Ukraine Refugee living in USA, marrying Canadian.

[Dale3221]

Hi this is my situation I met a Ukrainian women living in the USA and she is in mid process for her green card. We have met multiple times in the USA and have known each other for 8 months. We are getting married in a week, and I have filled out the paperwork for her to come to Canada as my wife. My question is once she gives up her green card application, she isn't a resident so she cant come to Canada visa free. As she cannot apply for her green card, and for Canadian PR at the same time as that is fraud. What is my options as for her to come here? As she will be giving up her rights to stay in the USA, what happens for the time in between for her application to be processed?

 

[rish888]

She can apply for both, there is no law against that. It is not fraud. Once she has both, she must be careful about the residency obligation in each country so that she maintains both.

Residency Obligation:

Canada:

2 out of every 5 year period inside Canada.

Every day spent living with a Canadian citizen outside Canada (say the US) counts as 1 day in Canada.

United States:

Technically, the U.S. must be her place of primary residence.

Practically, she must enter at least once every 6 months and preferably keep some ties to the U.S.

 

[canuck78]

What is her current status in the US? She will most likely need to apply for a TRV to enter Canada. Given she is living in a 3rd country it will be pretty hard to prove strong ties to her home country. It may be best for her to continue living in the US and applying for her green card and apply outland until she gets her green card and then she can go and stay in Canada with you while you wait for the PR application to be processed.