Okay so we undertand how the common law application works and that we have to live together for a year and everything. The problem is my gf is gonna need to live with me in the states for basically the whole year. After the year is up we plan to move up to Canada and put in our application. We keep trying to find out what the visa requirements are and can't find clear answers. Can she stay longer than 6 months without a visa?? And if not can she request to stay longer? Or can she go back to Canada for a week or so and come back?? Any of you have any personal experience with the matter??
how long can my Canadian gf visit and stay in us while we work on common law?
- Thread starter Mholland93
- Start date
You're planning on living in the US, right? She can stay for 6 months, but you have to renew the status just like in Canada. But, the US is WAY stricter about this, and it's hard to do. And whatever you do, don't tell the US border people that she/he is planning on living in the US. They are even stricter about that than Canada is. The renewal you can get in trouble if they think you intended to live in the US the whole time, so be careful. I'd get advice from a US visa forum. I have heard you can ask for 12 months at the border, but I don't know about this. You'd have to have a hell of a lot of proof that you intend to go back to Canada, and that you can support yourself.
If you happen to be getting married in the future, then your prospective spouse can get a k1 fiancee visa which would solve a lot of these issues.
I think within 45 days of the 6 month mark, you fill out an I-539. But, you also need an I-94 which I *think* you can get online, but I am not sure on that, and some people say you can't get this I-94 as a Canadian. The status renewal is expensive too, $290 USD. And, I think it's nearly impossible to qualify for this as a Canadian. That's what I've learned when I was thinking about doing it. I'd be interested to know what other people say.
If you happen to be getting married in the future, then your prospective spouse can get a k1 fiancee visa which would solve a lot of these issues.
I think within 45 days of the 6 month mark, you fill out an I-539. But, you also need an I-94 which I *think* you can get online, but I am not sure on that, and some people say you can't get this I-94 as a Canadian. The status renewal is expensive too, $290 USD. And, I think it's nearly impossible to qualify for this as a Canadian. That's what I've learned when I was thinking about doing it. I'd be interested to know what other people say.
Yes we are planning on living in the US for the year that's required of us to live togther to be considered common law. It's really the only feasible way we can afford to live together with only one of us working.
That's really lame the US is stricter and that's what we're worried about. What we are considering is like after 4 or 5 months having her fly back up to Canada and stay for a week. Would that like be enough time for her to come back for another 6 months without having to apply for an extension? Or is the extension the only way? Is it just up to the border agent if she can come back? And would her being gone for a week would that "inturupt" the year of living togther that's required for common law?
And say we do apply for the extension. What kind of proof will we need to make it look like she didn't intend to live in the states the whole year?
Good idea to ask this in a USA visa forum ha probs will get some answers there
That's really lame the US is stricter and that's what we're worried about. What we are considering is like after 4 or 5 months having her fly back up to Canada and stay for a week. Would that like be enough time for her to come back for another 6 months without having to apply for an extension? Or is the extension the only way? Is it just up to the border agent if she can come back? And would her being gone for a week would that "inturupt" the year of living togther that's required for common law?
And say we do apply for the extension. What kind of proof will we need to make it look like she didn't intend to live in the states the whole year?
Good idea to ask this in a USA visa forum ha probs will get some answers there