I need some advice on Common Law and extensions!

[Jack_Scarlett]

Hello,

I just have a few questions. I'm an American Citizen, living with my Canadian fiance' in Ontario. We've kept a long distance relationship for 8 months, I visited him in August, and we decided that we wanted to close the distance. I returned after an 11 day visit on November 15th. I've been here since, but May 14th is when I must return back to the US. I have exactly 2 months until I must be out unless I am approved for an extension. We want to establish common law, and I must be here for a total of 12 months. Is asking for an extension of 6 months to establish common law a reason that is worthy in immigration eyes for an extension? Also, We live in a town house with his family, we haven't told the landlord that I'm staying here, so i dont know if I can get a write up from her proving that i've been here, however I have it on my passport that I've been here since November 15th (also the Boarder officer had called my fiance at the boarder to make sure that I was telling the truth, so I'm not sure if that might be noted somewhere) We have neighbors and family who would be willing to testify that i've been here for as long as i have. Also Ive had family visit me here, we have photos, as well as a write up with my ex husband that was signed by a notary before i left (Due to custody issue's) Not sure if Facebook printouts would work either, but I've had abit of a count down till I came out here with lots of comments from faimly and friends wishing me luck on my new life (as well as cards I have on me, from family wishing me the best with my new husband to be) Also I still have the print out of my plane ticket, which was bought for me by fiance and his Uncle. (his uncle paid with his credit card, but my fiance gave him cash) Perhaps a signed letter from his uncle would help as proof.

Also, another question. Would it have any repercussions if we did get approved for the extension, if my Fiance and I just got legally married say thsi summer and put in for spousal sponsorship? Might that look bad in the eyes of immigration, because we said we wanted to wait for common law, but changed our minds and just got married before the 6 months are up?


My apologies for this being a bit long. I would love any one's input on this. To be truthful I'm really very worried and intimidated by this entire processes and I really would hate to be separated from my fiance.

 

[Ponga]

I'm not sure that you can find better advice than what was already provided for you in your other thread:
http://www.canadavisa.com/canada-immigration-discussion-board/what-would-be-the-best-way-of-getting-an-extension-to-establish-common-law-t165658.0.html;msg2592755#msg2592755

You should contact the landlord ASAP and at least start a dialog about her knowledge of you living with your fiance. Having a notarized letter from her after you have been there for 12 months would be something that you should really work towards. Having letters from neighbors (sorry...neighbours), wouldn't have nearly as much credence with CIC. Having `it on your passport' that you've been here [in Canada], simply means just that...that you've been in Canada since November 15, 2013. This doesn't prove that you have been living in the same townhouse with your fiance.

For a common-law approval, you have to prove that you have been cohabitating for 12 months without interruption (this is mandatory), as well as prove that your relationship is genuine. THIS is where your FB, cards, letters, pictures, etc., come into play. You would still need the relationship proof for a spousal sponsorship, obviously.

If you choose to get married this summer, it shouldn't be seen as a negative move at all...and might make the whole process easier ( no longer needing to prove 12 months of living together) and will allow you to submit your application MUCH sooner. This, of course, is only suggested if getting married really is what's best for you and your fiance...not just because you want to `get through this ASAP'.

Good luck!

 

[Rob_TO]

You should contact the landlord ASAP and at least start a dialog about her knowledge of you living with your fiance. Having a notarized letter from her after you have been there for 12 months would be something that you should really work towards. Having letters from neighbors (sorry...neighbours), wouldn't have nearly as much credence with CIC.

Yes exactly. You need viable proof that you actually cohabited. Letter from friends/family are fine, but they don't actually prove anything.
Having both names on a lease/rental agreement is the best way, or even a certified testimonial from landlord. Other things you can do is to show mail to both of you going to same address (hopefully dated to near beginning of when you moved in), get a joint bank account, supplementary credit card, life insurance on each other, show sharing purchases for household items, etc etc.

Also in the month you reach 12 months, your fiance should change status with CRA immediately, from single to common-law. This is another good proof to include.

Of course as mentioned, marriage makes it easier. Just don't rush a wedding for the sake of immigration. Any wedding should be as "normal" as possible (with a real ceremony, friends/family invited, etc).

 

[kimosabe]

Is asking for an extension of 6 months to establish common law a reason that is worthy in immigration eyes for an extension?

Yes, this is a valid reason to extend your stay in Canada.

Also, We live in a town house with his family, we haven't told the landlord that I'm staying here, so i dont know if I can get a write up from her proving that i've been here, however I have it on my passport that I've been here since November 15th (also the Boarder officer had called my fiance at the boarder to make sure that I was telling the truth, so I'm not sure if that might be noted somewhere) We have neighbors and family who would be willing to testify that i've been here for as long as i have. Also Ive had family visit me here, we have photos, as well as a write up with my ex husband that was signed by a notary before i left (Due to custody issue's) Not sure if Facebook printouts would work either, but I've had abit of a count down till I came out here with lots of comments from faimly and friends wishing me luck on my new life (as well as cards I have on me, from family wishing me the best with my new husband to be) Also I still have the print out of my plane ticket, which was bought for me by fiance and his Uncle. (his uncle paid with his credit card, but my fiance gave him cash) Perhaps a signed letter from his uncle would help as proof.

The usual proofs are: joint lease agreement, joint bank accounts, notarized affidavits from relatives/close friends/colleagues/co-workers stating that you have been living together from such and such date, proof of your current status (ie. passport stamp, visitor record), etc.

Also, another question. Would it have any repercussions if we did get approved for the extension, if my Fiance and I just got legally married say thsi summer and put in for spousal sponsorship? Might that look bad in the eyes of immigration, because we said we wanted to wait for common law, but changed our minds and just got married before the 6 months are up?


My apologies for this being a bit long. I would love any one's input on this. To be truthful I'm really very worried and intimidated by this entire processes and I really would hate to be separated from my fiance.

Getting married should not have any negative impact.

Good luck.