work one expires but she might have to show strong ties with the US so they don't think she is going to just stay in Canada. If you are planing on getting married in April and then try and send in here paperwork asap I would say send in her fingerprints now! I would try to get as much of your paperwork done now so that it is ready. You will need a copy of your marriage license but if you don't get everything switched over from her maiden name before you send it in I don't think it would really be that big of deal or you could wait until you have all of her id in her married name before you get it sent in. I just know if it was me I would want to get the paperwork sent asap.

to answer the question - you can ask for a change of status at the end of her work permit, she doesn't have to leave the country. So - you get married in April in the US, she comes back on her work permit ( still carry the proof of the PR application with you, just to make sure that you have all the proofs), and before her work permit expires (and normally 30 days in advance) you can file (online or via post) a request for a change of status. It takes a while to be processed, but as long as you don't have an answer, she is good to stay in Canada (implied status). Then she will get in the mail a new status, as a visitor, allowing her to stay ( but not work, and most likely no healthcare, unless you're in Alberta) in Canada to wait for her PR.

It takes a while to get a PR - so I agree with mameelynn - the earlier the better...
Sweden

 

[thekevbot]

Thank you so much for your replies!

So what you're saying is that she should apply to have her status changed before her work permit expires, and have all the PR forms filled out and ready to go, and then go get married in the US, and as soon as we're married, send off the PR application? And then when we come back into Canada with her as a visitor, we shouldn't have a problem if we have the proof that we sent in for PR?

A new question—if we have her status changed to a visitor, can we still apply outland?

 

[Sweden]

Thank you so much for your replies!

So what you're saying is that she should apply to have her status changed before her work permit expires, and have all the PR forms filled out and ready to go, and then go get married in the US, and as soon as we're married, send off the PR application? And then when we come back into Canada with her as a visitor, we shouldn't have a problem if we have the proof that we sent in for PR?

A new question—if we have her status changed to a visitor, can we still apply outland?

You can be in Canada as a visitor and apply outland, yes, no problem. Half of the US citizens on the forum are waiting in Canada already! ;-)

Change of status - yes, it has to be done before her current one expires, like this it "buys her time". Let's say you send the change of status application on the 15th of April. It takes about 2 months to get the answer. SO she is covered to stay in Canada until CIC sends her answer ( most likely 15th June). In the meantime, you get married, go to the US and come back ( on the same work permit visa she has). Then stay in Canada, and wait! once she gets her visitor visa in the mail, hopefully it's a 6 months one - but you can keep on extending it as long as you do it before the previous one expires.

PR forms - it takes a while to fill out everything. She will need a FBI record, and it takes about 6 to 8 weeks to get, from the experience of others here - so start by applying for that already now. Leave the medicals for the last minute, as they are only valid for one year, and you want to have them done as close to the sending date as possible. She can do it in Canada as long as it's with a doctor on CIC list ( see the website).

Start preparing everything, get married, and send it!

If you're getting married in April and her work permit is until may, she would still come back on her work permit. She would stay in Canada as a visitor once her work permit has expired. THere is never a guarantee that she will be let back into Canada, but you can put all chances on your side by preparing well, having the PR application ready ( so they see that you are actually applying for PR and not trying to overstay etc).

Good luck,
Sweden

 

[thekevbot]

Awesome, thanks for being so helpful!

One more question, if we apply outland, do the forms need to be sent from outside of Canada?

 

[Sweden]

Awesome, thanks for being so helpful!

One more question, if we apply outland, do the forms need to be sent from outside of Canada?

no - you can be physically present in Canada, and send everything from here. Outland versus inland refers to the office that will handle your application - for you, Mississauga first, then Ottawa ( as most of the US based offices are closed now). yep - it's confusing!
Sweden

 

[thekevbot]

Yeah, talk about confusing! I'm feeling much better about all this now though, it's nice to have a sort of step-by-step to follow—makes it a little less intimidating...

A little less... haha... :-\

 

[Sweden]

Yeah, talk about confusing! I'm feeling much better about all this now though, it's nice to have a sort of step-by-step to follow—makes it a little less intimidating...

A little less... haha... :-\

Don't worry - we've all been through the confusion/overwhelmed phase, then it gets better! print out the forms and the guidelines, READ them ( sounds silly but it's useful to do it before!), start getting organised and having an overview of what needs to be done, and you'll be fine! and - feel free to come back to the forum for questions - there are plenty of US/Can couples here that are knowledgeable and willing to help!
Sweden

 

[thekevbot]

I will almost certainly be here back and forth for the next while

I am looking at the CIC page for applying to change conditions as a visitor and it's a little confusing. At the top of the page there's this notice:

Effective May 29, temporary residents currently in Canada with valid student or temporary foreign worker status must submit their application for a new temporary resident visa to the Case Processing Pilot Office in Ottawa (CPP‑O), or visa office that serves their country of nationality.

But at the bottom of the page, it says to send it to the Vegreville office. If we send it before May 29, do we send to Vegreville, or Ottawa?

 

[amikety]

I will almost certainly be here back and forth for the next while

I am looking at the CIC page for applying to change conditions as a visitor and it's a little confusing. At the top of the page there's this notice:

But at the bottom of the page, it says to send it to the Vegreville office. If we send it before May 29, do we send to Vegreville, or Ottawa?

Temporary status extensions go to Vergeville. I'm 110% positive because my extended Visitor's Record came from Vegreville.

I'm also American. I didn't read all of the posts, but I read some of them. Just trust me when I say, a request for an extension of visitor status with proof of marriage and PR application will be approved 99% of the time. Apple for the status extension and tell them you're going to get married and do the PR. However, do it only 30 days in advance. You should be fine.

 

[thekevbot]

Temporary status extensions go to Vergeville. I'm 110% positive because my extended Visitor's Record came from Vegreville.

I'm also American. I didn't read all of the posts, but I read some of them. Just trust me when I say, a request for an extension of visitor status with proof of marriage and PR application will be approved 99% of the time. Apple for the status extension and tell them you're going to get married and do the PR. However, do it only 30 days in advance. You should be fine.

We get married on April 26, her status in Canada is up on May 13, and we are re-entering Canada on May 6. Should we send our status extension application after we are married but before her status is up?

 

[amikety]

We get married on April 26, her status in Canada is up on May 13, and we are re-entering Canada on May 6. Should we send our status extension application after we are married but before her status is up?

Just wait until you come back to Canada. Bring proof of marriage and PR process - even if its just a receipt for fees paid. You ask the IO for your spouse to stay while you wait for the PR. Traditionally, they usually issue a Visitor's Record. It's kinda like a visitor visa for visa exempt citizens. It can also be valid for longer than 6 months. (Mine is 14 months.) If its the Canadian asking, the IO usually are quite helpful