U.S. citizen marrying Canadian

[Americanjoe]

Hi all, I desperately need some help. I am marrying my Canadian fiancee in 2 weeks in Canada. We are applying for PR and an open work permit 2 days after the wedding. I was going to return to the U.S. for another week to work my last week with my employer and to finish packing as I just closed on the sale of my house.

I thought I had all the information I needed to do this right but now I am worried. I read last night that it is illegal for me to "live" with the woman who will be my wife while I wait for my PR and open work permit. I guess the concern is that I will stay illegally??

I have a valid passport and no criminal record or violations in the U.S.

Also when I go to Canada in 2 weeks do I have to tell border patrol that I am getting married or will that raise a red flag?

 

[Jessilyn]

If you come in on a visitor visa, you have legal status. Once you apply for an OWP, you will obtain "implied status" until they reach a decision on your OWP application. If you're coming from the US, they normally give you an automatic 6-month visa (if you're driving they will not stamp your passport unless you ask or unless they want you to leave by a certain date. I would recommend asking for one if you are because the stamped page of your entry is a required document when being sponsored but if you're in my situation without a stamp, just send a letter of explanation). When I came and got married, they were hesitant to let me over because they thought I would stay illegally. The only reason I got accepted was because I had to go back to work in the states (and miraculously had a copy of my work schedule with me in the car) after my marriage so make sure not to give too much detail when you come into Canada.

Also, you have to wait to get your marriage certificate before you apply as they request a copy of it. Took me and my hubby about a month to get ours mailed to us.

 

[canuck78]

You need to wait until you have your marriage certificate and you are living in Canada to apply for inland. Your biggest issue is your stuff. You can’t bring the contents of your home to Canada as a visitor.

 

[Americanjoe]

If you come in on a visitor visa, you have legal status. Once you apply for an OWP, you will obtain "implied status" until they reach a decision on your OWP application. If you're coming from the US, they normally give you an automatic 6-month visa (if you're driving they will not stamp your passport unless you ask or unless they want you to leave by a certain date. I would recommend asking for one if you are because the stamped page of your entry is a required document when being sponsored but if you're in my situation without a stamp, just send a letter of explanation). When I came and got married, they were hesitant to let me over because they thought I would stay illegally. The only reason I got accepted was because I had to go back to work in the states (and miraculously had a copy of my work schedule with me in the car) after my marriage so make sure not to give too much detail when you come into Canada.

Also, you have to wait to get your marriage certificate before you apply as they request a copy of it. Took me and my hubby about a month to get ours mailed to us.

I was told by an immigration rep that since I am just a visitor that I DO NOT have legal status.

When I go back two weeks after our wedding I will be bringing my 2 Great Danes and just some clothing. I plan on telling the border patrol that I am there to spend time with my wife and will be returning to the U.S. after another 2 weeks. The immigration rep I talked to from the YMCA told me to just be honest. Explain that my application for PR and OWP are in process. I have kids in the States that I will be coming back to see at least every month

 

[canuck78]

I was told by an immigration rep that since I am just a visitor that I DO NOT have legal status.

When I go back two weeks after our wedding I will be bringing my 2 Great Danes and just some clothing. I plan on telling the border patrol that I am there to spend time with my wife and will be returning to the U.S. after another 2 weeks. The immigration rep I talked to from the YMCA told me to just be honest. Explain that my application for PR and OWP are in process. I have kids in the States that I will be coming back to see at least every month

If you are filing inland you are supposed to remain in Canada. You could be stopped from entering Canada at any time on top of being refused if you spend too many days outside of Canada.

 

[Americanjoe]

You need to wait until you have your marriage certificate and you are living in Canada to apply for inland. Your biggest issue is your stuff. You can’t bring the contents of your home to Canada as a visitor.

Yes I remembered that I have to wait for the marriage cert to apply. Wont be bringing my stuff. I pretty much sold everything but my clothes and my dogs, lol.

Can I go to the immigration website and start filling out paperwork. I hear that will take some time.

 

[Americanjoe]

If you are filing inland you are supposed to remain in Canada. You could be stopped from entering Canada at any time on top of being refused if you spend too many days outside of Canada.

 

[Samantha F]

Yes I remembered that I have to wait for the marriage cert to apply. Wont be bringing my stuff. I pretty much sold everything but my clothes and my dogs, lol.

Can I go to the immigration website and start filling out paperwork. I hear that will take some time.

As far as I am aware, you can't apply for spousal sponsorship inland online.

Here are two links to help you two get started.:
http://www.cic.gc.ca/english/information/applications/spouse.asp
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5525-basic-guide-sponsor-your-spouse-partner-child.html

It took us (personally) a few months to get all the documents together. I hope you guys have an easier time!

 

[Jessilyn]

I was told by an immigration rep that since I am just a visitor that I DO NOT have legal status.

When I go back two weeks after our wedding I will be bringing my 2 Great Danes and just some clothing. I plan on telling the border patrol that I am there to spend time with my wife and will be returning to the U.S. after another 2 weeks. The immigration rep I talked to from the YMCA told me to just be honest. Explain that my application for PR and OWP are in process. I have kids in the States that I will be coming back to see at least every month

A visitor visa is legal status. If you stay past the 6th month mark, you no longer have it. If you apply for the OWP, you will gain implied status while it is processing. That is exactly what I did

 

[Jessilyn]

Yes I remembered that I have to wait for the marriage cert to apply. Wont be bringing my stuff. I pretty much sold everything but my clothes and my dogs, lol.

Can I go to the immigration website and start filling out paperwork. I hear that will take some time.

The only thing online is the forms themselves but make sure to download Acrobat Reader (it's free). It will walk you through everything.

 

[canuck_in_uk]

I was told by an immigration rep that since I am just a visitor that I DO NOT have legal status.

When I go back two weeks after our wedding I will be bringing my 2 Great Danes and just some clothing. I plan on telling the border patrol that I am there to spend time with my wife and will be returning to the U.S. after another 2 weeks. The immigration rep I talked to from the YMCA told me to just be honest. Explain that my application for PR and OWP are in process. I have kids in the States that I will be coming back to see at least every month

Don't ever go back to that immigration rep.

If you are planning to leave Canada that often, you should be applying outland. Inland requires that you be in Canada throughout the process. If you are refused re-entry, your inland app is abandoned and you have to start all over again.

 

[Americanjoe]

It's all so confusing. They don't want me living there but if I file Inland then they don't want me leaving!!??

My plan was to return to The States one weekend a month to see my kids. Will that be a problw

Don't ever go back to that immigration rep.

If you are planning to leave Canada that often, you should be applying outland. Inland requires that you be in Canada throughout the process. If you are refused re-entry, your inland app is abandoned and you have to start all over again.

 

[Jessilyn]

It's all so confusing. They don't want me living there but if I file Inland then they don't want me leaving!!??

My plan was to return to The States one weekend a month to see my kids. Will that be a problw

So long as you can return then it really shouldn't be a problem. If this is the way you're gonna go about it then I would honestly suggest Outland unless you want to find work in Canada. Outland, you could still come and stay so long as you leave within your 6 months. And Outland sponsorship is 6 months compared to Inland 12 months from what I've read (someone correct me if I'm wrong)

 

[canuck78]

So long as you can return then it really shouldn't be a problem. If this is the way you're gonna go about it then I would honestly suggest Outland unless you want to find work in Canada. Outland, you could still come and stay so long as you leave within your 6 months. And Outland sponsorship is 6 months compared to Inland 12 months from what I've read (someone correct me if I'm wrong)

You can always file for a visitor extension if you remain I Canada for 6 months. You will get implied status when you apply for OWP but if you leave Canada you lose your implied status.

 

[Americanjoe]

So long as you can return then it really shouldn't be a problem. If this is the way you're gonna go about it then I would honestly suggest Outland unless you want to find work in Canada. Outland, you could still come and stay so long as you leave within your 6 months. And Outland sponsorship is 6 months compared to Inland 12 months from what I've read (someone correct me if I'm wrong)

Well i will be applying for an open work permit and sold my house in the States so I have no place to stay with my dogs in The States