Advice! Fiancé had to leave for death of his mom...

[Robin087]

Hi everyone. My fiancé and I need advice .
I'm a Canadian citizen and he is an American. We've been dating for two years and want to get married . (We would get married really soon but I have been trying to get a divorce for 3 years from an ex and he is making the process very difficult )
All of that to say, my fiancé has been up here a couple of times for six month visits. He's never overstayed his alotted time (always left at least a week before), he's never attempted to work illegally here, and he has a clean record.
He did a six month visit from October 2016-April 2017. Before his time was up he went to USA for a weekend and returned , in which they have him 3 more months. One and a half months into this three month visit they gave him, he applied for an extension under the grounds that we'd moved in together while he was here and we are trying to gather up the 12 consecutive months needed for me to sponsor him as my common law partner.
While he's been waiting for the extension application, he has been on implied status as a visitor to my knowledge from all we've read. He never tried to work or anything he knew he wasn't supposed to do. While he was on implied status waiting , he got a call from his brother to go home immediately as his mom wasn't going to live. He didn't want to mess things up here, but had to leave understandably . He's been gone a week and his mom has passed away. He plans to stay and help his brother with some things for another 3-4 weeks and then he wants to return.

I want to add, he has been a stepfather to my children for two years and has been a dad to my youngest whose father left when before birth. My kids are also desperate for him to come back as he is their father figure (the youngest is very close to him /calls him dad) . We really want this to work and want him to be able to return!
Can anyone please please give advice? Am I right that we have to have 12 consecutive months in the same home for me to sponsor him common law? Though he only lived full time in my home for 2 months before he left, he mostly spent all day here with my kids and I for the last 11 months . But because we didn't claim common law, am I not able to sponsor him sooner?
If I can't sponsor him until we have 12 straight months common law or my divorce comes though and I can finally marry him, what are my best options to get him back to us?
I am worried they won't take too well to him leaving while on implied status. I know I've read he cannot come back and be on implied status once he left..but the things I've read were referring to someone on implied status with a work permit, not someone who was applying to extend a visitation. If he had to leave for his moms death, are they going to hold that against him? I know you aren't supposed to leave while waiting for the application to process. Even though he only wanted an extension for visiting, (not work or study) is his implied status and his application no good now that he's left? Will he have to come trying to get a brand new 6 month visitation stay in Canada and his application for extension be null?
If that's the case, what can he do to have the best chance to be allowed back? I know our best option would be sponsorship but I don't think we qualify yet
He can't a student visa to work out (we looked into it ) and work permits we tried looking into and are getting nowhere. No one will give a job offer until he's sponsored to be here already. It seems our only option is getting six month visits until I can sponsor him. Otherwise we will have to be apart .
How good are his chances of being admitted another six month visit if he has money in his account to sustain himself and is going to be common law with me, after he's already be in the country quite awhile? Is there anything he could do to improve his chances? Would it look better if he only flew up to Maine and I went down and met him there and we came to the border together to express our case. We will do anything we can! We've become a family and my kids and I miss him and don't want him to be gone very long. He also wants to get back as his closest relative there has passed and he wants to be with us as my kids have become like his own.
Please anyone who has any advice or ideas, we would so appreciate it!! Thank you

 

[spousalsponsee]

If you had ever lived together for 12 months, you could sponsor him sooner. It sounds like that's never happened? Unfortunately, the length of time he's gone on the current trip for means you're re-starting the clock now, so if he returned immediately, the earliest you could sponsor him Common Law is October 2018. (Just to confirm you know, the good news is that you can establish CL, and even sponsor him, even while you're still married to someone else, if that relationship is over - so your ex husband can slow this down, since you have to go CL rather than married, until you're divorced, but he can't prevent it).

Because he left the country, his implied status & application for extension are void - he'll return to Canada, and be assessed like any American seeking to enter. The potential problem he might have is if CBSA think he's trying to go to Canada to live there. He needs to be clear that he is only allowed to visit his girlfriend (you), and isn't moving his life there.

 

[Robin087]

If you had ever lived together for 12 months, you could sponsor him sooner. It sounds like that's never happened? Unfortunately, the length of time he's gone on the current trip for means you're re-starting the clock now, so if he returned immediately, the earliest you could sponsor him Common Law is October 2018. (Just to confirm you know, the good news is that you can establish CL, and even sponsor him, even while you're still married to someone else, if that relationship is over - so your ex husband can slow this down, since you have to go CL rather than married, until you're divorced, but he can't prevent it).

Because he left the country, his implied status & application for extension are void - he'll return to Canada, and be assessed like any American seeking to enter. The potential problem he might have is if CBSA think he's trying to go to Canada to live there. He needs to be clear that he is only allowed to visit his girlfriend (you), and isn't moving his life there.

Unfortunately he prob won't be able to return until next month as there are still some details he has to help his brother with after his moms passing. But I understand what you mean. If he returns in Nov 2017 I can sponsor him common law in Nov 2018. That's providing he can get enough extensions to be allowed 12 consecutive months. If my divorce goes through before nov 2018 and I am able to marry my fiancé, I could sponsor him as a spouse sooner, correct?
My big question is, you say that he wil have to convince them at the border that he is not attempting to live here, But when they see he applied for an extension on the grounds that he was living common law, will that mess things up?
In your opinion, what's the best thing he should say?
Would a something like this be best:
"I'm going to visit my fiancé and the children whom I have formed a bond with; I have enough cash to sustain myself as I'm aware I'm not permitted to work. I'd like to be allowed a 6 month stay to continue to work on our relationship. "
Should we reword that or add or take anything away?
I'm aware nothing is certain and it's ultimately up to the agent he gets but any and all suggestions are appreciated! We want to give it the best chance possible so our family doesn't have to be apart. Thanks!

 

[Chroniverous]

I read on other posts of others visiting for 6 months who came back to visit and are visa exempt without a problem. If he is flying he should pack as a vistor with proof of a return ticket and funds for 6 months. As for the extension part, he doesn't haven't to leave but can apply online to extend his stay for obtaining common law. Im not sure if there's a limit on asking for a longer extension but we applied for a year on my gfs last visitor extension which they thankfully granted us. Just my opinion and hope there's others who will comment but I would suggest he say that he's visiting his gf and is prepared to leave after 6 months. If they bring up why he left then he should be honest. If they dont ask then dont volunteer more info. Hope this helps!

 

[Robin087]

I read on other posts of others visiting for 6 months who came back to visit and are visa exempt without a problem. If he is flying he should pack as a vistor with proof of a return ticket and funds for 6 months. As for the extension part, he doesn't haven't to leave but can apply online to extend his stay for obtaining common law. Im not sure if there's a limit on asking for a longer extension but we applied for a year on my gfs last visitor extension which they thankfully granted us. Just my opinion and hope there's others who will comment but I would suggest he say that he's visiting his gf and is prepared to leave after 6 months. If they bring up why he left then he should be honest. If they dont ask then dont volunteer more info. Hope this helps!

Thank you for the response! I'm hopeful it'll all work out. What do others do when they have to prove a return ticket? Do they purchase one and try to change the date later when they apply for extension or just lose the money and not use it at all. The other couple of times that my fiancé came for 6 month visits he never had a return ticket booked, but he packed for a visit and told them he'd be going home and was just trying out our relationship and visiting . They allowed it. But I don't want to take chances.
Also, what does everyone say is sufficient funds for six month? In Canadian dollars? Minimum? We want to make sure that's not an issue either. He is able to tell them he will be staying with me and not have to deal with cost of room and board or much for food. Just basics.
Thanks again to you and anyone else who can shed some light and give advice

 

[Chroniverous]

I believe others have just purchased a return ticket with their flight then canceled them after. For the 6 months funds I don't think it's specific just as long as he has it.