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Canadian/American Common Law Sponsorship Questions

Mholland93

Member
Nov 17, 2015
11
0
So my Canadian girlfriend has been staying here with me in the USA for almost 6 months now then we plan to move to Canada where i will be staying with her for 6 more months. I then plan to apply for permanent residency through common law sponsorship.

1) We plan to drive up to Canada and will have our belongings with us (mostly just clothes, movies, books, that kind of thing and we are wondering if its a bad idea to bring a few small appliances such as coffee maker etc. We don't plan on bringing any furniture or anything)

A) Given the items we are bringing is it going to look suspicious and are we going to have trouble crossing?
B) What is the process and what kind of questions are typically asked?
C) If I am denied entry, what happens with my girlfriend? given we are taking my car and she needs to be back in Canada as she has stayed the allotted time that she is allowed in the states.
D) Is it possible or likely that I will only be allowed to stay for a time less than 6 months?
E) If denied, will I have trouble crossing in the future?


2) So far for proof of her living here we have: A gym membership for her, a shared bank account, and a few pieces of personal mail with both of our names on it. We haven't been able to add her to the lease or to any utilities.

A) Is that going to be enough proof?
B)Because of our lack of proof we've had here, is it maybe a good idea to extend my stay in Canada longer than 6 months before applying?
C) What is the process for getting an extended visa? Will it be hard to get one?



3) I am planning on visiting my family in the USA for thanksgiving (after about 2-3 months of being in Canada)

A) How long is too long to be out of Canada for this? I only plan on a few days to a week max.
B) Will I have any trouble getting back in to Canada when I return?
C) Does that "reset" the 6 months that I am allotted to stay as a visitor?
D) What are the chances of being denied PR? if denied what happens after? just re apply?

Lastly, we are a little confused about the exact time she is allowed to stay here in the USA. We were under the impression that she was allowed to stay for 6 months (March 7- Sept 7) but we have recently been told its not 6 months its 180 days but we have also seen that it's 182 days so we are unsure of which it is.

Is it bad to be crossing on the exact 180 or 182nd day or should we plan a few days before?
 

Decoy24601

Champion Member
Aug 13, 2015
1,511
52
Vancouver, BC
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
06-04-2016
AOR Received.
28-04-2016
File Transfer...
SA 27-05-2016
Med's Done....
23-03-2016 Upfront
Interview........
Waived
VISA ISSUED...
07-06-2016
LANDED..........
06-07-2016
You cannot move to Canada until you are a PR. You can, however, "visit" her in Canada, but this means you will be expected to act like a visitor with minimal luggage. If you show up with small appliances and a lot of movies, books, and clothes (a few books and movies are fine), that's a good way to get turned around.

B) Yes, refer to what I said.
C) Your girlfriend will probably have to drive you back into the states.
D) Yes, it's possible.
E) That depends. You will most likely get a voluntary withdrawal if you are refused, which isn't supposed to be recorded in their system.

2)
A) That may or may not be enough proof. Anything other than leases/utilities (or statements from the landlord saying that both of you have lived there together) isn't very good proof. You need more than just a few pieces of personal mail, a gym membership, and a shared bank account.
B) Yes, that might be a good idea. It's up to you.
C) You apply online and by the way, you are visa-exempt. You will be extending your "status". It isn't very difficult.

3)
A) Anything more than a few days would be a very bad idea for proving common-law. Keep in mind that any visitor status extension will be void when you leave Canada. The more times you try to re-enter Canada, the more times you're asking to get refused.
B) Yes, you very well could.
C) Yes.
D) For an American, it's very low, unless you end up having not enough proof that you have lived together for 12 months. You can appeal or reapply.

You can technically stay for up to 6 months, but keep in mind that the CBSA doesn't have to let you in for that amount of time. If they are not convinced you will leave at the end of your stay or other issues like not having enough funds or enough ties to the U.S., then they could either refuse you entry or allow your in for a limited amount of time. They are more lenient to people who already have a PR application in process, but that doesn't apply to you yet. Remember that she is visiting, not moving.

Edit: I corrected some pronouns (I used she instead of you a few times).