American engaged to Canadian - Extensions, Status, Marriage - oh my!

[Kiri]

I've been reading all over the place on what to do in my particular situation. This might be a little long, but bear with me.

A little on the background.
I'm a 28 year old American citizen who is planning to marry a Canadian citizen. We met online a little over a year ago after being introduced by friends that played the same online game we do and we just clicked.. we have been together for a year since that. Met in person in April 2011 and decided to move in together. I came to Canada in May 2011 and stayed until November 2011 where I had to return since 6 months is the length of my passport. I only remained in America 3 weeks and came back in December 2011 only to be met with some resistance as I had a few boxes with me of clothing/books/games that I wanted to use while I was here (I had declared intentions of another 6 month time period). I was upfront and explained everything, and even said we were talking of getting married and eventually wanted to apply for status for me. I have a job in America where I work from home as a children's book illustrator and I can work from Canada and had been doing so and I have an address in America, etc. Well, we were granted my stay for 5 months this time and I have to leave April 30th 2012 - right on the common-law mark of one year living together.

We do not want me to leave and are wondering what to do about the situation. We have intentions of getting married December 2012 and want me to be able to stay here until then to plan our wedding, and when that time comes go about applying for spousal sponsorship. We would prefer not to have to apply for common-law, and just get an extension and everything until marriage and put in for it then outland so that we can go on a honeymoon and return to Canada and me be allowed to stay until that's approved because paying fees for common law and then turning around and doing so for spousal would be a waste when the application won't even be processed by the time we get married -- and I've read nothing of refunds on that sort of thing.

We had a free consultation on the phone with a lawyer who says they could help us and get my extension and common-law; however, I don't have $4500 to spend on that. That in mind, I'm not sure the appropriate reasoning to state to get approved for extension (wanting to plan a wedding, beginning common law PR application and wish to stay together, planning to get married and start PR spousal application in December? - I just don't know!), and I'm not sure if common-law or waiting on spousal is the sure way to go about securing my stay.

I'm not a drain on Canada. I'm not trying to get into Canada for status only (I have family, friends, work and all in America.. I have no reason other than LOVE to leave my country). I work for a company in America, and actually put my money into the economy here. We have friends and family that support our relationship, and really just don't want to be separated after all this time.. especially with wanting to plan a marriage here in Canada - kind of hard to do when I am from the south east of America - it'd be another thing if I could just drive across the border on a whim.

Anyone have a similar story or know of anything I can do? Any recommendations on guaranteed methods to secure my status and allow me to stay without being in the poor house with status hopping? Outland or inland application? Can I visit my family while holding extensions or having applications in? Will I be able to go on a honeymoon and come back during this? I'm so confused and we're wracking our brains trying to figure it out without having to take out some loan to pay a lawyer to help to make sure I can stay.

 

[CharlieD10]

1. You misunderstood something, I think. If you apply as common-law and are approved, then later get married, there is NO requirement that you then apply as spouses. The application for a "spousal" PR is a one-time application based on your relationship status at the time of application - married, common-law or conjugal. So, you can apply as common-law as soon as you qualify in April, and then go on to get married etc after you've been approved, and there will be no need to apply again for status just because you got married.

2. Apply Outland, definitely. I think you are already skating on thin ice with the border folks, so if your extension is not granted, your application remains safe when you return to the US.

3. My suggestion is that while you are together, you start preparing the application now, in anticipation of hitting the one year cohabitation requirement for the common-law status. Start reading the forms, getting an idea of what you need to have to support it, start budgeting the various costs (medical, FBI report, application fees) and drafting your application. Also, get prepared to apply for your visitor extension BUT have a plan B for returning to the US in case it isn't approved. One thing it might be good to add to your application for your extension is proof of payment of the PR application fees. That will reinforce what you told the border folks and should help your case.

 

[scylla]

Ditto what Charlie said.

And to add, there are no guaranteed methods to secure your status here. We will suggest the best possible method - but there's never a guarantee it will work. Even if you had gone with the lawyer, there wouldn't be a guarantee of success (and if he said there would be, all the more reason to stay away from him because that's plain wrong).

If you do get an extension approved, this is only valid while you remain in Canada. If you leave Canada (to visit the US or go on a trip), it's like you are entering all over again and the extension will have no value. You have been visiting Canada quite a bit now - so I would keep the visits outside of Canada to an absolute minimum (i.e. avoid completely if possible). And if you do go back, don't come back into Canada with any boxes of stuff (that's usually a huge red flag for "I'm not just visiting"). While you may not be a burden on Canada, you're not allowed to live here (only visit). And the amount of time you have been spending here is certainly closer to living than visiting. And yes - many of us on this board have gone through similar situations (my husband included).

Good luck.

 

[AmericaninQuebec]

Hi there. I just wanted to add my two cents here. I moved up to Canada before my now-husband I were even engaged. I was so naive about it, to be quite honest, that I didn't think about what to say to the border guards on the way in, etc. We just showed up at the border with a ton of stuff in my then-boyfriend's car, and I just said I was coming to stay for a few months to practice my French. They stamped my visa and gave me 6 mths entry. The plan was to find a job and gain legal status that way, but it didn't happen so we decided the best route for us was to go ahead and get married in a small civil ceremony (we were on our way to marriage at that point anyway, I'd left the U.S., my job, and my friends & family to come be with him!). Once we were married I had to renew my status as visitor, and I was still given a hard time at the border. They didn't really care that we were married, they wanted to see proof that I was being sponsored for residency. So I was given a 3 mth visitor record instead of the normal 6 mth entry. Oh, btw, I didn't know I could mail in for a visitor extension, which is the best way to do it since you have implied status until you receive a response (and it only costs $75). I went to the border every time, and risked being rejected every time. I got crap at the border most times I went (which was about every 3 mths) up until it was clear that my PR application was in the system. Then all of a sudden the border guards were very friendly, and even gave me words of encouragement that my PR would be in soon (it wasn't, but they tried to keep my spirits up). Since I live near the border I often crossed into the U.S. for random stuff, and as long as I had a visitor record that had time left on it I was able to re-enter Canada with no real extra questions asked (and I never had to get a new visitor record after these visits - even week long trips home for Christmas - just at the end date of the record, even though technically I think you're supposed to return and be issued a new one each time you exit and re-enter). As I said though, all of this got easier with the more proof I was able to show that I was being sponsored by my spouse. I ended up staying in Canada as a visitor for about 18 mths (got married after I'd been here about 6 mths, sent my PR app in after 3 mths prep, spent the rest of the time waiting).

My advice to you is to:

1) consider if you and your bf are open to the idea of a small civil marriage. As I said, that's what we did, then we took the time to plan a big wedding the following summer. If you are open to that idea it is one way to go about going forward with your PR application and having a reason to stay in Canada (i.e. you want to stay with your spouse while the sponsorship and PR applications are being filed/processed)

2) if marriage is a no-go, then you need to confirm your dates and make sure you'll be at the 12 mth mark of co-habitation for a common-law application at the end of your current visit. I'd start preparing your documentation right away so you can get that sent in asap. Then I would fill out the request for extension of visitor status and state that you want an extension so you can file for PR with your common-law partner, and stay with him while the application is being processed. I believe that the extension of visitor status has to be sent in about 30 days before the end date of your visit. You can then stay in Canada on what is called implied status while you await the result of your request for extension of visit. If you live near the border you can wait until the end of your current visit and then go down to the border, exit Canada and immediately return in order to restart your 6 mth clock (you don't actually have to stay away from Canada for any specific period of time). This saves you the trouble of having to pay $75 for the visitor extension, but you risk being denied re-entry. Like I said, they will likely ask a lot of questions and maybe give you some attitude, but if you can bring a copy of the sponsorship and PR application forms already filled out and ready to go then they'll likely give you less trouble. That is what I did after my marriage, because they had told me that if I didn't show proof that I was being sponsored for PR the next time I crossed the border then they were going to deny me re-entry. If you go to the border instead of sending in a visitor extension request there is also more chance (in view of my personal experience vs. what others have said on this board) that you will get a limited re-entry of say 3 months, versus a 6 mth or 12 mth extension, so you'll have to go through the trouble of renewing your status more often.

Either way, I don't see how you will be able to continue regaining entry to stay with your boyfriend without moving forward with either getting married or doing a common-law PR application.

One side note: If you already have a visitor record or a stamp in your passport with an end date on it you technically have to leave Canada by 11:59 pm the day before that date. If you stay until that date then you have overstayed your visit and are no longer a legal visitor to Canada. This is important in case you decide to renew your visitor entry by leaving and returning to Canada. Not a big deal if you apply for a visitor extension by mail/online.

 

[AmericaninQuebec]

Also the Buffalo outland thread has a lot of friendly people with useful information. You could try posting there for more input. http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-buffalo-applicants-t41886.9405.html

 

[scylla]

Great advice from AmericaninQuebec.

My husband was able to leave and re-enter Canada easily for the three years before we got married and submitted his PR application. He traveled frequently and left and returned to Canada somewhere between 10-20 times per year. He spent 80% of his time living with me as a tourist in Canada (which is obviously closer to "living" than "visiting"). He never ran into a problem at the border (he usually returned by air but time to time by land). However his situation was very specific and I wouldn't recommend his travel pattern to most.

First of all, he had a Nexus card which meant that he didn't have to speak with an immigration official most of the time.

Secondly, he was an independent consultant who traveled quite heavily and globally for business (he has one of those 48 page passports and there are very few free pages or spaces left). This means that his frequent travel to and out of Canada wasn't unusual given his previous travel patterns.

Thirdly he always traveled light (i.e. followed the "don't look like you're moving here" rule).

Fourth, he was very well established in the US and had strong ties to the country (owned a primary residence home and a few small rental properties, bank accounts, US cell phone, car, etc.).

Fifth, he always had a close departure date when he entered Canada (and often proof of a flight to support that departure date). Typically, that departure date was a month or less after his entry into Canada.

Even with all of that - I was still nervous each time he re-entered.

 

[Kiri]

Thank you everyone.

I think I am going to apply for extension sometime in March and prepare my common-law application information and letters from friends/family, etc during that time and go with that. If I don't get the extension, I'll go back for a couple weeks to see my family and then attempt to re-enter with the confirmation email/letter and copies of my PR application to show that's what we have going on. It seems so simple now after hearing from others! Felt like I was going stir crazy before, heh.

I have a couple remaining questions.

1.) My sponsor.. does he need to send in his application now so he can be approved before we ever do so for me.. or is that part of MY application?

2.) In terms of our living together -- End of April 2011 he resided in my home in America for 2 weeks to prepare for my coming to Canada and I came and began my staying May 14, 2011. Is my common-law mark starting the day I began cohabitation in Canada, or in general? And is it safe and OK to mail off my application a little before (say in March prior to sending off my extension request so I can send in proof that I'm beginning the process - and if not then, sending it in April early so I can have the documentation for the border if I'm denied?)

Thanks again everyone for any and all the advice given.

 

[AmericaninQuebec]

To answer your questions:

1) The sponsorship application and your residency application are to be sent together. Once his sponsorship is approved your application for PR will automatically be forwarded to Buffalo (the visa office that will handle your outland application). Definitely take a look at the guide on Immigration Canada's website. It will help clarify stuff like this.

2) The definition for common-law partner as it pertains to PR by sponsorship is as follows (from http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp):

Common-law partner

You are a common-law partner—either of the opposite sex or same sex—if:

you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)

You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:

joint bank accounts or credit cards
joint ownership of a home
joint residential leases
joint rental receipts
joint utilities (electricity, gas, telephone)
joint management of household expenses
proof of joint purchases, especially for household items or
mail addressed to either person or both people at the same address.

I can't really give you an answer to your 2nd question beyond that. You'll have to compare your situation to this definition. You don't have to have 100% of what's listed, but the more of it you do have the stronger your proof of common-law partnership will be.

Again, I'd recommend joining the conversation on the Buffalo thread. There are people in all stages of the process who can give you answers that will be relevant to your situation.

 

[scylla]

1) You send everything together to Mississauga - both the sponsor part of the application and your part of the application. So no - don't send the sponsor stuff now.

2) Don't submit the application until you actually have a full 12 months of living together. So unfortunately it's not OK to send the application in March or early April. You need to wait until you actually qualify as common law.

Hopefully someone else will be able to comment regarding the "when you became common law" question.

 

[Kiri]

Okay. We do have everything except joint ownership of home. Well, I'm not on his bank account yet.. but that was being done this week. I am on power, and lease. Have joint mail, receipts. Separate personal bank statements of purchases for home (grocery, etc.)

Now the only thing to find out is if it's considered started April 27th 2011 when he came to stay in America and we came back together, or May 14 2011 when I began staying in Canada.

On extension application I would just put that I am going to be beginning the process of PR for common-law and have already paid the fees for it? (As in, pay the fees early and hold the app until the date hits for 12 months so I can prove that we're doing that? ...or does it matter if I pay and show I've paid, is just saying I'd like to begin the PR process and wish to stay during?)

Sorry for all the questions.. just want to dot all i's and cross all t's. I will also check that thread out AmericaninQuebec, thanks.

 

[AllisonVSC]

Yes, pay the PR fees and include a copy of the receipt with your extension application and mention that you wish to stay in Canada for the duration of PR processing.

It is advised to apply for the extension 30 days before your status expires but really the requirement is that the ext ap is RECEIVED before your current status expires. So be sure to send your application with some sort of proof/confirmation of the date it is received. Sending the ext ap via mail (versus online) will give you longer implied status until the decision is made and so potentially more time in Canada if by chance the extension is not granted.

As far as proof, please take a look at the Processing Manual here http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

You will want to read sections 5.25 through 5.26 at least. The key to establishing a "marriage-like" relationship (this applies to spouses, common law and conjugal partners) is providing evidence of a high degree of interdependency in various aspects of your lives. The manual gives examples of what they are looking for in these 4 categories of interdependence! I think you will find this very helpful.

All the best. Allison

 

[Kiri]

Thanks so much!!

 

[sariss]

Good luck!
I can't offer any advice other than what has been said, but I do have a question - what game did you meet your fiance on?

 

[AllisonVSC]

Oh and one last thing...from a PM I wrote back in 2010

If you are applying as common law partners I think it best not to mention that you plan to marry in your application. Here is what I think is the underlying reason. Unlike the US, Canada does not have an immigration class for fiancées. If you are intending to marry, you are expected to do so before applying in family class. But the Supreme Court in Canada has upheld a couple's right to NOT marry if they so chose even for couples where one partner is not a resident (in other words, the government can not require you to marry in order to immigrate) (See 5.45).

So in order to qualify in any "conjugal" category (spouses, common law and conjugal partners are all considered to be in the "conjugal" category based on the, um, shall we say, intimate nature of the relationship) the proof that you qualify is that you are ALREADY IN a marriage-like conjugal relationship. Immigration officers tend to think of fiancées as a precursor relationship that may (or may not) lead to a marriage-like relationship. As you will see in the OP 2 manual, they clearly state that they are not trying to judge future relationships (see 5.46) so focus on what your relationship is currently and leave it at that.

Members of the forum have referred to cases where applications from common law applicants who stated that they intended to marry have been shelved in the process basically waiting until the applicants actually married. Or they were refused citing that they did not believe the relationship had yet satisfied the definition (in other words moving towards a marriage like relationship but not there yet). I don't know how common this is, but you probably want to avoid delaying your application by stating your intention to marry. Focus on proof that you already are in a conjugal marriage like relationship and that you have lived together for at least one continuous year. And use the OP 2 manual as a guide (see 5.34-5.36). I recommend not mentioning any future marriage plans.

 

[Kiri]

Oh wow, I'm so glad you said that! Thanks a ton Allison!

Wish me luck guys, I will keep ya'll posted

Oh and sariss? World of Warcraft... :