US Citizen married to CAN wants to emigrate

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KarenCee
Posts: 3
Joined: Sun Dec 31, 2006 7:28 pm

US Citizen married to CAN wants to emigrate

Post by KarenCee »

I am married to a Canadian citizen, who recently immigrated to the US on a K1 Visa. He plans on getting his dual citizenship once he fulfills the three year requirement on his Green Card. Once that's done we want to eventually move to Nova Scotia (where my husband is from) so I can become a PR and hopefully obtain dual citizenship. Please forgive me if this has already been covered. I am new to this site, it was recommended from a message board that we're both currently on...Visa Journey. My question is this: what is involved for me to do this? Since my husband will still have his Canadian citizenship what will he need to do? Thanks, in advance, to anyone who can advise me. :)
~Karen~
KarenCee
Posts: 3
Joined: Sun Dec 31, 2006 7:28 pm

Post by KarenCee »

So...8 people have viewed my post and no one has an answer or can direct me in the direction I need to be in? *sigh*
~Karen~
DG001
Posts: 8
Joined: Mon Apr 09, 2007 11:22 am

Here goes

Post by DG001 »

Ok, I am going to take a shot at this.

It sounds like you still have a long way to go before you move to Nova Scotia.

Basically, at about a year or so before you are ready to move, your husband and you will fill out paperwork to get you into Canada as a permanent resident. They have changed the paperwork so that now you have to CLEARLY PROVE your intent to move back to Canada - so you have to show something like a signed lease on a NS property, or a job offer, school admissions etc.

Anyway, you fill in the application and send them to Buffalo. Buffalo will let you know if you fulfill the requirements and then forward to CSC for the "final determination". Once they approve the application, you just land up in Nova Scotia - pretty simple, except for the proving intent part, which is hard to plan since you don't want to sign a lease six months before your move, when the actual approval might come a year later!

You can do a medical check (around US $400) before you send in your paperwork, or wait till they ask you to go in for your medicals - they are valid for a year.

You can find all the forms, paperwork needed etc. in the CIC website. They will also tell you how long it currently takes for them to process the application.

Good Luck!
Cindi
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Note that the "proof intent" issue applies only to family-based sponsorship.

If one is applying under the skilled-worker category, one does not have to display such intent, which still allows for the "round the flagpole" landing that many immigrants still do while really wishing to work in US.

Such ones still do not have to prove intent to take up residency immediately.

I suspect that the intent clause was put in so that Cdns living abroad and marrying would not clog the system by submitting applications for their spouses years in advance of when they would actaully need them.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
KarenCee
Posts: 3
Joined: Sun Dec 31, 2006 7:28 pm

Re: Here goes

Post by KarenCee »

[quote="DG001"]Ok, I am going to take a shot at this.

It sounds like you still have a long way to go before you move to Nova Scotia.

Basically, at about a year or so before you are ready to move, your husband and you will fill out paperwork to get you into Canada as a permanent resident. They have changed the paperwork so that now you have to CLEARLY PROVE your intent to move back to Canada - so you have to show something like a signed lease on a NS property, or a job offer, school admissions etc.

Anyway, you fill in the application and send them to Buffalo. Buffalo will let you know if you fulfill the requirements and then forward to CSC for the "final determination". Once they approve the application, you just land up in Nova Scotia - pretty simple, except for the proving intent part, which is hard to plan since you don't want to sign a lease six months before your move, when the actual approval might come a year later!

You can do a medical check (around US $400) before you send in your paperwork, or wait till they ask you to go in for your medicals - they are valid for a year.

You can find all the forms, paperwork needed etc. in the CIC website. They will also tell you how long it currently takes for them to process the application.

Good Luck!
Cindi[/quote]

So...you're saying I have to QUALIFY to move to Canada????? Even if my husband is a Canadian Citizen? He can't petition for me? We plan on buying land in NS as soon as we can, wouldn't that prove intent? It sounds like they're picking and choosing who they let in...what if my husband wants to move back to Canada...he certainly isn't going to leave me behind...isn't that qualification enough? *sigh* I'm not sure which is less frustrating...emigrating to Canada or the immigration crap we are still going through here in the States. GRRRRR!
~Karen~
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

So...you're saying I have to QUALIFY to move to Canada?

OF COURSE. Do you think that all Cdn citizens marry perfect little angels?!

What if you were a convicted meth dealer, or a kiddie porn peddler. Do you think that Canad would just let you in because you managed to get your hooks on a Cdn citizen? Sorry sister.

---
"He can't petition for me?"

Yes, he WILL petition for you, assuming you are not educated or willing to start a business, in which case you can self-qualify. Marrying a Cdn just means that you don't need to be educated or willing to start a business to be let in, but we do have SOME standards.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Bill_S
Posts: 25
Joined: Fri Feb 16, 2007 10:53 am
Location: Ohio

Post by Bill_S »

Karen, Cindi gave you the most complete answer. Realistically, as you have described your plan, you are several years away from completion. First, husband has to get GC. Second, three years in US as GC holder. Third, he must naturalize. Finally, he sponsors you as a spouse for permanent residency in Canada. The CIC website has the current procedure for doing this. However, laws change. What is the procedure now might be different 5 years from now, so we can only give you very general advice at this point.
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