Need Advice concerning immigration American to Canadian

[Cleric515]

Good day everyone, I am here because I am quite overwhelmed with how much information there is to process when it comes to an american woman residing in Canada with me.

I would like to first state that I was born in Canada and have resided here all my life making me a Canadian Citizen. When it comes to employment I have been in the Canadian Armed Forces for the past couple years so I do have a stable income as I did read about that as a concern for eligibility. As for the woman I have fallen in love with, she is an American Citizen but planning to visit me this upcoming June for a week as that works best according to our time schedule. We have talked much about the idea of her coming to live in Canada and she is willing to do anything and everything that is required for this to happen. So now that you know the story I am wondering what the process should be since you can't have it simple and get married as the new laws that came out regarding them cutting down on marriage fraud.

I have read that if you did get married you could file for spousal sponsorship while at the same time sending in a permanent residency form right away. The only other way I have come across would be for her to come into Canada and reach common law of 1 year. Common law seems that it would only be attainable after multiple extensions on a visitor record as the States is a visa exempt country in regards to Canada. Any guidance is definitely welcome.

 

[Ponga]

Welcome!

I'll start things off by saying that there are no income requirements to sponsor your lady, so long as you are not receiving social assistance (i.e. welfare).
It is not a general concern for eligibility to sponsor her.

She can come to visit for 6 months (generally) unless told otherwise by the border officer. Just before the end of that 6 month visit, she can apply to extend her visit and can request 1 year (which may or may not be approved). Many couples in the same position have reported success in such a request. This would be advisable if you wish to pursue a common-law sponsorship option.

Getting married may, or may not, raise red flags. Since she is from a developed country (don't laugh), the risk of a fraudulent marriage decreases [slightly], simply based on the fact that she's not leaving her country for a `better', more developed country, per se.

Also, if she does manage to extend her status and remains `legal' in Canada, you should consider an Outland application as it's generally much faster than an Inland application. It's a bit confusing, but she can be in Canada (and likely remain) for the duration of an Outland application, provided she maintains her status.

Good luck!

 

[BeShoo]

Read the first message in the message thread pinned to the top of "Family Class Sponsorship." It answers a lot of questions.

If she wants to come to live with you in Canada for 6 months and extend for another 6 months, she will not be able to work or attend classes because she will be classified as a "visitor." She will also only be able to bring the things you might bring for a visit, not everything she owns.

You can just get married and apply. You still have to go through the whole process, just as you always did. The only thing that changed recently is that you only get a provisional Permanent Resident permit until you have been married for two years. In other words, if your marriage doesn't last two years, they can take it back. If you go the common-law route and don't actually get married, they will sometimes ask why you didn't just get married.

Marriage never did give you an automatic PR. It's not enough just to be married. You still have to prove that your marriage is "genuine" and not just done for immigration purposes. They will want to know how you met and how the relationship developed to the point of marriage and how you have combined your affairs as a couple since the wedding took place.

You do have to apply for the sponsorship approval and the PR at the same time.

 

[BeShoo]

Although there is not a specific amount of income you need to sponsor a spouse, it has to appear to them that the two of you will be able to support yourselves once it is approved, and not just go on welfare.

Keep in mind that they will not allow her a six-month stay in Canada if it appears that she has stronger ties with you than to her job and property and whatever else in the U.S. If that were the case, they might think that she was just going to go come here and stay without permission.