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| Subject: American just married a Canadian |
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I just married a Canadian woman a month ago so I really don´t know what we are going to do as far as where we are going to live. Is there a limit on how many times I can cross the border to visit her while we are both still working in our respective countries and if I decide to live there what is entailed and how long before I can work? Also what is entailed for her to live here and work?
Please help I am really confused!!!!! Thank you
[17-06-2005,19:34]
[**.150.222.7]
Melody |
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(in reply to: American just married a Canadian)
Where do you want to live? You should decide this now, as you´ll have about a year´s worth (maybe a little less) of paperwork to go through. Where did you get married?
[17-06-2005,20:49]
[**.17.200.92]
Denise |
(in reply to: American just married a Canadian)
http://www.cic.gc.ca/english/applications/fc.html
That´s for if you want to move to Canada. You really need to call someone in immigration to talk things over.
[17-06-2005,20:51]
[**.17.200.92]
Denise |
(in reply to: American just married a Canadian)
Hello Melody
If you guys want to live in Canada , she most apply as your sponsor under a family member category.
She may apply from Canada while you are in the U.S , after she is approved as your sponsor you can apply for Permanent Residence.
The whole process takes about 4 months or so.
Filling the application is very straight forward .
You may visit her as many times as you wish until the application goes through , of course your entry into Canada is up to the Immigration officer at the port of entry.
You may apply within Canada as well , but you won?t be able to work for awhile and it is safer to apply from outside of Canada.
For further information you should take a look at:
http://www.cic.gc.ca/english/sponsor/index.html
Andy
[17-06-2005,21:17]
[**.182.22.24]
Andy |
(in reply to: American just married a Canadian)
Regarless of which way you decide to go, a good tip would be to start, in an organized way, doing the following:
Document all the contact that you have with each other while you are living in your own countries (emails, phone calls (phone bill), letters, cards, text messaging).
Keep track of crossing the border. I don´t know if you can do this, but try to get the border gaurds to stamp your passport if you are driving, or find a way to prove that you two visit each other. Your credit card receipts in Canada, hers in the USA. Pictures!
Also, since you are married, having joint insurance, or having each other as the beneficiary of your savings account all looks good.
Start making lists of places you have booth lived, for how long, dates etc... Same with jobs, school, etc... Postal/Zip codes, phone numbers etc..
Come up with a concise way of desribing how you met and how the relationship developed.
Gather documentary evidence of your wedding. Receipts, photos, marriage certs...
Make sure neither of you have a criminal record... if you do, seek pardons.
These things will help you no matter which place you decide to live... Both CIC and INS will want these kinds of things.
ONE MORE THING... someone told you that you can visit each other... this may not be true. I don´t think that a person who is married to an American can vist the US when the application is taking place (or if they are already in the US, they cannot leave to Canada and come back??)... I could be wrong though. Can someone confirm this?
Dave
[18-06-2005,01:57]
[***.116.147.37]
dave |
Got married in Vancouver, BC (in reply to: American just married a Canadian)
We have been married about 6 weeks now. I live in Washington and she lives in B.C. We both have jobs and havent really decided where we are going to live. Someone told me that I couldn´t visit her. I have been going to see her every week or so for 4 or 5 days. Should I not tell them we are married until we decide where we are going to live I want to be able to keep crossing the border to visit her. This is all so new to me. Thank you for all your responses.
[18-06-2005,14:08]
[**.150.214.78]
Melody |
(in reply to: American just married a Canadian)
You can visit her as much as you want, and she can visit you. Being married to each other is no reason for them to deny you access.
The problem arises once you have applied for immigration (you to get Canadian PR, or her to get a green card). I think I remember a Canadian (who married an American in the US)she told me that she had to stay in the US for the entire process, and could not go home to Canada because she would not be allowed back into the US until the process was complete.
It has to do with dual intent. Say you apply to immigrate to Canada. You have an intent to be a permanent resident of Canada. Now, you decide to drive to BC to see your wife for a couple weeks. You are showing intent to visit Canada on a temporary basis. You are showing dual intent with CIC, one, to stay permanently, and two, to stay temporarily. The CIC and the INS do not like this kind of thing (for whatever reason).
You should really talk to both the CIC, and INS (or get and immigration lawyer if you really want to) and go over these scenarios... it may help you make your decision.
Dave
[18-06-2005,15:18]
[***.116.147.37]
dave |
(in reply to: American just married a Canadian)
Remember, the visiting thing becomes and issue ONLY after you submit an applicatoin to immigrate.... it has nothing to do with being married.
Dave
[18-06-2005,15:20]
[***.116.147.37]
dave |
I think we found another problem (in reply to: American just married a Canadian)
I saw the posting about photos and documentation of how we met. I know you are all going to think this is crazy but I met my wife in an online chat room we emailed and talked on the phone for several months. When I went to Canada to finally meet her, we got married within 2 days of meeting. This isn´t like that movie green card where we are trying to fool immigration. We really love each other. Do you think we are going to have a problem? For now she is coming to Washington state every few days and then I am going to BC every few days to be with her. Thanks for the info on visiting as much as we want until we decide where we are going to live. But are you guys saying that say we decide to live in Canada does that mean that I have to stay in the US for months or even a year until the paper work goes through, so we won´t be able to see each other? Once again thank you for all of your replies. You have really helped me alot!!!
[18-06-2005,18:15]
[**.150.212.0]
Melody |
(in reply to: American just married a Canadian)
There are 4 scenarios, and I am not sure of the legalities and details of each, so you will have to figure them all out on your own (lucky you)
1. You decide to Immigrate to Canada, and you start the process while you are in the US
2. You decide to Immigrate to Canada, and you start the process while you are in Canada
3. Your wife immigrates state side, and the process starts while she is in Canada
4. Your wife immigrates state side, and the process starts while she is in the USA.
Now, the fact that you are already married, and where the marriage took place my play a factor in all 4 cases.
For case 2 and 4, if these are possible, you will have no right to work in each others countries until the case is decided
For cases 1 and 3, you may have difficulty visiting each others countries, based on the laws,
This does not mean you cannot see her. For instance, if you decide to immigrate to Canada, and the process is on going, you may not be able to cross the Canadian border, but she can come to visit you. Vice Versa if she decides to immigrate to the US... she may not come to visit you, but you can come to Canada (why not, you are not showing dual intent... you want to visit Canada, which you can do for 6 months of a year without a visa, you are employed, and you are not trying to immigrate...)
So, the only person who will have their travel limited is the person who is seeking permanent residency... because they cannot show dual intent (applying for permanent residency while trying to travel temporarily for "vacation")
The fact that you married after only 2 days, will only make them look harder at your case because they may suspect that you got married to seek residency or vice versa. Its up to you to prove other wise. KEEP RECORDS of all your visits, phone calls, finacial support, outings, vacations, PHOTOS PHOTOS PHOTOS!!!!!! Make sure you have all the emails, and if possible, records of online chatting!
Put her as your beneficiary for all your assets should you die (I mean, most couples do this anyway) and she should do the same for you.
If she needs temporary medical insurance for her trips to the US, you pay for them with your credit card.
If you go anywhere, use a credit card, and take pictures!
Keep records of crossing the border.
Take your time and decide what you want to do. Look at all the possibilities (the 4 cases I mentioned above) and make sure you get the right answers (you may have to ask 10 people, and choose the response that occurs most frequently.... you´ll see!).
If you feel you NEED a lawyer to help you, then get one.
Look at all the immigration forms from CIC and INS. Read them all, and read them again... you will learn a lot.
Dave
PS. Upon crossing the border, and telling them your wife lives in Canada (same goes for her) it is wise to bring proof that you work, and are paying rent in your home country. Sometimes the border guards think you are moving to the other country... short cutting immigration... like when your car is packed with cloths and furniture!
[18-06-2005,19:39]
[***.116.147.37]
dave |
(in reply to: American just married a Canadian)
I am not too sure about that Dave. I don?t know how works in the U.S but in Canada if Melody applies as a Sponsored family member from OUTSIDE of Canada, he shouldn?t have any problem visiting her.
I am married to a Canadian as well , and I am applying as her spouse for PR.
Although we live together in my home country until my application goes through , we have been visiting Canada twise a year and I haven?t had any problems re-entering
Canada.
How I said before.
Melody,
If you are going to apply for Canadian PR , I would recommend you to apply from the U.S. So you can travel back and forth and is less risky.
Andy
[18-06-2005,20:07]
[**.182.22.24]
Andy |
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