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So I live in the USA, my girlfriend lives in Canada, do I need to become a citizen before I can marry her? Or can I marry her when I'm visiting? And if I marry her there does that allow me to live there? Can't find any answers from Canada's immigration pages.
So I live in the USA, my girlfriend lives in Canada, do I need to become a citizen before I can marry her? Or can I marry her when I'm visiting? And if I marry her there does that allow me to live there? Can't find any answers from Canada's immigration pages.
You can marry 'her' at any time (tomorrow if you wish, well you need to set up an appointment with City Hall first lol) and that would be before the PR application process. So yeah you can marry her when you visit, but that doesn't automatically mean you can legally live in Canada - not by a long shot.. In order to legally live in Canada permanently, you will need a PR card. (PR first then Citizenship). You should look at having her sponsor you as an out of Canada applicant (after you get married) so you will have to continue living in the U.S (unless you get some sort of work or student visa), but that isn't easy or permanent and Immigration Canada would look at you dubiously trying to get a PR through multiple channels. Spousal Sponsorship is permanent and fits the reason you want to come to Canada. There are specific details in this link below. Having said that It will mean that you will have a distance relationship - so get ready for lots of cross border visits both ways!
I don't believe American's are exempt from being sponsored by Canadians, but this process can take a long time, possibly years and is very particular to the point that it would be best to get legal assistance. One missing piece of documentation or one wrong form filled out and it can delay your process endlessly. Ultimately, the Canadian government wants to validate that the relationship is true so this means loads of documentation including pictures of the two of you together, letters of reference from friends/family and other 'proof' that you are in it for the long haul - joint bank accounts, credit cards etc. Additionally, you will have to live together for two years before they finally give you a PR (I believe they give you a temporary residence in the meantime and even that is after you fulfill their out of Canada sponsorship requirements)
Have your GF call Canada Immigration as well (you can only call from within Canada) for more specific details to your specific questions and when you come up for a visit next time (maybe to get married), i'd visit an immigration consultant as well. Actually immigration consultant first and then marriage - then sponsorship - then patience - then finally its over and happy ever after!
Good Luck - it is possible but will take work on the part of both you and your gf and lots of patience so be sure the relationship is on solid ground and you're in it for the long haul. Essentially if she isn't the girl of your dreams and you aren't willing to sacrifice for the love of your life than don't bother! All the above applies to same sex couples as well. I dunno - just your handle name !!!!????
No you don't have to be a citizen to marry her. You have to get married first and then If you decide to live in Canada she has to sponsor you. If you fill out the aplications correctly, provide all the required documents and send them in quickly it shouldn't take more then 8 months to get your PR (unless waiting periods have changed over the past few years). But I think you might have to stay in the US while they process your case, not to sure about that though.
I know people that have done it. It can be a bit of a pain with all the papers but if your carefull filling out the aplication and all the documents you should have no problem at all.
No you don't have to be a citizen to marry her. You have to get married first and then If you decide to live in Canada she has to sponsor you. If you fill out the aplications correctly, provide all the required documents and send them in quickly it shouldn't take more then 8 months to get your PR (unless waiting periods have changed over the past few years). But I think you might have to stay in the US while they process your case, not to sure about that though.
I know people that have done it. It can be a bit of a pain with all the papers but if your carefull filling out the aplication and all the documents you should have no problem at all.
Good Luck.
Waiting periods can vary but there is quite a backlog.. 8 months is on the absolute lower end of the waiting spectrum and is making the assumption all documentation is filled correctly and the applicants provide all the necessary documents as well and that the Case Processing Officer is satisfied the relationship is valid. In practice most couples wait years. Believe me, I've recently sponsored my partner and the documentation and proof of relationship required is extensive! Its not always a cake walk. I'm not trying to freak anyone out but it isn't like filling out a credit card application lol...ultimately after 3 years my partner finally has his PR.
Additionally, and an amendment to my post above - if the relationship is less than 2 years running at time of application, once the application is approved, only a Conditional PR Card is issued. From that point, the couple must live together for 2 years in order for the Permanent Residence to be issued (recent policy change to reduce Marriage Fraud). If the relationship is 2 year running or longer at the time of application, than the PR Card is issued once the application is approved.
He will not be able to live in Canada prior to having a conditional PR or PR Card issued. The only way that would happen is if he was already in Canada and living on some sort of existing Visa and then applied as In Canada Class Sponsorship. Simply here on visitation does not qualify for In Canada Class. Otherwise they'll have to do so as an out of Canada Class sponsorship where he must reside in the U.S until approval.
In addition, the sponsoring Canadian spouse has to be fully employed ( not a student ) and have their own place to live ( not the Parents basement ) and they have to sign an agreement with the Canadian Government to be fully responsible, financially for the other person for five years , from the date of the sponsorship being approved.
here is a link to the Spousal Sponsorship page at Citizenship and Immigration Canada's website.
As has been stated above, be prepared for a lot of scrutiny, as CIC is well aware of the attempts, by some applicants, to commit Immigration fraud to get here to Canada.
Jim B.
Toronto.
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