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Old 10-15-2008, 01:08 PM
 
3 posts, read 44,392 times
Reputation: 12
Default Marrying a Canadian Citizen

I have so many questions revolving around this topic. I really don't know where to begin but here it goes.

I am a US citizen and live outside of Buffalo NY. I have been dating a Canadian Citizen for two years now. We are talking about marriage and think we are perfect for each other. She is still a full time student and works full time. I have a job with a large company as a sales engineer.

3 years ago I got a DUI in the USA. This offense has been a nightmare in my life and access to Canada. I have a TRP (temporary residence permit) that I have been using for work purposes but it's been a hassle. If my girlfriend sponsors me, how does this effect my gaining access to Canada? We would have to marry here in the USA because this TRP is about to expire and the Canadian Consulate is giving me problems applying for another.

Since we are going to marry anyways, why not do this now and be together plus this would take care of my inadmissability. Am I thinking correctly or will sponsorship and a spouse of Canadian decent not impact me any?

She really wants to live in Toronto. I am willing to transfer my job and move to Canada. What issues may I have problems with since I do have a smudge on my record? Any help would be great appreciated.
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Old 10-15-2008, 08:36 PM
 
4,285 posts, read 10,009,965 times
Reputation: 3684
Regardless of if you marry in Canada or in the US, you'll still have to go the process of applying for Permanent Resident's status; marrying a Canadian does not automaticly grant the foreign spouse Canadian citizenship or the right to enter the country.

If I remember the PR forms correctly, there is an extensive section requiring applicants to reveal any and all criminal convictions. Applicants are also required to submit criminal background searches; for a US citizen this means you'd need to submit a criminal record check from the atate police of any state you've resided in and from the FBI.

I don't know whether a DUI conviction is enough to put the kibosh on a PR application, but your cause might be advanced if it were possible to obtain a pardon or an expungement.

The PR process is both lengthy and expensive; be good to have your ducks in a row before going through all the hoops.
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Old 10-15-2008, 08:45 PM
 
9,072 posts, read 11,965,829 times
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Have you received a copy of your FBI report? If not, do so, you are going to need it anyway to apply. See what it says.
You do not submit your state record, only the FBI.

Id be honest and report it.. did you do something about it to ensure it was resolved (classes, etc.)

an Irish friend of mine has been in jail twice in the US, once for punching a cop, another in a bar fight.. he was an alcoholic..
he qualified for the diversity visa and reported it, and at his interview answered truthfully and the US still let him stay and he is now a US citizen

actually come to think of it.. your best bet is to make an appointment with an immigration attorney and get their advise.

Last edited by minibrings; 10-15-2008 at 09:35 PM..
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Old 10-15-2008, 09:23 PM
 
3 posts, read 44,392 times
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Quote:
Originally Posted by minibrings View Post
Have you received a copy of your FBI report? If not, do so, you are going to need it anyway to apply. See what it says.
You do not submit your state record, only the FBI.
I have and I am squeaky clean except the DUI.
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Old 10-15-2008, 09:24 PM
 
3 posts, read 44,392 times
Reputation: 12
Quote:
Originally Posted by Cornerguy1 View Post
Regardless of if you marry in Canada or in the US, you'll still have to go the process of applying for Permanent Resident's status; marrying a Canadian does not automaticly grant the foreign spouse Canadian citizenship or the right to enter the country.

If I remember the PR forms correctly, there is an extensive section requiring applicants to reveal any and all criminal convictions. Applicants are also required to submit criminal background searches; for a US citizen this means you'd need to submit a criminal record check from the atate police of any state you've resided in and from the FBI.

I don't know whether a DUI conviction is enough to put the kibosh on a PR application, but your cause might be advanced if it were possible to obtain a pardon or an expungement.

The PR process is both lengthy and expensive; be good to have your ducks in a row before going through all the hoops.
In NYS it is not possible to get a pardon or seal records. This is one state of two that has these policies. Can a Canadian lawyer help in sealing records? My friend had several felony convictions and she was able to seal her records.
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Old 10-16-2008, 03:10 PM
 
4,285 posts, read 10,009,965 times
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Quote:
Originally Posted by marcus092 View Post
In NYS it is not possible to get a pardon or seal records. This is one state of two that has these policies. Can a Canadian lawyer help in sealing records? My friend had several felony convictions and she was able to seal her records.

Probably best to retain a US lawyer to deal with US issues.
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Old 11-04-2008, 03:08 AM
 
4 posts, read 37,787 times
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WHAT EVER YOU DO DONT LET THAT PR EXPIRER ... GO ONLINE TO http:/www,cic.gc.ca/english/pdf/kits/forms/IMM1249E.PDF This link takes you directly to the proper extension form... Please fill this out, pay opporpriate fees and hopefully be granted an extension
No Guarantees but hey it is better then paying 200.00 for Restoration of TPR status ! Experienced in that area ! Best of Luck to you!




Quote:
Originally Posted by marcus092 View Post
I have so many questions revolving around this topic. I really don't know where to begin but here it goes.

I am a US citizen and live outside of Buffalo NY. I have been dating a Canadian Citizen for two years now. We are talking about marriage and think we are perfect for each other. She is still a full time student and works full time. I have a job with a large company as a sales engineer.

3 years ago I got a DUI in the USA. This offense has been a nightmare in my life and access to Canada. I have a TRP (temporary residence permit) that I have been using for work purposes but it's been a hassle. If my girlfriend sponsors me, how does this effect my gaining access to Canada? We would have to marry here in the USA because this TRP is about to expire and the Canadian Consulate is giving me problems applying for another.

Since we are going to marry anyways, why not do this now and be together plus this would take care of my inadmissability. Am I thinking correctly or will sponsorship and a spouse of Canadian decent not impact me any?

She really wants to live in Toronto. I am willing to transfer my job and move to Canada. What issues may I have problems with since I do have a smudge on my record? Any help would be great appreciated.
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Old 11-04-2008, 03:39 PM
 
2,023 posts, read 3,431,735 times
Reputation: 1547
Get thee to an attorney, stat.

Seriously, these things can be a real hassle. (I know from a Canuck that has the same issues, coming into the States).

It is best to go to someone who is an expert in this area. If you live even remotely near the border, I'm sure there are plenty. I wish you the best of luck.
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Old 10-20-2010, 09:38 AM
 
4 posts, read 14,016 times
Reputation: 10
Default Sponsoring my wife

Hello all

Could anyone here probably clarify some immigration issues please!
Although I have visited the official immigration site and have already DL most of the forms I still do not have a clear idea how to proceed in my case.
I am a Canadian citizen (Naturilized in 1984) and I hold a current Canadian passport. My wife, my daughter and I returned to my native Greece in 1990 and have been living here since.

Two years ago I separated from my wife and have been living with another woman (she is quiet younger than me) here in Greece. She is from Fyrom (Macedonia). Unfortunately our two countries have some issues and life here for us is not easy as well on top of that that my previous wife is denying me a divorce. Of course the law here states that after living apart for two years I am entitled to be considered a divorce (We call it automatic) but the process takes time and ranges from one to one and half years. So that means I will be free from my previous marriage in 2012 ad considered legaly divorced.
Me and my new spouce are living together since January 2009 so in about three months it will be 2 years. Due to her status here on a visitors visa she cannot work, nor she can enjoy a peacefull life from the harrasment that we are dealing from my ex. We decided to move to Canada (BC or Alberta).
I am thinking of going to Canada alone and while I am there after a few months to have my new spouce come as a visitor. From there I may be able to apply as a sponsor on the Conjugal partner grounds or if we are lucky and have my divorced finalized to get married and sponsor her as my actual wife.

My question is. Will I be entitled of sponsoring her a conjugal partner as I do not have my divorced granted yet and if yes can we do it while she is in Canada under a visitors visa? or it is better for her to remain in her country until the sponsorship has been aproved. We do not want to live apart as we are tottaly depended on each other sentimentaly and on top of that we have been trying to have a baby so we can be complete.
If I do come to Canada alone can I apply to sponsor her immediately as long as I am employed of course?

Please I will appreciate any input on this and sorry for my long message!

Regards to all

xxxxxxxxx
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Old 12-07-2010, 10:55 PM
 
1 posts, read 7,763 times
Reputation: 11
Hello, I am currently in a seriousrelationship with my girlfriend and we discuss getting married I am a canadian citizen andshe is an international student, as a gay coupke we both know it is legal to get married up here and I would like to know if we do get marruied if she would be able to stay up here or has a better chan of getting her citizenship.? Any help would be great
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