My GF is A Green Card Holder Can I make her a Canadian Permanent Resident?

[greenalien]

Hi
I have this question I would appreciate the help or advice.
I have a GF from Colombia, before I met she is married to a US citizenship man. She got her Green Card but she doesn't stay in US for much. She got a permission to stay outside US till 2015 because of her work.
Now that we are in love, we wanna be together, we are thinking in living in Canada. What the best way to do this.
I am a Canadian Citizenship.

 

[Rob_TO]

Basically you'll need to either get married or become common-law by living together for 12 consecutive months, and then you can sponsor her to become a permanent resident.

 

[truesmile]

Not to miss anything, she should start by getting a "divorce" for her previous marriage first.

 

[greenalien]

While getting a divorce can she stay in Canada?
Because while she is holding a green card she can come and visit anytime.
I don't want to wait till she divorce and then me applying a for PR and probably will 12 months for a response.
And thanks for the responses guys.

 

[canadianwoman]

She can visit with a green card. If they let her in, she can live with you. She can apply to extend her stay. Once you have lived together for 12 months you can apply to sponsor her as your common-law partner. She does not have to be divorced by then, but she must have proof her marriage had ended before you two started living together. You can apply to sponsor her right away once you marry her. Which way would be faster would depend on how quickly she can get divorced.

 

[greenalien]

So once she visit here CANADA, she is staying with me.
Now after the 12 months I can sponsor her. Even if she still married?
Now if she divorces previous marriage she will her green card while she is in canada?

 

[canadianwoman]

You can sponsor her as your common-law partner once you have lived together for 12 months, even if she has not yet gotten divorced. But she will need proof the marriage has ended.
(Not sure about the green card.)

 

[greenalien]

What kind of proof?
Like a letter from husband saying that don't consummate the marriage since 2 years ago or so...
I don't want her to lose her green card and canada not granting her a PR as well.
Thank you canadianwoman : )

 

[canadianwoman]

Did they have a separation agreement? Has either one started the paperwork for a divorce? Any official document where it is stated that the marriage has broken down will be OK. Once you two start living together, this will also be proof that her marriage is over - so once you do start living together, do everything possible to get evidence that the two of you are cohabiting. Ideally you would have a lease agreement with both of your names for a full 12 months, utility bills with both names for 12 months, a joint bank account, joint credit cards, her listed as your beneficiary on insurance documents, etc.

If she can get such a letter from her husband, that would help, but if not, starting the divorce process and then proof you two have been living together should be enough to show the marriage is over.

 

[greenalien]

The first months we are staying in a family house. Mom and brothers.
So the bills are on the name of mom.
bank and credit card can she be joint while she is a US resident?
On her first visit how long can she stay with a green card?
How many months can extend her visit for?
Thank you in advance...

 

[canadianwoman]

Some forum members have reported that they were able to get a joint bank account with a foreigner. If one says no, try another.
To sponsor her as your common-law partner, you have to prove you have lived together for 12 months. So if the first few months are not provable, it would be better to delay the application until you have 12 months of solid evidence. Some people have been accepted with shaky proof of the first few months - for example, you could get affidavits from your mother and brothers stating you two were living together. This has been enough for some people, but I would get a joint lease or at least her name on a roommate agreement and wait for 12 months from then, just to be safe.

 

[greenalien]

Last questions...
On her first visit how long can she stay with a green card?
How many months can extend her visit for?
Thank you in advance...

 

[canadianwoman]

Last questions...
On her first visit how long can she stay with a green card?
How many months can extend her visit for?
Thank you in advance...

I think with a green card she will be allowed as much time as an American citizen - that is, 6 months unless the border agent gives less time. She can apply to extend the time about one month before the time expires. Some people have been in Canada for a couple of years by continuing to apply for extensions.

 

[hoping75]

With a green card she can legally stay out of the US for 6 months in a years time. That is the condition of a green card holder,you must not be outside of the US for more than 6 months in a year. Any longer than that outside of the US she could lose her card when she tries to reenter . The US considers that once a person is staying outside of the US for more than 6 months in the year, they are no longer considered permanent.
So staying out for 12 months straight is a chance that she will be taking on whether she could have her green card revoked. I know some people go back into the US and back to Canada right away, but as I said it is taking a gamble.
Goodluck