How can we make this American and Canadian marriage work in both countries?

Hi,

I am hoping for some solid assistance as I am so unsure of the answers already researched.

I, an American citizen, arrived in Canada in March 2008 and have remained on Canadian soil since this date

I married a Canadian citizen on February 1, 2009
(the sole reason of why I came to Canada)

I have not been working but have basically been keeping house with my fiancee....now husband

I am applying for the paperwork "applying for permanent residence from within canada, spouse or common law partner in canada class"

I have a few questions...

-have I overstayed my status and could I be asked to return to the US without my husband while the paperwork is being processed? (I arrived in March 2008, we married February 2009)

-once the above paperwork is filed how long before a S.I.N is issued?

-how long does the land and immigration card take so that I may come and go across the border without issues?

-which paperwork needs to filed for my canadian husband to enter into the US freely with me, in case we decide we want to live and work in the US?

- are there any other forms which should be filled out for my canadian husband to be proactive?

I appreciate your time and assistance with this.

verne k

Don't know about Canada, but for your husband to immigrate to the US you would need to file an immigrant visa petition (form I-130) on
his behalf with US immigration. See uscis.gov for the form and
instructions.

Sidwell

-have I overstayed my status and could I be asked to return to the US without my husband while the paperwork is being processed? (I arrived in March 2008, we married February 2009)
YES you are currently illegal BUT you can still APPLY on the proviso that you get BACK into legal status and STAY in status while your case is being processed.
You MAY be asked to return to USA - but you may also be allowed to get back into status.
http://www.cic.gc.ca/english/department/media/backgrounders/2005/2005-02-18.asp (new law 2005)
http://www.cic.gc.ca/english/information/applications/guides/5551E3.asp (how to get back into status)

-once the above paperwork is filed how long before a S.I.N is issued?
that depends on when you are approved for the first stage of approval - and that can anything up to 1 year and you must already be back in legal status for that.

-how long does the land and immigration card take so that I may come and go across the border without issues?
Since you are applying from inside Canada, it usually takes between 1 and 2 years. Also you are STRONGLY advised to NOT leave canada while you are in process because there is NO guarantee that you will be permitted to re-enter Canada. Since you do not yet have PR status and you are currently illegal so there is no proof that you will not do it again - overstay your visa I mean - this is how immigrations will think. Your actions speak a lot louder than your words.
Once you are barred from entering canada, then the PR application is cancelled because you "abandoned" your application and there is nothing you can do. Apart from your husband reapplying to CIC again with an "outside Canada" application.

-which paperwork needs to filed for my canadian husband to enter into the US freely with me, in case we decide we want to live and work in the US?
you will be required to apply for change of status for him to stay in USA and he will need to be prepared to stay for as long as necessary to get his green card. Also since he is married to an american, he may not be allowed to enter the USA freely unless he shows proof that he will not work, will not immigrate and will go back to canada at the end of his visit.

- are there any other forms which should be filled out for my canadian husband to be proactive?
see the application forms.
there are forms for oth the canadian citizen and non-canadian citizen to fill out.
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

If you have any other problems, please contact the below yahoo group - they know everything about applying to Canada on a spousal visa.
http://groups.yahoo.com/group/canadian_immigration/

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