Sponsoring an American... sort of! An interesting scenario

[twobelowpar]

Hi folks. I have a bit of a complicated question. I've done research on the CIC website but it's hard to get specifics from that. Here's the dealio. At this point it's all hypothetical but very possible. My girlfriend is an American. We're thinking of getting married next spring/summer. I take it that me sponsoring her would be the best way to go. Here's the catch. She will still have one semester of school remaining. Since her school is near the border and I live near the border, we would spend 4 days a week apart and then she could come home for the other 3 days. Ideally. Should she apply for a visitor visa (multiple entry) indicating that she has to return to the States in the fall to finish school? And at the same time submit a permanent residence sponsorship app? Or should we only put in a sponsorship and hope they let her in the country to start with? A bit of a conundrum.
Thanks!

 

[Leon]

Get her a Nexus card and she will get through the border like nothing or so I've heard, see http://www.cbp.gov/xp/cgov/travel/trusted_traveler/nexus_prog/nexus.xml

You should file for an outland application, that is she is living in the US and you are living in Canada. That way, if she ever got a really mean border guard that banned her from entering Canada, she can just return to the US and patiently wait for her processing to get done and you could go back and forth to visit her.

 

[twobelowpar]

Thanks for the suggestion, Leon.
I failed to mention that she would ideally live here with me for the 3 or 4 months before her final semester started. She would need something to allow that though, right?

 

[Leon]

An American can stay in Canada for up to 6 months as a visitor.

 

[twobelowpar]

Thanks for your answers.
Alrighty.. so I take it she wouldn't even need a visitor's visa, but would have to convince them she would be returning to the States to finish school. In the mean time, we put in an outland permanent residence sponsorship.

 

[Leon]

Yeah, she can bring a letter from school just in case but with a Nexus card, it is supposed to be very painless to cross.

 

[RobsLuv]

Thanks for the suggestion, Leon.
I failed to mention that she would ideally live here with me for the 3 or 4 months before her final semester started. She would need something to allow that though, right?

First, there are no visitor visas (or multiple entry visas) for US citizens. And she can't really "live with" you until after she has permanent status. She's only allowed to come to Canada as a visitor before she gets PR - and until she has PR, every time she leaves Canada and tries to come back, she will be re-assessed as far as her intention to only stay temporarily. At any time she could be refused entry, and if she gets someone at the border who wants to be pi$$y, they can exclude her from Canada for up to two years just because they feel like it. And if they do that, even getting PR won't get her in until that time is up. The NEXUS card might work - it's definitely worth finding out about.

In the meantime, whether or not this is even going to be an issue depends a lot on timing. You say you're getting married next spring/summer - what you'll do is file an outland PR application as soon as you're legally married. You can fill out all the forms, collect all the supporting evidence, get her medical done and get her criminal clearances all before the wedding. Then put the thing in the mail the day after you get married, with a copy of your solemnization certificate. (You'll need to apply to the county or Province you marry in immediately after your marriage for a copy of your certified marriage license so you can submit a photocopy of that to CIC as soon as you get it back). Sponsorship approval will take about 4-6 weeks, then the file will go to Buffalo to be finalized. That is currently taking 4-9 months - and that processing time has been pretty consistent over the past couple of years, so should be close to the same next summer. After you're married you'll be able to get her into Canada to stay with you (just follow the information on this page of the US2Canada website) BUT that's just to stay - not to come back and forth. Once she leaves, the status you get her when you accompany her to Canada is invalidated and, as I said before, anytime she's trying to enter Canada by herself (especially with a husband in Canada and a PR ap in process) she's at risk of being refused entry. The NEXUS card might do the trick because she won't have to stop and be assessed every time - but I don't know the conditions under which they issue those to foreign nationals . . . so look into it.

 

[twobelowpar]

Thanks for the suggestion, Leon.
I failed to mention that she would ideally live here with me for the 3 or 4 months before her final semester started. She would need something to allow that though, right?

First, there are no visitor visas (or multiple entry visas) for US citizens. And she can't really "live with" you until after she has permanent status. She's only allowed to come to Canada as a visitor before she gets PR - and until she has PR, every time she leaves Canada and tries to come back, she will be re-assessed as far as her intention to only stay temporarily. At any time she could be refused entry, and if she gets someone at the border who wants to be pi$$y, they can exclude her from Canada for up to two years just because they feel like it. And if they do that, even getting PR won't get her in until that time is up. The NEXUS card might work - it's definitely worth finding out about.

In the meantime, whether or not this is even going to be an issue depends a lot on timing. You say you're getting married next spring/summer - what you'll do is file an outland PR application as soon as you're legally married. You can fill out all the forms, collect all the supporting evidence, get her medical done and get her criminal clearances all before the wedding. Then put the thing in the mail the day after you get married, with a copy of your solemnization certificate. (You'll need to apply to the county or Province you marry in immediately after your marriage for a copy of your certified marriage license so you can submit a photocopy of that to CIC as soon as you get it back). Sponsorship approval will take about 4-6 weeks, then the file will go to Buffalo to be finalized. That is currently taking 4-9 months - and that processing time has been pretty consistent over the past couple of years, so should be close to the same next summer. After you're married you'll be able to get her into Canada to stay with you (just follow the information on this page of the US2Canada website) BUT that's just to stay - not to come back and forth. Once she leaves, the status you get her when you accompany her to Canada is invalidated and, as I said before, anytime she's trying to enter Canada by herself (especially with a husband in Canada and a PR ap in process) she's at risk of being refused entry. The NEXUS card might do the trick because she won't have to stop and be assessed every time - but I don't know the conditions under which they issue those to foreign nationals . . . so look into it.

I haven't logged into this site for a while so I just saw this now. Thanks for the explanation, RobsLuv. I understand she wouldn't be "living" with me until after the sponsorship is done. The part about being refused entry does worry me. We're more serious about a May wedding now but I'm still uncertain about the living here part. We probably wouldn't go into the States all summer and if she was able to get a work permit for the summer that would help, but even when she starts her final semester in September, I'm worried she won't be able to "visit" me on weekends. Sounds like it's just a risk we'll have to take? Though I guess if the PR isn't done by September, that I could just visit her instead until the PR is approved.
By the way we've both applied for Nexus cards. My interview is today.

 

[NYCtoNB]

there are TRV's for American citizens and she can LIVE with you for up to six months

 

[RobsLuv]

there are TRV's for American citizens and she can LIVE with you for up to six months

No there are NOT Temporary Resident Visas for US citizens - US citizens are visa-exempt. Only non-visa-exempt nationals have to apply (in advance of boarding transport to Canada) for a TRV.

And - she cannot LIVE with you for six months. She can come to Canada to visit and, if she is allowed to enter Canada at all, she's then authorized to stay for up to 6 months. If she gets documented status on her entry, and she's an eligible PR applicant with an application in process, she can apply from within Canada to extend her 6 months status. But if she can't prove when she entered Canada, she'd have to leave and then try to re-enter in order to get another 6 months.

 

[twobelowpar]

And - she cannot LIVE with you for six months. She can come to Canada to visit and, if she is allowed to enter Canada at all, she's then authorized to stay for up to 6 months. If she gets documented status on her entry, and she's an eligible PR applicant with an application in process, she can apply from within Canada to extend her 6 months status. But if she can't prove when she entered Canada, she'd have to leave and then try to re-enter in order to get another 6 months.

Understood. It's the period between her starting school again in September and our sponsorship getting done that concerns me. If she's coming back here every weekend, even with proof that she is going to school and living in Michigan and that we have a sponsorship in process, they might get suspicious.

 

[NYCtoNB]

there are TRV's for American citizens and she can LIVE with you for up to six months

No there are NOT Temporary Resident Visas for US citizens - US citizens are visa-exempt. Only non-visa-exempt nationals have to apply (in advance of boarding transport to Canada) for a TRV.

And - she cannot LIVE with you for six months. She can come to Canada to visit and, if she is allowed to enter Canada at all, she's then authorized to stay for up to 6 months. If she gets documented status on her entry, and she's an eligible PR applicant with an application in process, she can apply from within Canada to extend her 6 months status. But if she can't prove when she entered Canada, she'd have to leave and then try to re-enter in order to get another 6 months.

you don't have to apply for a trv when you are an American citizen that is correct but very often when you cross the boarder for 3 or more months under questionable circumstances ( ie. you have a fiance, husband, wife, ect.. in country and they feel you might stay illegally) they will issue you one at the boarder crossing. i know this because i have had five since i started seeing my now husband and am a united states citizen