US Citizen marrying a Canadian "snowbird"... trying to work out the details

[GoodOlDan]

Hi all...

I'm a U.S. citizen (living in Florida). It looks like I will be marrying my Canadian "snowbird" girlfriend (who lives in Ontario) soon... haven't determined where or when that wedding might be yet.

We're both retired and do not work, and she owns a condo here in Florida (where we met), as well as a home in Ontario. We're trying to work our a plan where we can be together without any separation that might result from me applying for permanent resident status in Canada (with her as my sponsor) at some point.

The plan we have at the moment...

I travel with her to Ontario, say on April 1, and I enter Canada with my passport (and a boatload of documentation in my hip pocket regarding my permanent residence in the US (her condo in Florida) and income like my social security and pension records, a bank statement, utility bills, a lease, my Florida driver's license, car registration, voter's registration and maybe even a return plane ticket . Presumably (since I haven't been to Canada in years), I'm easily allowed entry for 6 months, and we live happily in her Ontario house for, say, 182 days. During that time, my US Medicare supplement provides for emergency medical care in Canada, and for routine care I'd have to drive to the closest US city (Port Huron MI), about an hour away. Ontario's health plan covers her medical in Canada, and she buys travel insurance for the trips to Florida.

Which raises the first question. Say in a month or two after we arrive in Canada we drive into the US to see my doctor, have lunch, and then head right back into Canada the same day. What does that do to my "tourist" status... reset the 6 month clock? What if that same trip happens a few times during my first 6 months in Canada?

Six months after our initial arrival on April 1, we leave Canada on November 1 and head for Florida. Then, after six months in the sunshine, we return again to Canada on about April 1. Am I likely to be hassled for re-entry into Canada this time even though I've been out of the country for about 6 months... or (hopefully) just breeze right through to begin the cycle again.

Ultimately, me obtaining Canadian Permanent Resisident status is probably the correct thing to do... and I'm certainly willing to do that. We would have a choice of applying in-country (in Canada) or out of country (while we're in Florida)... whichever is to our advantage. My hunch (not based on any knowledge of the subject) is that applying in-country might be less likely to result in us being separated? What are your thoughts on all this?

Thanks to all for your help!

Dan

 

[scylla]

If you exit Canada as a visitor there is never a guarantee you will be allowed back in (it's up to the CBSA officer you encounter). If you trip back and forth across the border often (especially on day trips) - this is risky since this is the behaviour of someone who is living in Canada rather than visiting. Generally we recommend you avoid these kinds of trips if you can. If you have to make these trips, understand there's always some chance of being refused entry. Assuming you are allowed back into Canada, then one of three things will happen - your passport will be stamped again and you'll be given another six months, your passport won't be stamped and you'll be allowed back in on your original visit with your original visit expiry date - or your passport will be stamped and a date written in by which you must leave that is less than six months (this typically happens when the CBSA officer feels you may be abusing your visitor privileges). Again, what happens is all up to the officer.

If you decide to apply for PR - you can't apply inland based on your lifestyle since inland requires you to be living in Canada and takes around 2.5 years to process end to end. Apply outland. It doesn't matter if you are in Canada or outside of Canada when you do that. Outland is taking as little as four months these days for some Americans.

 

[GoodOlDan]

Thank you for the quick response!

Given the risks you mentioned with regard to being readmitted as a tourist after leaving Canada, is there any reason in and of itself that having an outland application for permanent residency on file would prevent you from being admitted/readmitted as a tourist while it is being processed?

Thanks!

Dan

 

[GoodOlDan]

Scylla:

OK, I've read up a bit more on both Canadian and U.S. immigration... based on your earlier input, how about this for a revised "plan B"?:

1.) My Canadian snowbird sweety and I get married in Canada at the first opportunity. Perhaps it would simplify things if she did not change her last name to mine at this point (so her passport and other documents would not need to be immediately change to reflect her correct name)?

2.) Shortly afterward, she and I travel to the US (to her condo in Florida, our permanent address in the US.).. she enters the US on "visitor" status. Upon arrival we do the following right away...

a.) We file an application with USCIS for her permanent U.S. residency (green card) with me as her relative/sponsor. We simultaneously submit the I-130 ("Petition for Alien Relative"), the I-485 ("Application to Adjust Status") and the I-131 ("Application for Travel Document", so she can get "Advanced Parole" and a multiple-entry document, and travel while waiting for her green card if need be). ETA for her to get her Green Card might be as short as 4 months

b.) I file my "outland" application for Canadian permanent residency with her as my sponsor. Hopefully you are correct and such an application would be processed relatively quickly (you mentioned 4 months... I think the web site shows 17?).

One question I can't seem to get an answer to is whether travelling to Canada as a "tourist" while my PR application is being processed would cause any problems, either at Canada entry/exit or with the application itself? Hopefully the application would be processed quickly and this would become a mute point.

Thanks again for your help!

Dan

 

[GoodOlDan]

But then there's always another wrinkle. I have a form of heart disease with an ICD (defibrillator), and from what I can see that would probably be grounds for failing a medical exam and being denied PR, no?

Dan

 

[scylla]

But then there's always another wrinkle. I have a form of heart disease with an ICD (defibrillator), and from what I can see that would probably be grounds for failing a medical exam and being denied PR, no?

Dan

Spouses cannot be denied for this reason. So no.

 

[scylla]

Scylla:

OK, I've read up a bit more on both Canadian and U.S. immigration... based on your earlier input, how about this for a revised "plan B"?:

1.) My Canadian snowbird sweety and I get married in Canada at the first opportunity. Perhaps it would simplify things if she did not change her last name to mine at this point (so her passport and other documents would not need to be immediately change to reflect her correct name)?

2.) Shortly afterward, she and I travel to the US (to her condo in Florida, our permanent address in the US.).. she enters the US on "visitor" status. Upon arrival we do the following right away...

a.) We file an application with USCIS for her permanent U.S. residency (green card) with me as her relative/sponsor. We simultaneously submit the I-130 ("Petition for Alien Relative"), the I-485 ("Application to Adjust Status") and the I-131 ("Application for Travel Document", so she can get "Advanced Parole" and a multiple-entry document, and travel while waiting for her green card if need be). ETA for her to get her Green Card might be as short as 4 months

b.) I file my "outland" application for Canadian permanent residency with her as my sponsor. Hopefully you are correct and such an application would be processed relatively quickly (you mentioned 4 months... I think the web site shows 17?).

One question I can't seem to get an answer to is whether travelling to Canada as a "tourist" while my PR application is being processed would cause any problems, either at Canada entry/exit or with the application itself? Hopefully the application would be processed quickly and this would become a mute point.

Thanks again for your help!

Dan

1) She can change her name whenever she wants to. Or of course not change her name at all.
2 - a) Post this question on a US immigration forum.
2 - b) Yes. Note that if she is sponsoring you from outside of Canada (i.e. while she is outside of Canada), she will need to prove proof you plan on residing in Canada once the application processing is complete and you have been granted PR status.
3) Won't create issues entering Canada.