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just wondering

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hwj31 View Drop Down
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    Posted: 05 Nov 2010 at 7:07pm
Me and my girlfriend are getting married in june 2011. I was just wondering if anyone knew if she can live in Canada while she is being sponsered by me or does she have to go back to the US? Or can she only come for like 6 months or something? She owns a house in Canada, and we've planned on moving in after we get married. So I was just wondering if it is possible for her to live here while we wait.
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destanova View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote destanova Quote  Post ReplyReply Direct Link To This Post Posted: 06 Nov 2010 at 8:43pm
My husband and I were married in the US (I'm a US citizen, he's Canadian), and I'm currently in Canada for 6 months on a visa. After our marriage, we presented ourselves to the CIC Windsor office. My husband told them that I was his wife, and he wanted us to be together while we put together and had our file processed for my PR.

We had paid the immigration fees ($1050 in total) in advance, and showed this receipt. We had no problem whatsoever. I have to leave by the end of my 6 months, but the IO told us that as long as we can prove that in these 6 months we've made significant progress towards the immigration paperwork, that it would be renewed.

Good luck!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 07 Nov 2010 at 1:11am
She may "visit" . . .

For how long is up to the border officer that allows her to enter Canada. If the officer at the POE does not impose a specific limit on the duration of her stay in Canada she can remain in Canada for six months. Before the end of that six months she can also apply for an extension of visitor status, based on reason of pending sponsored partner PR application and further based on sponsoring partner's assurance of providing support and, if necessary, means of transport to home country at the end of the allowed stay.

Many in this situation are allowed to visit for far longer than six months total. And, in contrast, most well-done and thorough applications for sponsored PR of Americans without issues are processed in six months or less. So, generally, a sponsored PR applicant from the U.S. can ordinarily indeed remain in Canada during the entire processing of their application (I did, after obtaining an extension).

What being allowed to "visit" means in practical terms varies. It does not mean she can show up at the border with a van full of stuff to move to her house in Canada . . . unless they accept that she is coming either temporarily (to "visit" . . . even if a lengthy visit pending processing of a sponsored partner PR application) or as a "seasonal resident" (typically, though, this is retired persons who spend the four to, max, six months in a recreational/second home in Canada, and thus who have strong ties to a home in the U.S. as well).

Generally, if U.S. citizen spouses of Canadians approach the border accompanied by their partner, have proof of the relationship, represent that their intent is to "visit" pending the processing of the application, and there are no inadmissibility issues, they are usually allowed to enter Canada. On occasion, some Americans have been turned back at the border by officers who determine the American's intent is to "live" in Canada not just visit. Probably not often, but it does happen.

Ordinarily the American is not allowed to work, attend university, and such while the application is pending. But, again, a well-done application should result in the issuance of a visa in six months or less from the day it is sent to CPC-M . . . and yes, if there is any doubt about it, even if the applicant is in Canada, DO NOT file an "in-Canada" application, but rather file an "out-of-Canada" application! (Many, many of us, including myself, did it this way; for most Americans inland is a quagmire that is almost guaranteed to take a lot longer.)
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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hwj31 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote hwj31 Quote  Post ReplyReply Direct Link To This Post Posted: 07 Nov 2010 at 8:26pm
thanks guys!  ;)
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