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Questions about course of action after visitor's extension denied

Jowns

Newbie
Oct 2, 2013
3
0
Hello all-

**If this is the wrong section to post this, then I sincerely apologize.**

I am an American citizen with a Canadian girlfriend in QC. I have been staying here in MTL for months and we have every intention of applying for status as a couple (Common Law) as soon as possible. At the end of December we will have lived under the same roof for one year and will send our application. I came in on a tourist visa (although I suppose that technically isn't the case since the US is visa exempt) at the end of December 2012 and when the time came for my stay to be over I sent a request (prior to my time expiring) for extension to Alberta. I just received a denial for my request and have been told that I have to, "...leave Canada immediately."

This is obviously really upsetting to both of us and so we are trying to figure out the best course of action to take. Thus, my questions to you all:

(1) If we cross into the US in a car/on a bus with the intention of coming back in and getting another six months (like pretty much everyone we have talked to suggests) is there a suggested amount of time that we stay in the US before returning or can we just go in, spend the night and come back the next day?

(2) If we do decide to go this route, is it okay if we go and come back together, or does it raise red flags that will make it more likely for me to be denied entry when returning to Canada? I ask this because she says that when you cross in a car they ask how you know the person whose car you are riding in.

(3) Is crossing and coming back even a remotely viable option or will I be flat out denied entry (since I have been told to leave)?

(4) Finally, since we are planning to apply for a Civil Union am I able to be out of the country before we have lived together continuously for one year, or do I have to be here with her the full year then put in the application and then be able to come and go without having it affect our request?

I thank you all for any help you can give (and my GF does too). You all do great work and have helped us immensely with many steps along the way.
 

O_guy

Hero Member
Aug 11, 2013
720
12
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Jowns, can you tell us why your extension was denied? Did you tell them about your Canadian girlfriend and your plan to become common-law with her?

To answer your question, I think you should consult with an immigration attorney. Most people on this forum are either from out of North America or have family, relatives, spouses, etc from out of North America. Since you are American citizen, your situation is not common on this forum. And considering how important it is to you to get this common-law status, you should talk to immigration lawyer.
 

Jowns

Newbie
Oct 2, 2013
3
0
No, I didn't tell them about my intent to become common law partners with my GF. As far as they are concerned I am here visiting as a tourist. The letter they sent me is not super clear on the "why," but it seems like I was rejected because I failed to meet their criteria for:

Reason for requested extension, Ties to country of permanent residence, Financial means for extended stay, and probability to leave Canada at end of extended stay. Basically, I am apparently a delinquent in their eyes. hahaha

Hope that helps. Thanks for your quick reply!