US Citizen to Marry Canadian Citizen

[Detroitm]

I appologise if this post is redundant, but I've seen conflicting info and want to clarify. I'm a US citizen planning to marry a Canadian citizen. We've been dating for 6 years and have been engaged for 18 months. I live and work in th states, but can work remotely. Id like to live in canada ultimately, and would like to spend as much time there as possible until PR is approved.

I believe i understand that we can marry in Canada, she can sponsor me, and i can file an outland application for PR. So here are my questions:

1. If we plan to marry in Canada, do i say that when crossing the border to do so? If so, what complications are likely? If not, when i go back to the US, then return to Canada and say im visiting my wife, what complications can i expect?

2. I will likely return to the US at least once per month. Will i have trouble saying im visiting my spouse for a month?

3. Will my spouse be able to come to the US while applications are being processed?

4. When will i be able to look for a job in canada?

Im sure i'll have other questions if someone is kind enough to answer.

Thanks.

 

[OhCanadiana]

I appologise if this post is redundant, but I've seen conflicting info and want to clarify. I'm a US citizen planning to marry a Canadian citizen. We've been dating for 6 years and have been engaged for 18 months. I live and work in th states, but can work remotely. Id like to live in canada ultimately, and would like to spend as much time there as possible until PR is approved.

I believe i understand that we can marry in Canada, she can sponsor me, and i can file an outland application for PR. So here are my questions:

1. If we plan to marry in Canada, do i say that when crossing the border to do so? If so, what complications are likely? If not, when i go back to the US, then return to Canada and say im visiting my wife, what complications can i expect?

2. I will likely return to the US at least once per month. Will i have trouble saying im visiting my spouse for a month?

3. Will my spouse be able to come to the US while applications are being processed?

4. When will i be able to look for a job in canada?

Im sure i'll have other questions if someone is kind enough to answer.

Thanks.

1. Tell them the truth: you are visiting your spouse while your PR application is in process. You plan to stay for a month. When you cross to get married, say that and explain when and why you plan to leave and not overstay your visa.

The complications come up when you seem to be moving, not visiting. Visitors don't work, don't study, don't move all their belongings, plan to leave before their stay expires, etc.

2. Not when you re-enter the US (as long as you abide by the rules on what you bring back to the US). For Canada, nobody can give you guarantees - there's people that have done it weekly successfully and people that have had trouble (lots of questions, deposits required, or being turned away). Partly because they knew the rules and communicated it clearly and partly because of the border inspection 'luck of the draw.'

There's lots of threads on here on visiting your spouse - see http://www.canadavisa.com/canada-immigration-discussion-board/moving-with-spouse-while-application-is-pending-t102071.0.html;msg1411584#msg1411584 for example.

3. Yes, similar restrictions in place unless she has a fiance visa for the US

4. You'll be able to work once you are a PR unless you get a work permit before then or work temporarily for a job that doesn't require a work permit.
- Work permit: Depending on your profession, you may be eligible for a NAFTA work permit (fastest, since you can get it at the border with a job offer in hand). See http://www.cic.gc.ca/english/work/special-business.asp. Otherwise, you'll need to get a job which has a LMO (labor market opinion) which takes time.
- You can find info on jobs that don't require a work permit at http://www.cic.gc.ca/english/work/apply-who-nopermit.asp

Good luck

 

[Detroitm]

Thank you so much for your very helpful reply. Just one follow-up question. When you say that "visitors don't work," would that include me working for my US company from Canada during the month that I'm there?

I tend to go for a full week every month now. Once in a while a customs agent will ask me what I do, and something to the effect of "won't your job miss you?" Unless we're actually going on a vacation, I've always told them that I work for my Detroit company remotely while I'm in Canada. I've never had a problem, but then again we haven't been married.

Thanks again for your response and links!

 

[Isometry]

If it hasn't been a problem previously, it will probably not be a problem now. As a visitor, you wouldn't be able to start your own company/work in Canada, but since you're working a US job and not taking potential work from a Canadian, I think you are okay.

 

[OhCanadiana]

Thank you so much for your very helpful reply. Just one follow-up question. When you say that "visitors don't work," would that include me working for my US company from Canada during the month that I'm there?

I tend to go for a full week every month now. Once in a while a customs agent will ask me what I do, and something to the effect of "won't your job miss you?" Unless we're actually going on a vacation, I've always told them that I work for my Detroit company remotely while I'm in Canada. I've never had a problem, but then again we haven't been married.

Thanks again for your response and links!

The implications of working remotely depends a lot on the details. Variables such as whether the company is Canadian owned, whether Canadian or foreign entities get the benefit of your work, and whether a Canadian citizen or PR could do the work instead of you start coming into play. So depending on who you work for, who your customers/clients are, the type of work/activities you are doing while in Canada, and what your work product is you may be alright or you may need an immigration work permit. How long you are in Canada also matters (e.g., if you are in Canada over 183 days in a year you are deemed a Canadian resident for tax purposes from a CRA perspective, just like the IRS would for someone who spends that long in the US).