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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96410
Experience:  Lawyer
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My fiancé is Canadian, and I'm American. We are

Customer Question

Hello,
My fiancé is Canadian, and I'm American. We are getting married in a couple of weeks in the U.S. This was planned months ago. We recently received news that my fiancé's daughter, the reason he was in the country, must go back to Canada due to her music sponsorship coming to an end. If we move forward with getting married, what is the process to enter Canada, and for myself to become a Permanent Resident? I have done some research, and it is pretty clear that it is more advantageous to apply "outland", i.e.; from the US, but we don't know how feasible it will be for my fiancé (by then my husband) to sponsor me without having worked in Canada for a few years. I own a business in California that will continue to operate while I am in Canada, with enough money to support myself. I also operate an online marketing consulting business, which is where most of my income is generated. Will my income be considered, being that I don't have to rely upon my soon to be husband to support me? Maybe this requires an immigration lawyer who works in Canada? Thank you!
Submitted: 8 months ago.
Category: Canada Law
Expert:  Legal Ease replied 8 months ago.
I am a lawyer in Canada. Your spouse does not have to meet the low income cut-off requirements for sponsorship as Canada Immigration makes an exception for spousal sponsorships. He will have to sign a financial undertaking but that is all. Many stay at home spouses sponsor their spouses. So you can remain in the US during the sponsorship process. Or you can come to Canada for a visit, decide to remain and start the process here. It is up to you really. Does that answer your question?
Customer: replied 8 months ago.
We want to file for the Spousal Sponsorship while "outland", in the US, so that I will be able to travel freely from Canada to US without the process being revoked. Or, is it possible to file inland and still come and go from Canada to the US or abroad?
We want to go to Canada in June, after getting married, and having started the process for my PR. Is this advisable?
Customer: replied 8 months ago.
On the "Document Checklist" to be filled out by my sponsor, item #17 is for Taxes, and #18 pertains to "Proof of Employment" AND/OR "Proof of Income". What do we do with these "requirements", or what does this entail?
Expert:  Legal Ease replied 8 months ago.
If you are doing an inland sponsorship then in most cases you cannot leave as you may not be permitted to re-enter. But if you are applying from the US that may also be a problem as you cannot enter with the intention of remaining so you will need to show strong ties to the US before you will be allowed to enter. If your spouse is currently unemployed you would say that and can mention that you are supporting both of you right now.
Customer: replied 8 months ago.
I see. We would definitely prefer an outland sponsorship in that case. I would think that my business, located in California would be one such tie. We will not be entering Canada together, not in the same car that is, as we will be driving two separate vehicles. If we start the sponsorship process, must I mention it? I would think it best not to, unless asked? Can the sponsorship documents be sent to where they need to be by my mother (in Minnesota), once we've entered Canada?
I am guessing that, if everything is in order, it would not be an issue. Otherwise, I can put them in the mail just before leaving MN. Maybe this is not an issue at all. Perhaps, with the two businesses, it will be an easy process.
Expert:  Legal Ease replied 8 months ago.
The information would be in the system. The documents can be sent from anywhere and I believe you can even do this online now.
Customer: replied 8 months ago.
Ok.. So, down the line once the process has been started, will it be easy for me to travel between Canada and the US?
It is my understanding that doing an outland process will allow for me to come and go without much 'trouble'. Is this true?
Expert:  Legal Ease replied 8 months ago.
No I don't think that is quite the case. There are many times when someone is not admitted because they are in the middle of the sponsorship. If you come and go a couple of times without a problem after that it will easier as they will be able to see you do leave after the visit but the problem is they have so much discretion.The police is that you can enter with dual intent. That means you can enter with a view to visit while you are awaiting your PR to be granted but in practice it is not always that easy unfortunately.

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