Canadian citizen to marry a (1yr) US J1 Visa holder

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chris_j11

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Canadian citizen to marry a (1yr) US J1 Visa holder
« on: February 24, 2016, 06:17:23 PM »
Just wondering if there is any major road blocks if I (canadian citizen) marry my GF currently in the US (for only 1yr) as a J1 Visa holder
    >Will we have problem getting married in the US?
    >>Can she travel here and get married in Canada instead?
    >Will she have to return back to her home country first!?
    >>Can she move to Canada after we get married and after her contract at her current job  (while the paper work is in process)?
    >We were thinking of getting married sooner (rather than later) - so this will allow the paper work to process while she finish her 1yr job contract - possible?
    >Do we need a lawler?

    Can someone please provide additional tips and know how for us to be together better/faster-thanks
    Can someone also please provide me a link of documents/forms I need to fill out
    Thanks in advance


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Riley Haas

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Re: Canadian citizen to marry a (1yr) US J1 Visa holder
« Reply #1 on: February 25, 2016, 09:46:19 AM »
Hi Chris,
A Canadian immigration consultancy operates this forum, so I don't know that I can help you with everything you want to know, but I will try.
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Will we have problem getting married in the US?
I don't believe so. Marriage is usually not tied to immigration. The best thing to do would be to inquire in the jurisdiction you're intending on marrying in. But I don't see why a marriage between two people would be rejected because of immigration status.
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Can she travel here and get married in Canada instead?
Yes, but this does depend on her status. If she's an American citizen (I don't believe she is) then she can come here easily. However, if she's not, she may need a visa (depending on her citizenship). But once here, you two can marry wherever you want to.
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Can she move to Canada after we get married and after her contract at her current job  (while the paper work is in process)?
This is where it gets complicated. If your intention is to sponsor her for permanent residence (and I'm guessing you do), there are two options:
  • inland sponsorship
  • outland sponsorship
Inland sponsorship: You marry in Canada. After you marry, you submit the sponsorship application (and a work permit application, if she wants to work during the process) from within Canada. This takes longer than the other option, and there are no options to appeal a rejection, but you'll be together.
Outland sponsorship: You marry in the States (or, in theory, you marry in Canada and she returns to the States) and you sponsor her from Canada while she stays in the US. She cannot come to Canada permanently during this time, she can only visit you. But the processing time should be shorter, and you can appeal any rejection.

It's worth noting that, if the company she is employed by has offices in Canada, if she could get a contract extension and a posting in Canada, you might not need to sponsor her for you to at least begin living together. Just an FYI.
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We were thinking of getting married sooner (rather than later) - so this will allow the paper work to process while she finish her 1yr job contract - possible?
In this case, it's "outland" I think you want.
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Do we need a lawyer?
That depends. The process is complicated but it's certainly one you could do yourselves if you feel up for it. Think of it like doing your taxes: If you enjoy handling all that paperwork, hiring an accountant makes no sense. If it's an awful or confusing experience, hiring an accountant makes sense.
Though I'm biased (as I work for consultants), I would recommend a consultant over a lawyer. The difference: lawyers charge more and, more often than not, you are paying for the lawyer but getting a legal assistant, whereas you pay for the consultant you get the consultant, and consultants have no other specialties beyond immigration. IMMIgroup's specialty is sponsorships. If you're interested in a consultation (CAD$84.75), let me know, or email us at info@immigroup.com or call us at 1-866-760-2623.
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Can someone also please provide me a link of documents/forms I need to fill out
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

Hope this helps!

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chris_j11

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Re: Canadian citizen to marry a (1yr) US J1 Visa holder
« Reply #2 on: February 25, 2016, 02:43:11 PM »
Thank you again - very much appreciated for all the help: I will keep the consultatio in mind

More info
She is Philippine citizen (just recently arrived in the US to start her 1yr contract work)
We do intend to stay in Canada - where I have a house and stable job

Overall, ofcourse - what we both want is to be together (sooner than later) while we wait for the papers to finalize
At the same time looking for the best option for her either be here in Canada and 2nd option is to stay in the US- (waiting for paper to finalize)
Preferred for her not to fly back to Philippines

For us to start any paper work rolling: sooner
Is it better to first get married (possibly in the US) or before?
>Start her Canada Visa Application
>Extension in the US application
>Inland or Outland Spousal Support application

Side Note: Divorce paper I need to submit
I'm divorce - do I need a "divoce certificate" or just the "Form 52 Rule 15-1(1)" signed by the Court Judge (which I have)
« Last Edit: February 25, 2016, 02:46:34 PM by chris_j11 »

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Riley Haas

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Re: Canadian citizen to marry a (1yr) US J1 Visa holder
« Reply #3 on: February 26, 2016, 08:39:14 AM »
Hi again,
Quote
Is it better to first get married (possibly in the US) or before?
It is better to marry before you sponsor her, otherwise I don't know that it matters when/where you marry in terms of immigrating to Canada (though the US or Canada would make your life easier than if you married in the Philippines, for example).

So: she has a one year contract that just started? So, presumably, she has status in the US for less than a year, correct?
Things to keep in mind:
"Inland" currently takes something like 26 months, but you won't have to worry about US immigration status because she'll be here (having successfully applied for a visa).
"Outland" currently takes something like "17 months" (That's an average of all overseas visa offices so it's really, really inaccurate for individual offices) but even if you applied today, you'd have to worry about US immigration status, at least based on my understanding of her current status.
You should definitely marry before you do either of these things. Whether or not you marry before she gets a visa to Canada (which is something she'll need for inland) is up to you.

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Side Note: Divorce paper I need to submit
I'm divorce - do I need a "divorce certificate" or just the "Form 52 Rule 15-1(1)" signed by the Court Judge (which I have)
I don't know what a Form 52 Rule 15-1 (1) is. I just googled it. Sorry, I can't say. But I'd assume it's the divorce certificate you need, and not a provincial form that someone at IRCC might not recognize.

Hope this helps.
« Last Edit: April 07, 2016, 11:26:15 AM by Riley Haas »

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chris_j11

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Re: Canadian citizen to marry a (1yr) US J1 Visa holder
« Reply #4 on: February 29, 2016, 03:07:37 PM »
Riley - thank you for ur answer and guidance, please be patient with me

Hi again,
Quote
"Inland" currently takes something like 26 months, but you won't have to worry about US immigration status because she'll be here (having successfully applied for a visa).


Here is my plan:
>We will get marry
>I will apply Inland (here in Canada)
>She will finish her 1yr contract from her current employer
>>This is where I'm not sure - She will fly to Canada using her Visa while we wait for the Inland paper to finalize
>>Am I to assume that since we are married and we have ongoing Inland applicatiion
>>It will be easy for her to get a Visa?
>>What type of Visa - TRV (Temporary Resident VIsa) or something else

I appreciate your continous support
« Last Edit: February 29, 2016, 05:37:42 PM by chris_j11 »

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Riley Haas

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Re: Canadian citizen to marry a (1yr) US J1 Visa holder
« Reply #5 on: March 01, 2016, 08:53:38 AM »
Sorry for the bad news but your plan will not work. For inland sponsorship, she needs to be in Canada. If you want to apply before the contract finishes, you'll have to apply for outland.

For her to come here she will need a TRV, you are correct. It will likely be difficult for her to get the visa, as CIC will likely believe she is trying to immigrate.

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chris_j11

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Re: Canadian citizen to marry a (1yr) US J1 Visa holder
« Reply #6 on: March 01, 2016, 12:32:46 PM »
Sorry for the bad news but your plan will not work. For inland sponsorship, she needs to be in Canada. If you want to apply before the contract finishes, you'll have to apply for outland.

For her to come here she will need a TRV, you are correct. It will likely be difficult for her to get the visa, as CIC will likely believe she is trying to immigrate.

Yes, your'e correct - I need to apply outland (misunderstood that part)
I guess, we need to figure out how we can extend her stay in US after her J1 Visa expire

Any suggestion? (She was a registered nurse back in Philippines, other option was to re-take a qualification exam)

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Riley Haas

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Re: Canadian citizen to marry a (1yr) US J1 Visa holder
« Reply #7 on: March 01, 2016, 01:38:59 PM »
Unfortunately I don't know much about US immigration. I would assume there is an extension process but I don't know how that would work. Sorry.

 

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