Girlfriend wants to stay 2 years with me on visitor's visa, possible?

[FishFins]

Hi all,

I hope someone here can help me, because I'm getting crazy overwhelmed trying to figure out my options.

Here's the problem. I'm a Canadian citizen, my girlfriend is an American. I've been living in the US with her for several years on a student visa and I am about to graduate with a 2-year degree. I would like to transfer to a Canadian university to obtain my bachelor's. The school is in a province I have no ties to currently, no job, no housing yet.

My American girlfriend wants to stay with me while I go to school (likely for 2 years). After that, the concrete plan is for both of us to return to the States. Is it possible for her to stay with me for the 2 years I will study? I understand that she could come over for a 6 month stay and it's possible to renew that, but I can't seem to figure out what our chances of her getting a renewal in these circumstances are. What reason could she claim that she needs to stay? (If it helps, we have been in quite a long-term relationship and we could prove this).

Do we need to prove that she'll be supported financially? She does not work currently and of course could not work in Canada. Her mother could pay for her stay in Canada and could prove that, but as I have been in the US as a student I don't have any income source that I could show on her behalf. I do plan on arranging a job and housing (of course) in my destination province closer to the transfer date. She would be living with me and I would also pay for her but I may not have permanent housing arranged when I cross the border with her beside me. Would that affect us?

What else would they need to know or see proof of to improve our chances? We don't want to be separated whatsoever but marriage is not an option at the moment for reasons beyond our control.

Phew...I hope that's simple enough and I hope my situation isn't so unique I'm unhelpable! Thanks everyone!

 

[Jalex23]

Here's the problem. I'm a Canadian citizen, my girlfriend is an American.

By "American" you mean ..... a US citizen? Hope it is, as any citizens from other countries in America might vary a little as they require TRVs and that complicates things.

My US citizen girlfriend wants to stay with me while I go to school (likely for 2 years). After that, the concrete plan is for both of us to return to the States. Is it possible for her to stay with me for the 2 years I will study?

It is possible, she will have to renew her visitor status each time it expires.

I understand that she could come over for a 6 month stay and it's possible to renew that, but I can't seem to figure out what our chances of her getting a renewal in these circumstances are. What reason could she claim that she needs to stay? (If it helps, we have been in quite a long-term relationship and we could prove this).

She can come up to 6 months, can be less. For renewal you will have to figure out what you can do to convince CIC that she is a visitor and not a person that wants to live in Canada for 2 years and not go through the appropiate process.

Do we need to prove that she'll be supported financially?

Of course.

She does not work currently and of course could not work in Canada. Her mother could pay for her stay in Canada and could prove that, but as I have been in the US as a student I don't have any income source that I could show on her behalf. I do plan on arranging a job and housing (of course) in my destination province closer to the transfer date. She would be living with me and I would also pay for her but I may not have permanent housing arranged when I cross the border with her beside me. Would that affect us?

I don't think this is even a concern at the moment. This is a concern for when she plans to extend her visit.

What else would they need to know or see proof of to improve our chances? We don't want to be separated whatsoever but marriage is not an option at the moment for reasons beyond our control.

Again this is not a concern for the first entry, but for her to be eligible to an extension she needs to prove you are pursing a serious relationship and for that you need something. I would recommend common-law union. If not then it will be hard to get an extension for a person that has no buisness in Canada.

Phew...I hope that's simple enough and I hope my situation isn't so unique I'm unhelpable! Thanks everyone!

It is not unique at all.

 

[FishFins]

Thank you so much for all your help! And yes, I meant she is a US citizen. Should have been specific! That was very helpful, and I'm glad to see that I'm not alone. It feels less scary that way

I did a little bit of digging so far on common law marriage and I've hit a bit of a snag. It seems that by Canada's tax/legal standards, yes, we've been in a common-law marriage and I could/should report it as such. It would also make the move easier on the both of us. But my girlfriend is currently claimed as a dependent by her family (who can't know about our relationship). I don't pay for her either, that is, she's not a dependent of mine. I'm guessing it's not possible for her to be claimed as a dependent in the US and as my common-law spouse in Canada? That seems like a Very Bad Thing to me but I can't find much on it and I don't know anything about this. Any guesses as to what our options are in this case?

Thanks again to all you lovely people donating your time and knowledge to help us clueless folk.

 

[Jalex23]

I did a little bit of digging so far on common law marriage and I've hit a bit of a snag. It seems that by Canada's tax/legal standards, yes, we've been in a common-law marriage and I could/should report it as such.

Canadian tax/legal standards are different for immigration purposes. Stick to CIC's definition of common law status.

I'm guessing it's not possible for her to be claimed as a dependent in the US and as my common-law spouse in Canada? That seems like a Very Bad Thing to me but I can't find much on it and I don't know anything about this. Any guesses as to what our options are in this case?

Why would you guess that? being a dependant and being a common-law are two different things on their own.

 

[carl321]

she can get a partner visa right ? I know they have one in the UK and most european countries..

 

[fkl]

she can get a partner visa right ? I know they have one in the UK and most european countries..

Common law's primary requirement is to have been living together for at least a year and be able to prove that.

If you have been living together for six months earlier and can prove that, then you do the same in Canada, you might be able to use that.

Still you would need additional proof - any thing that suggests you are living together e.g. shared address on bank / credit card statement, same residential address on any other docs, bills etc would help