Marrying a Canadian Citizen (sales, felony, lawyer)

[marcus092]

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.

[Cornerguy1]

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.

[minibrings]

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.

[marcus092]

Originally Posted by minibrings

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.

[marcus092]

Originally Posted by Cornerguy1

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.

[Cornerguy1]

Originally Posted by marcus092

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.

[SweetVi]

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!

Originally Posted by marcus092

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.

[mishigas73]

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.