Canadian moving back with US commonlaw GF

Canadian moving back with US commonlaw GF

Postby SoCal Canuck » Wed May 27, 2009 8:21 am

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I have been living in the US on a TN visa with my US born girlfriend. We would like to come back to Canada and eventually be married.
Any advice, on how to apply while we are still in the USA

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Re: Canadian moving back with US commonlaw GF

Postby Steven » Fri Jun 05, 2009 9:03 am

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http://www.cic.gc.ca/English/immigrate/ ... spouse.asp

The problem is that it takes awhile so logically you should get married now, but if you do that then you are no longer a non-immigrant in the US and should apply for AOS.

So you either enter Canada, get married and apply for AOS here which takes even longer, or get married in the US and apply for AOS there even though you have no interest in it and apply to sponsor her from there which will be quicker.

Don't ask me why it's quicker to get it from outside of Canada, that's a question for bureaucracy. Have a look at: www.roadtocanada.com
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Re: Canadian moving back with US commonlaw GF

Postby CharR » Mon Aug 10, 2009 4:08 pm

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You don't NEED to get married first, you can apply as common-law, you just need to be ready to provide proof that you have been living as a common-law couple (basically married for all practical purposes other than the certificate) for over a year. Definitely get started on your applications now, it's actually (as the previous poster said) quicker to apply from outside Canada.
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Re: Canadian moving back with US commonlaw GF

Postby mrs_dollars » Thu Aug 13, 2009 3:35 pm

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Thanks for this...I'm an American who married a Canadian in the US and couldn't maneuver through the maze. The Road to Canada link is just what I need. My husband is native Cree covered by the J treaty....does that make any difference for us?

Thanks again.
Misty
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Re: Canadian moving back with US commonlaw GF

Postby Steven » Fri Aug 14, 2009 7:15 am

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I think it does because they get LPR status automatically in the US, iirc. You need to talk to someone familiar with the treaty although sponsoring you to live in Canada is going to be the same process.

It might be an idea for him to get US citizenship before you leave if he qualifies for it (takes around 5-6 months at the moment) then that way if you ever want to move back to the US in the future its straightforward.
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