Harveylsu

Hi.

I know my question has been covered previously but...

My fiance (Canadian) and I (American) are getting married in Oct. 2002 here in the
States. My question is - why is it so hard to get into Canada!!! Just kidding!

I really am confused as to the best way to legally immigrate to Canada though. I
don't think I can apply as a fiance b/c you then have to get married in Canada right?
Plus, I'm not sure my fiance will meet the LICO.

If we wait until we are married and apply as a spouse from outside of Canada then we
are apart for up to 12 months until I am approved to enter right?

So that leaves either getting married and sneaking in as a visitor and then promptly
turning around and applying as a spouse from within Canada (which I hate to do -
can't they deport me for lying when entering?) ...or running up to Canada for a day
to get married now and then applying as a spouse from outside of Canada like you are
supposed to and hopefully I'll be approved by Oct so when we get married a second
time (the big family wedding) I can legally enter Canada as a PR. You see my dilemma
- either I sneak in or get married twice - both options I find ridiculous. There has
to be an easier way! Any advice on how to simplify this whole mess would be
appreciated

Thanks in advance, Lisa

Jim Humphries

What you need to apply as a spouse is a vaild marriage. If you apply now as a fiance
and then marry your fiancee before landing, that would not be a problem. That is: you
do not need to marry in Canada. Jim Humphries, former visa officer

Harveylsu wrote:
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >

W Newcombe

Thought I would share my experience, not saying that it was perfect but felt
confident doing after speaking with different immigration consultants.

4 months before getting married, my wife (USC) and I (Canadian) gathered all the
paperwork, filled out all the documents, had her medical done, RCMP fingerprints,
police certificates completed etc that was required for applying for my non citizen
spouse from within Canada. We even paid the $500 fee before we got married for the
application. I made a photocopy of everything. We had everything completed except for
wedding pictures which we developed right away at the wedding in the United States.
We had friends mail out the application for us as we went on our honeymoon.

When we crossed back into Canada, we brought with us the photocopy of all the
documents and the stamp indicating we had paid the fee. We crossed two weeks after we
got married which gave some time for the application to get to CIC and to start the
process. When we crossed, we showed the immigration officer at the border the
photocopy of all the documents, forms etc. He checked on his computer and it had been
entered that an application had been received and was starting to be processed. He
issued my wife a Visitor Record which was valid for 6 months. She was able to stay in
Canada no problem but was not allowed to work or go to school. My wife used this
Visitor Record to cross daily over to the US for her work and back again, no problems
given at the border. Four 1/2 months later my wife had her landing papers as we had
asked to have her interview done from within Canada - we wrote a note to the extent
that it would be easier for the two of us to meet with an immigration officer from
within Canada then from without.

We had smooth sailing. Simply, get all your stuff together, document everything and
you should be fine. This is simply from our experience.

Wes

Lynn Holden

You are supposed to apply from Outside Canada as a Spouse or Fiancé. The major
difference being that a Spousal Sponsorship does not have to prove minimum financial
requirements, and Fiancé Sponsorships do, plus as a fiancé, you must promise to marry
within 90 days after being admitted to Canada. It makes no difference if you are
married within or outside Canada, if you have proper documents and pictures to show
it was a bona fide marriage.

CIC makes an exception for Spousal sponsorships filed from within Canada and grants a
waiver to the usual rules under Humanitarian and Compassionate Causes. This allows
you to remain in Canada while you await processing of your PR application. This takes
anywhere from 6 or 8 months to, in rare cases, a year or more.

If you show up married at the border and ask to be allowed to come in as a spouse of
a Canadian and intending to file for PR, it is up to the judgment of the immigration
officer you talk to whether to allow you admission to Canada or not. If you have your
documents with you such as proof of bona fide marriage etc. and make a convincing
case that you will be willing to leave Canada if you do not gain PR, then you will
most likely be granted permission to stay. In my case, I was even given a Visitors
Record of six months. This is not automatic, but again, up to the mood and whim of
the immigration officer. I have put together a web page at:
http://www.julyfood.com/immigration which links to my personal experiences page, an
FAQ for spousal immigration, and a couple of good support clubs on Yahoo just for
people like you.

Hope this helps! Lynn

Harveylsu wrote:

    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >

--
Web Page: http://www.julyfood.com