Spousal Immigration and PR Questions

[MustLoveCats]

My FH and I are getting married October 2017 and I will finish graduate school in 2018. He is from Canada and I'm from NY. We are debating if I should remain in the US after grad school and look for work in my field to build up my resume and finances, or if he should try to bring me over right away.

What is the general wait period to become a Permanent Resident?

From our understanding spouses do not get PR or even citizenship right away. Citizenship takes 3 years but we do not know about PR. Also please correct if I am wrong, but once you are a PR you can apply for work and healthcare?

I have some medical issues that require attention and medication. We both are worried how long it would take me to become a PR. I also have read some confusing comments. Once he applies to sponsor me, during the whole waiting process we are not allowed to see each other?

How would I be able to keep my US Citizenship when I become a Canadian Citizen? And if we have kids before I am able to immigrate there, would our children be both US and Canadian citizens, so they would be able to have healthcare in both countries?

If someone can please help explain these issues it would be appreciated. Thank you.

 

[Aguaymanto]

Hi, I'll try to answer to the best of my knowledge. Yes, when you get your PR you receive health care and whatnot. When you become a citizen you can have dual citizenship, Canada allows that. When you apply you will add your children on your application and they will become PR. As for the time, I would say expect at the minimum 1 year, it takes awhile to gather documents and such and then 9 months or so (if everything goes smoothly) for your application to be processed (you can check the processing times on the Canadian gov. website. As for your medical issues, when you become PR you have access to health care, however you have to take a medical test before becoming PR, so whatever your condition is it could be a possible issue. Hope this helps!

 

[Ponga]

To the OP:

Wow...you've gathered some bad information in your quest for answers!

1. Most U.S. citizens are completing the entire process in ~6 months (+/-). This is because most applications are processed in Ottawa, NOT in one of the U.S. Visa Offices. Only those with `issues', such as questionable relationship with their sponsor, criminality, or other admissibility issues seem to go the one of those offices. Because of this, the processing times shown on CIC's own website are not a true reflection for most U.S. applicants.

2. See # 1. Citizenship is not a requirement to live, work and perhaps even die, in Canada. As long as you maintain the Residency Obligation (RO) to maintain your PR, you may decide not to even apply for citizenship down the road.

3. For a Spousal Sponsorship, the medical demand restriction is waived. The only issue will be if you have a condition, such as Active Tuberculosis, or something else that would be deemed to be a danger to the public. And...there is nothing preventing you from `visiting' him in Canada while your application is in process. You can even enter Canada first, as a `visitor', and then submit the Outland application. You should NOT even consider an Inland application (if you do come to Canada) as they are most often times a bad choice for people that are visa-exempt (like you).

4. Your children would have dual citizenship (assuming your fiancee [male has two `e's] is a Canadian citizen). Your choice as to whether or not you apply for citizenship someday. Just be aware of the tax complications that Americans face when living abroad.

 

[MustLoveCats]

Thank you so much for helping to answer these questions. Okay so give or take 6 months to a year from the date my FH would submit the spousal sponsorship application I would be able to immigrate? And then do I become a PR right away? Or is there a waiting period for that? And how much time do I have to make the move once approved? I read a person has 6 months?

My medical conditions are Hashimoto's Thyroiditis and reproductive issues such as benign tumors and endometriosis. I know they are not life threatening to other people but I need daily medication and frequent doctor visits. This plays a big part in deciding when FH would apply.

That is such a relief to know I could still visit him when the application has been submitted.

I just did some reading on a site regarding the outland application. You are right Ponga I think outland is best. I think it would be impossible for our situation to do anything but that due to my commitments here in the US.

I am happy to hear as well that our kids would be granted dual citizenship. So that means that our kids would have healthcare both places then I'm assuming, which is a good thing.

I think I definitely wish to hold duel citizenship in the future. When you mention the tax complications that Americans face does that mean if I don't become a PR of Canada or a citizen? I definitely want things to go as smoothly as possible.

 

[Ponga]

If you apply Outland, you will [hopefully] receive something called your Confirmation of Permanent Resident document (COPR) in the mail. Once you have this document, you then come to Canada to `Land' as a PR. For those that are already in Canada when they receive their COPR, they either go to the nearest land border to land, or schedule an appointment at their local CIC office. The COPR is usually valid until the one year anniversary date of the [required] immigration medical exam.

Once you land, you can immediately return `home' to tie up loose ends, per se, and actually have up to two years (730 days to be exact), before you absolutely must return to Canada.

Regarding health care for you and your children...it all depends on where your residency is, I believe, so don't expect to have simultaneous coverage between countries 24/7.

The U.S. is one of only two countries in the world that taxes citizens, regardless of residency. You will need to file and pay taxes in each country, BUT...thanks to the tax treaty between The U.S. and Canada, you will not be double taxed. You will file in both countries, but taxes paid in Canada will be credited towards any U.S. tax liability and vice versa. You will be forever taxed on your worldwide income, unless you renounce your U.S. citizenship. Yay!