Questions about Marriage Residency (lawyer, living in, legal)

[JHeath5150]

My girlfriend and I have debated back and forth whether it would be best to get married then apply for my permanent residency or apply for residency then get married. I am a US citizen currently living in Ontario on a work permit and she is a landed immigrant. My girlfriend is a US citizen previously married to a Canadian but now divorced with 3 kids living in Canada. Does it make a difference to CIC for when she sponsors me and I apply for permanent residency? I've heard stories of people doing it both ways but we want to make sure we go the safest route possible. We don't want to get married then run into problems or vice versa. Any advice on this subject would be greatly appreciated.

Thanks,
Justin

[netwit]

Originally Posted by JHeath5150

My girlfriend and I have debated back and forth whether it would be best to get married then apply for my permanent residency or apply for residency then get married. I am a US citizen currently living in Ontario on a work permit and she is a landed immigrant. My girlfriend is a US citizen previously married to a Canadian but now divorced with 3 kids living in Canada. Does it make a difference to CIC for when she sponsors me and I apply for permanent residency? I've heard stories of people doing it both ways but we want to make sure we go the safest route possible. We don't want to get married then run into problems or vice versa. Any advice on this subject would be greatly appreciated.

Thanks,
Justin

I would check with CIC directly about that if I were you (or perhaps it might be worth it to talk to an immigration lawyer to sift through the legal stuff) but here's a link which will lead you to more links that might answer your question. Since you are working and both have separately attained residency, I don't think there would be a problem. I don't personally see why there would be anyway.
Guide 3999 - Sponsorship of a spouse, common-law partner, conjugal partner or dependent child living outside Canada

[Cornerguy1]

Your chances of being rejected on a spousal sponsorship are slim to none......assuming you're not hiding a deep dark criminal past.

Personally, I'd favour getting married and then applying while my work visa was still in force. Assuming you can read and fill out forms meticulously, you really don't require a lawyer for this stuff. Keep in mind that an internal application for PR status will take up to 18 months and that you need to keep a valid immigration status during that time.

Be sure to check the marriage requirements with the province in which you intend to get married. If your girlfriend's divorce was from outside Canada, some provinces will require you to obtain a legal opinion regarding the legality of the divorce.