Sponsoring an American Spouse to Canada - ask

Message   Hello!
I am a Canadian citizen working on a TN visa for the past year as
Senior Graphic Artist for an Ad agency downtown LA.
I have met this wonderful, carrying lady that we have been dating
for over 7 months now. I believe I am ready to propose and move
on to a new chapter in my life.
She is a Permanent resident living here in the US for 4 years (I
think she already applied for her citizenship and waiting). I am
not interested by any means to lose my Canadian citizenship (I am
a dual citizen of Austria and Canada) and I would love to live in
Toronto where we plan to live after her dental school (4 years)
is over. But as you know I also don’t want to be rejected by TN
Visa officers on my extension visa case.
What would be the best way to go about this? I only need to get a
work permit until we go back to Toronto.
Should we apply for her residency in Canada first or for mine in
the US first?
I read all your emails and they are very interesting but my case
is also somewhat interesting to be added to your archive.
Thank you very much
 ===============================
david ingram replies:
She should get her US citizenship first if she is that close.
Then, you can marry and she can sponsor you for US citizenship.
If you decide to come to Canada AFTER she gets her US
citizenship, you can sponsor her if you are married or even if
you are living together as a common law couple.
Either way, you should get your employer to change your visa to
an H1 because that way you can be their intending to marry an
American.  With a TN visa, it is not valid if you intend to stay
in the US forever.
However, you likely have an out for your TN because you have
clearly told me that you intend to return to live in Toronto.
That is certainly a temporary intention as far as your residency
in the US is concerned.
The following old question is a map to what you will have to do
to import your lady to Canada.
QUESTION: I'm a Canadian citizen and just got married. My wife is
a U.S. citizen. I would like to apply for my wife's permanent
residence in Canada. I would appreciate if you can tell me the
process and how long would it take.
Thanks in advance
===========================================
david ingram replies:
You will have to decide on whether to apply form within or
without Canada.
Within would have her in Canada sooner but she can not work
unless  she has a work visa.  If she has a university degree, she
might qualify as a professional under Treaty NAFTA.
Basically to sponsor her, you need to fill in the following paper
work.  At the moment, it is likely taking up to 22 months and is
processed through Buffalo New York
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 Permanent 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.
15.   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.
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.
Be ALERT,  the world needs more "lerts"
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