Marrying an American...

[imnica]

Hi guys&galls,

I plan to marry a sweet American girl next year. We plan to live here in Canada, at least for a few years. We will fill the papers over there (I'm such a gentleman )

Can anyone offer me any valuable advice in terms of legal steps and especially timing which I must consider? Does she have to get any special type of visa?
Do I actually have to sponsor her (as in the case of overseas spouses)?
Once she gets here what applications must fill in?

I went on the Canadian gov. website, but they don't really make distinction between American spouses and spouses from other countries.

Thanks a lot for the help, eh.

[Steven]

There isn't a distinction for US citizens, you have to sponsor her as it describes on the CIC website for a visa.

Once she enters Canada on the visa, they will process it at the POE, ask her for her address and she will receive a month or so later a permanent resident card. Until she gets that card it's basically impossible to leave, although I suppose she could leave and then someone in Canada could mail the card to her so she can get back in if she has to go back for some reason.

The PR card is what she needs to get a DL, SIN, OHIP card, etc.

One thing to bear in mind is that US citizens must file a US tax return regardless of where they live forever. There is a US foreign tax credit (Form 2555) for any earnings in Canada to avoid dual-taxation, however it only applies on earnings up to around $86,000, after that there would be dual-taxation. Even if she renounced US citizenship, there is an "expatriation" tax, which applies to US-source income for ten years after leaving and there is still a requirement to file paperwork with the IRS.

[imnica]

Steven, thanks a lot for the reply!

I assume that the POE is some sort of office of emigration on the Canadian side of the border. I dont think she will earn 86 K for a while.she has a psychology degree, so we do not expect that much income from her behalf, but hey, you never know

Thanks a lot about the info with the PR card.I was wodnering what is the process of getting all those those goodies, and your answer was exactly what I needed.

Here is another question which concerns me. I am still in school, although I am in a co-op program. But all the money I earn in co-op have to go to pay the school taxes. Do you think that this would present an impediment for the sponsorship clause? I spoke with a colleague who brought his wife from Poland. He was also in university at that time, but he had a side job, with little pay. Although he had little income, CIC allowed the wife to come through. So is this financial criteria a limitation only on paper, or do the guys from CIC really examine if you have enough money to sponsor your spouse?

Also, I know that there is required a sponsorship fee. My Polish colleague paid 1000 or 2000 bucks, I dont recall exactly, but I am thinking that it would be cheaper to bring a spouse from US. So does anyone know what is the fee to sponsor an American spouse?

And last, but not least, once she gets the PR card, will my princess have all the rights to work like other permanent residents?

[Steven]

POE = Port of Entry. CBSA will direct her to secondary inspection where CIC will process her application for permanent residency based on her visa.

All the answers to your questions are on the CIC website frankly, you will have to pay application fees, fill out forms to do with support requirements etc. Off the top of my head I don't know what the exact amounts are but have a look through the applications forms.

Permanent residents have all the rights citizens do, except they can't vote, hold public office or serve on a jury.