How can Canadian girlfriend stay with American boyfriend for one year?

[ChaCol927]

My girlfriend and I are trying to complete the 1 year requirement of living together to be considered common-law partners. She is a Canadian resident and I live here in America.

I'm not 100% sure what the whole process is of her being capable of living here. Please correct me here if I am wrong or if I need to include any other critical steps.

First, she needs to apply for a visitor visa (she is from Edmonton, AB and I believe she needs to go to Calgary to get this done). I don't know how the process for this works, can anyone explain?
If she has the visa approved already for 6 months does she need to convince the customs officers she doesn't intend on staying her permanently, or is there a completely different process to come visit for 6 months?

After she is here for 6 months, when and how does she apply to extend her visitor visa for another 6 months? Is there any concern that she may not get it approved and have to leave?

Once her 1 year stay is up, how long does she have to go back to Canada?

What evidence is needed to prove that we were together for 1 year? I believe I will be able to add her onto my lease, what other proof should we collect?

Once we complete the common-law partnership requirement, I plan on applying for a working-holiday visa through the SWAP program and moving to Canada for a year to work, during this year we will apply for the spousal sponsorship that will allow me to gain my PR. Is there anything wrong with doing this or anything I should be aware of?

Please let me know if you need any more information, I appreciate any advice and help offered.

Thanks.

 

[canadianwoman]

You could apply for SWAP and then live with her in Canada for a year to establish common-law.

When you do live together, make sure you gather solid proof of your cohabitation that covers a full year. Putting her on your lease is good. Try to get her on utility bills as well, or have her get some kind of bill that goes to the same address as your bills. Joint bank accounts and credit cards are also good. You can add her to your insurance or other company benefits, and vice versa.

I am not sure about what she needs to enter the USA. She doesn't need a visa to just visit. If the border agent thinks she is going to stay there permanently or is going to work, she will be refused entry.

 

[ChaCol927]

You could apply for SWAP and then live with her in Canada for a year to establish common-law.

When you do live together, make sure you gather solid proof of your cohabitation that covers a full year. Putting her on your lease is good. Try to get her on utility bills as well, or have her get some kind of bill that goes to the same address as your bills. Joint bank accounts and credit cards are also good. You can add her to your insurance or other company benefits, and vice versa.

I am not sure about what she needs to enter the USA. She doesn't need a visa to just visit. If the border agent thinks she is going to stay there permanently or is going to work, she will be refused entry.

We would like to try to establish common-law partnership before I go up there through the SWAP program. She doesn't want to stay apart any longer (we have been dating a year and a half) and it will be easier to apply for spousal sponsorship while I'm up there if we already have common-law established. Also I would have to leave Canada and quit my job if she doesn't sponsor me and I get approved before the year is over which is another reason why we want to get it before I go up there.

So she doesn't need a visa to visit for 6 months? We aren't really sure how it works but what would she tell the customs officers to make them believe she is not staying? She will be visiting for 6 months and extending it for 1 year. Should she mention that she is trying to establish common-law status with her boyfriend?

 

[canadianwoman]

Canadians are generally let in for 6 months. She should have proof of ties to Canada to show the border agent, such as proof of a job, housing, bank accounts, other investments, and a return ticket with a specific date.

She can leave, then re-enter. I am not sure about extending the stay - I hope some forum members who have actually done this can answer.

 

[ChaCol927]

Canadians are generally let in for 6 months. She should have proof of ties to Canada to show the border agent, such as proof of a job, housing, bank accounts, other investments, and a return ticket with a specific date.

She can leave, then re-enter. I am not sure about extending the stay - I hope some forum members who have actually done this can answer.

Is there any specific reason she should provide the officers? I know when I went to visit her in Canada for 1 month they were asking me a lot of questions. They specifically said one month was a long time and then started asking about what I did at home.. which was go to school, work for my dad, live at home with parents, etc. I'm sure if I put anything longer for 1 month they would have been way more thorough with the questions.

I guess the return plane ticket would be a big help with proof (although she would hopefully be able to refund it). As far as the other stuff goes, she works for her dad so she will always have a job, but lives with her parents so there is really no proof of housing. She does have several checking and savings accounts as well as a credit card, so hopefully all that would be sufficient.

 

[canadianwoman]

They probably will be suspicious. She has to be clear that she is just visiting, and will not be working. Proof of funds is a good idea.

One can never be sure what will happen at the border. The last time I entered the USA, I was going for only three days, but they gave me 6 months.

 

[ChaCol927]

They probably will be suspicious. She has to be clear that she is just visiting, and will not be working. Proof of funds is a good idea.

One can never be sure what will happen at the border. The last time I entered the USA, I was going for only three days, but they gave me 6 months.

Can you clarify what you mean by they gave you 6 months? I thought you have to write on that form you receive on the plane how long you are staying for. Can you actually stay longer than what you write on the form?

 

[danawhitaker]

Can you clarify what you mean by they gave you 6 months? I thought you have to write on that form you receive on the plane how long you are staying for. Can you actually stay longer than what you write on the form?

Not everyone travels by plane.

My husband crosses the border into the U.S. by car. The first time, he had to go through secondary. In that case, he did have to fill out a form and that did include a section asking how long he was planning on staying. The second and third times that he crossed, however, he didn't have to fill out any forms - he simply had to answer questions. They maybe made a notation of it somewhere along the way, but there was no specific form to fill out, and it didn't seem like they were really making note of it at the time.

When I came back to the U.S. earlier this month via Greyhound, none of the Canadians traveling into the U.S. with me had to fill out any forms. They simply scanned their passports in a machine and walked up to the counter and spoke with someone and then had their luggage x-rayed. Well, people might have had to fill out forms if they got pulled into secondary (a couple people held the bus up a short while) but most people didn't have to do anything out of the ordinary.

Coming in on the Canadian side, I've never had to fill out anything either. It's always been verbal. I always have return tickets with me, but I've never been asked to actually see them.

 

[canadianwoman]

Can you clarify what you mean by they gave you 6 months? I thought you have to write on that form you receive on the plane how long you are staying for. Can you actually stay longer than what you write on the form?

Yes. You have to leave by the date they stamp in your passport. I arrived by plane with a return ticket for three days later - and final exams to get back for. But according to my passport stamp, I could have stayed for 6 months.