Marriage US / Canada Advice concerning marriage between

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Hi!  I hope you can answer a few of my questions, I submitted these questions to your mailing list, but I read that you lost some of them, which probably included mine.  
I am a U.S. citizen and my boyfriend is Canadian.  He is currently still in school (in the U.S.) but will be graduating in May.  He has an O.P.T. Visa (Ontario Practical Training, I believe) which will allow him to work in the U.S. for up to a year after graduation, as long as it is in his field of study.  We are planning on getting married next summer (a year and a few months from now) but we have some questions concerning this:
1)       If we get married while my boyfriend is on this visa, will it be considered a violation of it because he will be entering the U.S. as a non-resident?
2)       We are thinking of living in Canada for a few years after we get married and then eventually settling down in the U.S.  If we are married, does that automatically give me the right to work in Canada (provided that I fill out all the correct paperwork) or do I have to go through a lengthy process such as that for the U.S. greencard?
3)       If we apply for my then-husband's U.S. greencard while still living in Canada, will he be able to enter the U.S. at all during the processing period or does he have to remain in Canada?  I believe the processing period is shorter if you apply while you are outside the country - are we able to do this if I am outside the U.S. as well?
Please let me know if you can help me out with the answers to any of my questions!
Thank you!
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david ingram replies:
1.    If he is caught at the border, he will likely be refused if you do not have proof he does not want to stay.  Having copies of the paperwork showing that you were applying to live in Canada would be evidence that he intended to leave after finishing his year's training.
2.    That thought and an application in place would certainly go a long way towards keeping him legal in the USA. There is no more right for you to work in Canada because you are married to a Canadian then there is for your husband to work in the USA if he is married to you.
3.    He should not plan on crossing the US / Mexico, US / Canada, or US / any other country (international terminal at an airport) border while his application is being processed.  You can apply from outside the US.  You will need to file US returns while living in Canada and  in today's dollars will need to prove about $23,000 US income a year to be considered capable of sponsoring him.
What you should likely do is plan on coming to Canada for about five years while you get your Canadian citizenship and then taking him to the US.  At that time, he might just get a job in the US with an H1-B visa which would be a whole lot faster than your sponsoring him. After happily ensconced in the States, you can sponsor him for his "green" (resident alien) card.
You will get to Canada faster if you qualify for a job first under NAFTA or some other working visa.
  
The following is the paperwork  for him to sponsor you into Canada as a spouse or on your own as a self-assessing immigrant.
   http://www.cic.gc.ca/english/skilled/assess/index.html 
This is the self-assessment test for an individual to determine his or her eligibility to immigrate to Canada without being sponsored by a spouse.
You can start the process by going to:
1.    http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf
This is a guide for sponsoring a US citizen spouse into Canada.
            Publication 3910E 
2.    http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf
This is the application form to sponsor - form IMM-1344A
3.    http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdf
This is the sponsorship agreement - Form IMM-1344B
4.    http://www.cic.gc.ca/english/pdf/kits/forms/IMM5481E.PDF
This is the Sponsorship Evaluation Form IMM-5481
5.    http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDF
This is a statutory declaration of a common-law marriage - FORM IMM-5409
6.   http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is the Sponsor Questionnaire - Form IMM-5540 
7.    http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is an authority to release information - FORM IMM-5540
8.    http://www.cic.gc.ca/english/pdf/kits/forms/IMM5491E.PDF
This is a document Checklist - Form IMM-5491
9.    http://www.canadapost.ca/tools/docp/CIC/bin/hpm-e.asp
This is where you order your official receipt 
10.    http://www.cic.gc.ca/english/pdf/kits/forms/imm0008egen.pdf
This is your actual Application for Permanet Residence - FORM IMM-0008GEN
11.    http://www.cic.gc.ca/english/pdf/kits/forms/imm0008_1e.pdf
This is your Background Declaration - FORM IMM-008_1
12.    http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
This is your additional family information - FORM IMM-5406
13.    http://www.cic.gc.ca/english/pdf/kits/forms/IMM5490E.PDF
This is your spouse or conjugal partner questionnaire -= FORM IMM-5490
14.    The Above PLUS a police report from your local police station (See the guide for details) applies to those being sponsored from the UNITED STATES. There is a separate brochure for every country.  If you are reading this and are from any other country (Australia, Brunei, Austria, Venezuela, etc) goto
14    http://www.cic.gc.ca/english/applications/fc.html for other country guides.
I know this will help you make your decision.  If we can help you, remember, that is what we do for a living.  In particular you should goto www.centa.com and click on and read US/Canada taxation BEFORE you come.
David Ingram of the CEN-TA REALTY  Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 980-0321 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
Disclaimer:  This question has been answered without detailed information or consultation and is to be regarded only as general comment.   Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
Be ALERT,  the world needs more "lerts"
 
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