US citizen marrying Canadian citizen but I live in US and she live in Canada

[maclou]

I am a US citizen and my girlfriend is a Canadian citizen. I am very well educated (medical doctor) and have a very nice job with the US government that I love. My girlfriend is very well educated, (PhD) and has a very nice job that she loves. She is also very close to her family and reluctant to leave Canada to come to the US. I love my job and I am reluctant to leave the US to live in Canada. Is it possible for us to legally marry then continue to live in our respective countries? If we marry but choose to live apart, what are our legal rights with regard to visitation and immigration? If we marry but live apart and I pass away (or vice versa) is she legally entitled to claim our joint property?

 

[Rusty53]

I can only imagine that your marriage would be considered suspicious if you choose to life in different countries as opposed to living together.

 

[amikety]

I am a US citizen and my girlfriend is a Canadian citizen. I am very well educated (medical doctor) and have a very nice job with the US government that I love. My girlfriend is very well educated, (PhD) and has a very nice job that she loves. She is also very close to her family and reluctant to leave Canada to come to the US. I love my job and I am reluctant to leave the US to live in Canada. Is it possible for us to legally marry then continue to live in our respective countries? If we marry but choose to live apart, what are our legal rights with regard to visitation and immigration? If we marry but live apart and I pass away (or vice versa) is she legally entitled to claim our joint property?

You can live apart (no idea why you'd want to - what if you have children?) but there will never be guarantee either of you will get into the other country unless you get landed immigrant status. In order to get that, there are residency requirements for each country. (They are different for each.)

I think you two need to do some serious searching and decide which country will be best for both of you. If you live apart, immigration may grant status, but it you never move, you will lose it too.

As far as property, I'm not sure, but know that without landed status, you don't have a SIN and she doesn't have a SSN. This may cause complications, but I think you can leave items to each other with a proper will. It's best to consult a lawyer in both countries to make sure that's handled correctly.

 

[Rob_TO]

I'm not sure i understand your situation, do you want to apply for Canadian Permanent Resident? If so then you will need to show you have a genuine relationship, and should not give any indication you plan to stay in the US. The expectation from CIC here is that you will quit your job with US government and come to live in Canada with your wife. Then after getting PR, you will need to live in Canada for 2 out of every 5 years, or your PR will be cancelled.

With no immigration status to each others countries, there are no legal rights to visiting each other. Typically it's very easy for US and Canadian citizens to cross the border each way, but no guarantee. If at some point a border officer decides one of you intends to cross the border to live with their spouse... they may deny entry.

If you marry, you can do a prenup agreement to dictate how assets are divided in case of a break-up, or a will to decide upon death. With no prenup or will, usually the spouse is entitled to everything. IMO though it seems strange you want to marry, but don't care if you actually live together. Doesn't seem much point to being married in the first place.

 

[QuebecOkie]

I'm not even sure why you're asking these questions in this forum, as it is for discussion of family class sponsorship of immigrants to Canada. It doesn't sound like you wish to move to apply for permanent residency to live in Canada with your girlfriend, so I'm not sure what your questions have to do with immigration.

 

[canadianwoman]

Is it possible for us to legally marry then continue to live in our respective countries?

Yes.

If we marry but choose to live apart, what are our legal rights with regard to visitation and immigration?

Your legal rights with regard to visitation will not change. An American can easily visit Canada, no visa required. It is up to the border official whether you will be let in, but ordinarily Americans are. If you start visiting a lot, I would bring proof of your establishment in the USA. The border agent may never ask to see it, but if he or she does ask to see some proof you intend to leave Canada, you should have proof of employment, proof of your residence (lease, mortgage, property deed), proof of bank accounts, and a dated return ticket if possible. Same with her visiting the States. Usually Canadians have no problems; if she is questioned about her intent to return to Canada, she should have similar documents about her Canadian job and residence with her.

For immigration, once you are married she can sponsor you to immigrate to Canada. However, you will be expected to immigrate to Canada - that is, come live here. If the visa officer realizes you do not intend to live in Canada, he/she will not grant the PR visa. If you do not want to live in Canada, there is really no reason to apply for a PR visa, since you can easily come visit her anyway without one.