Were engaged!! Now what...?

[ALLY06]

Hello!

I have been seeing my canadian boyfriend (fiance) for about three years now. I came to Canada from California on a visitors visa, and have been traveling back and forth for about a year now. He proposed a few months ago and we are plaiing a wedding in California in (hopefully) September 2012. We then plan to move back to Vancouver and live together afterwards.

Any suggestions on where to start with this process? WHich application do I send in? I want to gain PR and legally work here as soon as I can. Should I start with a PR application now? (7 months before we are married?) or wait until we have our marriage license/certificate?

I just dont have the $5,000 to hire a lawyer and have been told we can do this process ouselves, but I want to make sure I am sending in the right application!

Thank you

 

[waitingitout]

Congratulations, All06!

Your next steps really depend on what you and your fiance want. You have to wait until you get a marriage license to apply for PR (in fact, maybe you could get the license now and still have your ceremony in September?). As for which procedure... well, there's inland and outland applications. There's lots of details behind both, so maybe you could do some reading online to see which suits you better?

 

[Victorfoxtrot]

Hi
Congratulations on your engagement. You have two options, either apply as common-law or wait until you are married and apply for the spousal visa. BUT, and it is a big BUT you can only apply as common-law if you can prove you have been living together as common-law partners for 1+years or more. From what you say you have been 'coming & going' for over a year now, so you might not qualify. Common-law does allow short absences from each other of a couple of weeks here and there, but to be sure I would check out the CIC website definition. You also have to show proof of your common-law relationship - e.g. tenancy agreements, bills, bank accounts etc in joint names. If you are married you of course have to prove it is a genuine relationship, but you don't need to demonstrate the living together for 1+ year.

Go to CIC.gc.ca and follow the links for the application forms & guides on the right hand side - your looking for Family Class - Sponsorship of Common-law/Spouse/Conjugal.

Outland rather than Inland (i.e. in Canada) is by far the quickest. I think as a US citizen your application is processed in Buffalo. My advice is set aside an afternoon to print off all the guides, application forms etc, pour yourself a long drink and read them through, and then do it again. You'll then begin to piece together what you need to do. If you do decide that you can't realistically prove common-law, then at the very least you can begin to fill out the forms, send off for your FBI check, gather evidence, get photos,get your medicals done etc all ahead of your wedding and then you can send it off after you are married. It can definitely be done without a lawyer - this forum is a great source of help. Good luck.

 

[GOGOGO]

Just to make you aware that FBI check recently takes 2-3 months for them to send the report to you. And the report date needs to be no earlier than 3 months before your application is filed. So you need a bit of planning around this.

Congratulations and good luck!

...send off for your FBI check...

 

[ALLY06]

Thank you for the advice!

My only question with common law, however - I have been careful about only staying the 6 months at a time I am allowed (wouldnt bank accounts/shared leases show the government I am intending to live here "illegally"....?) I have been staing with my fiance for almost 6 months at a time for about a year, so putting my name on the lease and getting a shared bank account is definitely do-able.

I am planning on staying in Canada for awhile so my "plan" is to apply from within Canada, although it does take more time (how much more time does it usually take to apply from within? Which is easier?)

(let me know if I am missing something):

1. Get FBI check/fingerprints etc the next time I am in the US
2. Fillout/send application either FROM Cali and send to Buffalo, or apply from within Canada... if I find that I do not have sufficient evidence to prove a common-law (this will probably be a few months before the wedding ceremony) I will wait until after we have our marriage license to apply as a spouse
3. Wait for a response, in the meantime have our ceremony in the US


Everyone has already been so helpful, thank you for your time !!

 

[missmini]

Thank you for the advice!

My only question with common law, however - I have been careful about only staying the 6 months at a time I am allowed (wouldnt bank accounts/shared leases show the government I am intending to live here "illegally"....?) I have been staing with my fiance for almost 6 months at a time for about a year, so putting my name on the lease and getting a shared bank account is definitely do-able.

I am planning on staying in Canada for awhile so my "plan" is to apply from within Canada, although it does take more time (how much more time does it usually take to apply from within? Which is easier?)

(let me know if I am missing something):

1. Get FBI check/fingerprints etc the next time I am in the US
2. Fillout/send application either FROM Cali and send to Buffalo, or apply from within Canada... if I find that I do not have sufficient evidence to prove a common-law (this will probably be a few months before the wedding ceremony) I will wait until after we have our marriage license to apply as a spouse
3. Wait for a response, in the meantime have our ceremony in the US


Everyone has already been so helpful, thank you for your time !!

the one year cohabitation must be continous not 6 months then 6 months break and then other 6 months....for that u need for example: lease/mortgage with both ur names for at least 1 year, important gouverment papers on either name coming at the same address, naming each other beneficiries, naming each other on pension plans, life insurance, wills, shared loan...statutory declarations from people who can state that u were living together for at least one continuous year in a marriage-like relationship, shared finance (joint accounts, credit cards), declaring common-law status on tax returns, etc .....it is not as easy as it looks...

also once u apply common-law u should notify them if u changed ur status to married; then they might process u as married anyway....lastly, if u will b married when u send the application u cannot apply as common-law; common-law is a civil status on its own, u can b one or the other

there are many threads one recent abt outland vs inland application....take a look there

u already plan to marry soon and u r already engaged i would just start preparing the application as married, u will see it does take time, u still need to proof that ur relationship is genuine; have the application ready and once u have the marriage certificate u will just send good luck!!

 

[GOGOGO]

CIC guidelines for spousal sponsorship:
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

How to apply FBI (I think you can do fingerprint in Canada and mail to FBI, no need to wait till back in CALI):
http://www.cic.gc.ca/english/information/security/police-cert/north-america/united-states.asp

The application should be mailed to:
1) Case Processing Centre (CPC) in Mississauga, Ontario (for family members living outside Canada) - no matter where your visa office would be, or
2) CPC in Vegreville, Alberta (for family members living inside Canada).

1. Get FBI check/fingerprints etc the next time I am in the US
2. Fillout/send application either FROM Cali and send to Buffalo

 

[CharlieD10]

There are few (if any) benefits to an American and other visa-exempt persons applying Inland (Spouse or Common-Law Partner in Canada Class). You are NOT obliged to apply Inland merely because you are temporarily residing in Canada. Outland preserves your right to appeal, enables you to move freely in/out of Canada if need be without jeopardising the status of your application and took about 11 months for Buffalo for 80% of cases processed in the last 12 months. Inland is 11 months for stage 1 approval, PLUS up to 8 months more for stage 2 approval. Most persons applying through Buffalo are done and become PRs well before the 11 months average timeline. There is no way around the 11+ months needed for Inland.

 

[AmericaninQuebec]

Do not apply as common law if you intend to get married. Common law is not the same as a U.S. fiancé visa, and you may end up complicating your application. If it is clear that you intend to get married then they may even reject your initial application the grounds that you do not yet qualify and/or you used the wrong forms/applied in the wrong category.

My personal advice is to go ahead and do a small ceremony now, so you can start your application process asap. This is what my husband and I did, and I believe a lot of U.S./Canadian couples do. We had a very small civil ceremony in Nov. 2010, submitted sponsorship and PR application in Feb. 2011 (took that long to get the FBI check back, and all the forms in order), and had a large religious ceremony & celebration in July 2011.

Other tips:
1) Try and visit a designated medical provider (DMP) for your medical exam while you're in Canada. It will still be $200+, but it seems to be cheaper in Canada than if you do it in the U.S. (I've heard of people paying $450+ in the States).

2) FBI background check takes 8 to 12 weeks to come back, but you must submit your PR application within 3 mths of the date of the background check. In other words, don't request it unless you'll be read to submit your application with the next 2 to 4 mths.

3) Definitely do outland. Yes processing can take up to 11 mths, but that's still far shorter than the 2 yrs inland applications are taking, and you can go back to the U.S. (or anywhere else for that matter) during the 11 mths as you like. You're not supposed to leave the country at all while an inland application is in process.

4) You can't technically move to Canada even if you are married until you are a PR. Don't plan to ship a Uhaul full of your stuff over the border after your wedding. Pack light (a couple of suitcases), and tell them at the border/airport that you are coming to visit with your husband while your PR application is being processed. Have your marriage certificate, proof of funds to support yourself, and if you can also have a copy of the receipt for PR application fees showing that you've paid and started the application process. This will make it far easier for you to enter the country and stay for the full 6 mths prior to having to get your visit extended.

5) Don't expect PR within a couple of months. 80% of applications are processed within 11 mths, so most before that, but based on the info gathered on the Outland Buffalo thread very few people are getting PR in less than 6 mths at this point. I didn't get approval until Dec. 2011, so 9 mths after Buffalo received my file.

6) Come join us on the Buffalo outland thread! There are people at all stages of the process who can give you advice.

 

[ALLY06]

Thank you for the advice! AmericaninQuebec, I think I am going to go with your suggeston and do a small civil ceremony within the next month or so to get our marriage license, and then have a larger ceremony/celebration in September in the states. I want to get this thing going!!

When we get our marriage license, I will then get the background FBI check underway (I didnt realize I could get my fingerprints in Vancouver!) and apply for PR through marriage (outland thru Buffalo) as soon as we recieve the FBI check back, and then do the health check in vancouver as well.

Just so I am on the same page, I should not apply common law or have my fiance sponsor me - but apply once we are married as ("Married") instead.

I will definitely join you all on the outland Buffalo thread!! Thanks a million

 

[AmericaninQuebec]

Thank you for the advice! AmericaninQuebec, I think I am going to go with your suggeston and do a small civil ceremony within the next month or so to get our marriage license, and then have a larger ceremony/celebration in September in the states. I want to get this thing going!!

When we get our marriage license, I will then get the background FBI check underway (I didnt realize I could get my fingerprints in Vancouver!) and apply for PR through marriage (outland thru Buffalo) as soon as we recieve the FBI check back, and then do the health check in vancouver as well.

Just so I am on the same page, I should not apply common law or have my fiance sponsor me - but apply once we are married as ("Married") instead.

I will definitely join you all on the outland Buffalo thread!! Thanks a million

Right, you will wait to send the application until you are officially married and have a copy of your marriage certificate. As I said before, unlike the U.S., there is no "fiancé" category for Canadian immigration so you have to wait until married, or apply as a common-law couple if you qualify (or a conjugal couple if that applies). Again, as I said before from what I've read on here CIC tends to frown on common-law applications being used a fiancé application. Not that you can never get married if you apply as a common-law couple, but that you shouldn't change status from common-law to married in the middle of your application process.

If you plan on getting married in the next couple of months I would go ahead and apply for the FBI background check now. Last I heard they were taking 2 to 3 months to return the background checks. Once you get it back you then have only about 3 mths to send in your application (CIC must receive your application with background check no later than 3 months after the date the FBI background check was issued for the background check to be considered valid).

Good luck and congratulations!

 

[canadianwoman]

Just so I am on the same page, I should not apply common law or have my fiance sponsor me - but apply once we are married as ("Married") instead.

Right. Apply once you are married. It looks like you would have a hard time proving you were common-law anyway.

 

[ALLY06]

I'm back! Now that we have set a date to have a "ceremony" / celebration in the states in September, I am ready to get my fingerprints done and send in for my FBI check. Can I get fingerprints done at a local police station in Vancouver?

Now for our civil ceremony, can we do this here in Canada? Or do we have to see a judge in California?

Once we are "married" how long does it take to get our marriage certificate?

Thanks for all the help everyone

 

[Morlon]

Congratz

 

[Sunshine87]

Congrats! I was in your shoes about a year ago

You can do the civil ceremony in either BC or California, as long as you get a marriage license, it's legal if you marry in either the US or Canada. I got married in Arizona, where you don't have to send the license away and wait for it to return (not sure if all states are the same or not) but I think it takes a month to get your marriage certificate back in the mail if you were to marry in Canada.

Definitely get the medical done in Vancouver if you can. Not only did my husband have to drive +2 hours to the only DMP in the state, but he had to fork out $500