My husband and I were originally going to do an outland spousal application, but things MAY have changed. He may need to be here with me immediately.
Do we have any other options that involve him being able to work here during the process? If anyone has any suggestions and can include timelines as far as when he'd be able to work, It would be greatly appreciated. Any links to extra information will be helpful too.
I also wanted to say THANK YOU for all the help and information I have received since I first joined months ago. You all are so incredible.
OK, this depends on which country you will file out from, nothing will stop you from filing outland and entering Canada with 'Dual Intent', if the overseas visa post has slow processing times then I would advise an inland application as you MAY I stress MAY get an OWP in as little as 6 months. if you file outland you can still be in Canada together but you will not be able to work until the whole process is finalized can be as little as 4 months sometimes 18 months+. There are many factor to consider. the only fast option would be to obtain a work permit should you be lucky enough to get a job where you would qualify for a temporary work permit.
If you can give us a little more info, IE. type of work he does, country of residence then you or we can look at current statistics and come up with a best guess again stressing the word guess. Bottom line there is no fast solution.
eurochris Wrote:OK, this depends on which country you will file out from, nothing will stop you from filing outland and entering Canada with 'Dual Intent', if the overseas visa post has slow processing times then I would advise an inland application as you MAY I stress MAY get an OWP in as little as 6 months. if you file outland you can still be in Canada together but you will not be able to work until the whole process is finalized can be as little as 4 months sometimes 18 months+. There are many factor to consider. the only fast option would be to obtain a work permit should you be lucky enough to get a job where you would qualify for a temporary work permit.
If you can give us a little more info, IE. type of work he does, country of residence then you or we can look at current statistics and come up with a best guess again stressing the word guess. Bottom line there is no fast solution.
He's an American about to be admin. separated from the Marine Corps for a physical condition that prevents him from doing his job as a Marine; there is NO medical issues that would strain Canada's medical system. Never been deployed, either.
His background would probably get him into security work. We are about an hour from Toronto. He is not here yet, but should be in about a month.
OK, I would recommend and this is only my opinion file outland ASAP and that he enters Canada and you can cross the border with him ask for a Visitor record this should give you 12 Months, bring evidence of your marriage and be prepared for questions like 'how will you support him during this time'. Medical issues do not present a problem with spousal sponsorship unless he is a threat to the Canadian public which I am sure is not the case. But do not expect him to be working anytime soon, 6-8 months would be my guess. I wish you both luck and any questions we are all here to help.
eurochris Wrote:OK, I would recommend and this is only my opinion file outland ASAP and that he enters Canada and you can cross the border with him ask for a Visitor record this should give you 12 Months, bring evidence of your marriage and be prepared for questions like 'how will you support him during this time'. Medical issues do not present a problem with spousal sponsorship unless he is a threat to the Canadian public which I am sure is not the case. But do not expect him to be working anytime soon, 6-8 months would be my guess. I wish you both luck and any questions we are all here to help.
Hmm.. okay. I really wish that he could be able to work immediately but I can see that is not possible. What if he were to cross the border everyday and work somewhere close to the border on the U.S side?
So: We would file outland. Could he cross the border on a regular basis to work outside of Canada while living here with me in Canada?
Also, he has a small loan he needs to pay off: Should he pay it off before we file the application? Does it affect/delay the process?
Foremost, for Americans an out-of-Canada application is, overwhelmingly, the best route (recognizing that there are always exceptions), so much so it seems that any American applying via inland is likely to be scrutinized more closely (the question being: why didn't they do an outland app?) resulting in delays beyond the minimal processing times. Clearly qualified Americans who submit thoroughly and carefully completed applications, and who have no inadmissibility issues (and sponsored spouses are exempt from medical inadmissibility for excess demand, BTW), are usually processed in four or five months, six at the outside, and so are usually able to land and get a permanent SIN, and thus able to work, well before the most optimistic timeline for an inland applicant.
And, emphatically, yes an American physically in Canada can be processed via the "out-of-Canada" route -- indeed, a great many of us, including myself, have done precisely this.
If it is practical, sure, he probably could work in the U.S. and regularly return to Canada to stay with you. There are never any guarantees that an American can enter Canada on any given occasion . . . Americans are FNs (Foreign Nationals), in the same category as any FN from a visa-exempt country, although as a practical matter Americans probably have an easier time at entry than FNs from other visa-exempt countries.
So if you and he were to attempt this route (and, again, if it is practical, it actually sounds like a good idea to me), you just need to do some homework and prepare for how you will approach this. If you can get the PR application submitted before he will physically join you in Canada, I think the best option is to apply for NEXUS and I think you provide an explanation as to why the person will be frequently crossing the border and you simply say so that he can commute to his U.S. job while staying with you pending processing of his PR application. He should have the U.S. job prior to applying for the NEXUS -- so this may take a big of juggling things to set up. This is preferred over the obtaining a Visitor Record route because technically the VR does not authorize re-entry after an exit.
If the two of you are straight up and on the up and up, this process should not be problematic at all.
In the meantime: he probably should have his full discharge before applying for PR -- I am not sure, but I think that is best.
No need to pay off U.S. debts prior to applying.
Thank you so very much for such a detailed explanation, I am very grateful. It seems as though this would be the best route for us. If we can have him commute to work across the border it would be an excellent option. His separation from the Marine Corps will definitely be finalized before he comes to visit me. We were planning a two week visit after he is out so that we can work on the paper work, he would then return to the U.S and I would send in the application once the marriage certificate and his FBI clearances arrived. So then, he would cross the border again to stay with me.
I have never heard of NEXUS before. How can I go about getting more information on this, including where/how to obtain it?
Again, thank you so much. I am so very grateful.
dpenabill Wrote:Foremost, for Americans an out-of-Canada application is, overwhelmingly, the best route (recognizing that there are always exceptions), so much so it seems that any American applying via inland is likely to be scrutinized more closely (the question being: why didn't they do an outland app?) resulting in delays beyond the minimal processing times. Clearly qualified Americans who submit thoroughly and carefully completed applications, and who have no inadmissibility issues (and sponsored spouses are exempt from medical inadmissibility for excess demand, BTW), are usually processed in four or five months, six at the outside, and so are usually able to land and get a permanent SIN, and thus able to work, well before the most optimistic timeline for an inland applicant.
And, emphatically, yes an American physically in Canada can be processed via the "out-of-Canada" route -- indeed, a great many of us, including myself, have done precisely this.
If it is practical, sure, he probably could work in the U.S. and regularly return to Canada to stay with you. There are never any guarantees that an American can enter Canada on any given occasion . . . Americans are FNs (Foreign Nationals), in the same category as any FN from a visa-exempt country, although as a practical matter Americans probably have an easier time at entry than FNs from other visa-exempt countries.
So if you and he were to attempt this route (and, again, if it is practical, it actually sounds like a good idea to me), you just need to do some homework and prepare for how you will approach this. If you can get the PR application submitted before he will physically join you in Canada, I think the best option is to apply for NEXUS and I think you provide an explanation as to why the person will be frequently crossing the border and you simply say so that he can commute to his U.S. job while staying with you pending processing of his PR application. He should have the U.S. job prior to applying for the NEXUS -- so this may take a big of juggling things to set up. This is preferred over the obtaining a Visitor Record route because technically the VR does not authorize re-entry after an exit.
If the two of you are straight up and on the up and up, this process should not be problematic at all.
In the meantime: he probably should have his full discharge before applying for PR -- I am not sure, but I think that is best.
No need to pay off U.S. debts prior to applying.
NEXUS is administered by the CBSA. It is specifically intended to expedite the border clearance process for low-risk, pre-approved travellers into Canada and the U.S.
You may qualify to participate in NEXUS if you are a citizen or permanent resident of Canada or the United States and have lived in Canada and/or the United States continuously for the last three years.
Guide and app in pdf is at:
http://www.cbsa.gc.ca/publications/pub/bsf5084-eng.pdf
more infor in general at the CBSA site generally . . . look for NEXUS in index and follow links.
In his situation it would demonstrate an upfront effort to be fully compliant with immigration rules and laws, including the process for obtaining Permanent Residence.
There is a fee. The biggest advantage is that it would put him into the system not as someone of concern (which is the more typical VR situation) and facilitate easy back and forth travel during the pendency of the application. Not all border stations have separate NEXUS lanes, but I am quite sure both the Peace Bridge between Buffalo and Fort Erie, as well as the Queenston Heights-Lewiston bridge, both accommodate NEXUS. (I am assuming he would be looking at work in the Buffalo-Niagara area -- when I was located in Rochester, NY, I had colleagues at work whose primary residence was in Canada, and they worked four day weeks, keeping a small, inexpensive apartment in Rochester and going home to Toronto area for days off.)
NEXUS really does help things out but just remember, as Bill said, there is no guarantee for entry into Canada at any time.That's the biggest issue when you have this sort of relationship...Even when you live less than 3 miles from the bridge, have Canadian family, etc you cannot just enter like you are entitled at any time you want under the assumption you will be admitted. He will just be VISITING and he would CLEARLY need to demonstrate that....ie an apartment or home in the states...he cant spend every single night in Canada..legally that is...
If he is to do the crossing back and forth keep paystubs, mail, and most importantly (from experience) a duffel bag packed in the back seat for his overnight "visit"....that was my very first mistake when I started my relationship I had some clothes at my fiance's house that I knew were clean so I thought I won't bother stopping at my US house for clothes...well that night they asked me...so convieniently...where are your clothes for tomorrow??? and the yellow slip was written faster than I could explain. And this was early on in the relationship when I wasn't crossing that much.
The Peace Bridge is by far the most laid back border crossing in this area without a NEXUS. Rainbow is the strictest. The Lewiston Queenston bridge does NOT have a NEXUS lane. Rainbow, Peace and Whirlpool all do.
Good luck!!
Right, Lewiston-Queenston bridge does not have a NEXUS lane.
I used the Lewiston-Queenston bridge so many times over the years because, for me, it was not just the most conveniently located crossing (now I am a long, long ways from it; that was before . . . ) but it was also the fastest, most friendly one (for some reason, the Peace Bridge was almost never friendly, never too much a problem but almost always a bit of tension there), and it seemed to be a full service crossing, definitely one of the busiest crossings, I assumed it would have it . . . but, right, it is not listed at the CBSA website as among those that do.
http://www.cbsa.gc.ca/prog/nexus/land-te...g.html#sup
The other thing is that the NEXUS lanes are not open around the clock. See the CBSA website for operating hours.
However, I believe that a NEXUS member will have an easier time at the ordinary lanes anyway, particularly easier than someone who crosses frequently and is not a member of NEXUS (frequent crossings will raise questions if not concerns . . . a NEXUS member has already addressed the reason for their frequent crossings, so the concern is answered before it arises in the PIL officer's mind).