Rather unique situation, looking for advice.

[Angel Isis]

My fiancee and I had planned to get married in February. She's from and lives in Quebec, and I'm in the US. She receives financial aid for acute anxiety and does not work, which prevents her from sponsoring me. It would be advantageous for her if I were the one to immigrate, so she can retain benefits covering her medication and so forth, but is also in a very poisonous living situation at the moment and preferable to not have her stay there indefinitely.

I've heard horror stories about applying for PR while being inside Canada, but that would be the only way I would be able to work during the process, if my understanding is correct. Applying outside, I could continue to work here, but extended stays in the US seem to be growing more and more difficult to be granted (and most certainly would be impossible to cover the 8+ months for PR application), not to mention staying over 30 days would terminate her financial aid.

I'd looked into the US fiancee visa, but that application is operating under the assumption that she is seeking residency here, which would not be correct, not to mention seems to add complication to her even being able to visit at all.

If there are any suggestions for best course of action where we could stay together while I work to cover expenses, they would be most welcome.

 

[Leon]

If she is on disability, she could still sponsor you. If she is taking financial aid other than disability, probably not. You can see this here:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

You may not be eligible to be a sponsor if you:
•get government financial help for reasons other than being disabled,

In order for her to sponsor you, you'd have to get married first. She can either sponsor you outland which means you could still visit her in Canada but work in the US to cover bills or she can sponsor you inland which means you'd have to live in Canada but could not work until you get your first stage approval which takes around 10 months.

 

[Angel Isis]

Thank you for the quick response!

Sadly, her aid is not yet on disability status. It may be possible for her to obtain it, but would be an even bigger gamble (I won't get into the nightmare of her last visit to a psychiatrist).

 

[Xipheria]

I am the fiancée in question.

I'd like to ask if it would cause problem for my partner to keep me illegally in the US (over 6 months) while her PR application is being processed outland?
I'd prefer to stay there legally, but it doesn't seem possible... trying to obtain a green card seems like it would cost us important savings while having virtually no chance of being approved.

 

[scylla]

It's an extremely bad idea to stay in the US illegally. The US is unforgiving when it comes to overstays. If you overstay your visit by six months to one year, you are automatically given a three year ban from re-entering the US as soon as you leave. If your overstay is more than a year, the ban increases to 10 years (again, triggered as soon as you leave). Even if you overstay less than six months, this can greatly complicate future entries into the US and result in entry denials. If you were asking about Canada, then I would say there's quite a bit more wiggle room. The US is a completely different matter. Very bad idea to overstay.

 

[Xipheria]

Thank you for your concern.

I admit it doesn't sound great, and while Angel dislikes the idea, I see it as the best possible solution we have right now, which is why we created this topic... as it is far from ideal. Of course, if me being her spouse staying illegally in the US would screw up her PR application, this option would be thrown out of the window.

We are here to see which options we have available, and right now it seems like we are just being forced apart. I just hope there is some light in all this darkness.

 

[scylla]

Here's one thing to consider: If you are sponsoring a spouse / common law partner for PR and are currently living outside of Canada, then as part of the application you must provide proof that you will relocate to Canada once the PR application has been approved. Proof is typically things like: property ownership in Canada, job in Canada, assets in Canada, property rental in Canada, etc.

So one thing to consider if you're planning on submitting the application while living outside of Canada is what sort of hard proof you will be able to provide that you plan to return.

 

[Angel Isis]

I would -really- prefer to not keep her here illegally. I wasn't even considering the option, to be honest.

We had already considered having an apartment reserved at X date to show intent to return to Canada. We've been aware of the need to show intent to reside in Canada, and that seems to be the only only possible option. Owning land is out of our grasp, work isn't a valid option, etc. It seems tenuous, and I honestly expect it to be insufficient, but it's the only real option available. Ours is a difficult case, to be sure.

Staying with current living situations is really a last resort option, but if that is the only way, then... yeah.

And again, I really appreciate any and all insight and suggestion.

 

[scylla]

I've heard horror stories about applying for PR while being inside Canada, but that would be the only way I would be able to work during the process, if my understanding is correct.

To address this question - yes, applying inland will eventually allow you to work in Canada. Once the inland application has first stage approval - you qualify for an open work permit. First stage approval currently takes 11 months to complete after the applications has been submitted.

 

[on-hold]

If you overstay in America it will blight your life -- this is the worst possible route to take. You may be jailed and deported at immense cost to yourself; this happens even when it is obviously a good-faith mistake. Try googling the wife of a german coach in Vermont who made some trifling error and had her life destroyed. It is impossible to live in Canada and not interact in some way with the U.S. You might lose the ability to take connecting flights, to drive on convenient roads, etc.

This is the immigration equivalent of finding yourself hungry, next to a box of rat poison, and eating the rat poison while saying "Well, I'm hungry, and eating this rat poison seems to be the best immediate solution."

 

[Leon]

If you manage to get off welfare, you can apply to sponsor outland. As you are a citizen, it is not a requirement that you reside in Canada during the processing time and although citizens who live outside Canada must show intent to return, I do not think this would apply to you as you will apply while still living in Canada and then you will go "visit" your fiancé and you also have no status in the US so they can not consider you living exclusively outside Canada.

As a tourist, you can stay in the US for up to 6 months so you could start with that anyway. Before your 6 months are up, you can hop across the border, even together, and come back to the US and if you are lucky, get another 6 months.

Hopping the border is not exactly kosher but it has worked for many. Another option would be to sit tight in the US and apply for a visitor visa extension, see http://www.uscis.gov/visit-united-states/extend-your-stay

However, you still have to prepare for that your extension could be denied, same if you tried border hopping, you might not be allowed back in if they are worried that you might overstay.

 

[Angel Isis]

As a tourist, you can stay in the US for up to 6 months so you could start with that anyway. Before your 6 months are up, you can hop across the border, even together, and come back to the US and if you are lucky, get another 6 months.

That was something that I had seen others do in the past, but was growing concerned that even the initial six month stay could be rejected on entry, due to the changes in law and regulation that make it easier for retirees to stay longer and harder for everyone else. I dislike a gamble, but it only needs to work once to stay within the comfort zone.

If you manage to get off welfare, you can apply to sponsor outland. As you are a citizen, it is not a requirement that you reside in Canada during the processing time and although citizens who live outside Canada must show intent to return, I do not think this would apply to you as you will apply while still living in Canada and then you will go "visit" your fiancée and you also have no status in the US so they can not consider you living exclusively outside Canada.

Would that still be an option without gainful employment? I was sure that when sponsoring a spouse or family member, the sponsor must have (and be able to prove) the ability to cover all financial costs and obligations. If not, then that may very well be our answer.

 

[Leon]

That was something that I had seen others do in the past, but was growing concerned that even the initial six month stay could be rejected on entry, due to the changes in law and regulation that make it easier for retirees to stay longer and harder for everyone else. I dislike a gamble, but it only needs to work once to stay within the comfort zone.

Would that still be an option without gainful employment? I was sure that when sponsoring a spouse or family member, the sponsor must have (and be able to prove) the ability to cover all financial costs and obligations. If not, then that may very well be our answer.

Coming to visit as a tourist can be hairy if immigration on the other side thinks you might overstay. People who wanted to visit a girlfriend/boyfriend are sometimes turned away if they don't seem to have any plans to return and don't have a job to go back to. I think it may be best if you cross together.

A job / income is not needed in order to sponsor a spouse but the person can not be on welfare. Immigration does however want to know that you will not both end up on welfare in Canada so you write a cover letter about your finances stating that the sponsor is a homemaker but the sponsored spouse is the breadwinner. Show work history, bank letter, 3 last pay slips etc. and that should be covered. If you can show that you are working in the US, they would have no reason to think that you would not work in Canada.

 

[Angel Isis]

That's fantastic, then! Most certainly our answer. That much I can certainly cover, and do have every intention of working in Canada within my field.

Thank you so much!

 

[Xipheria]

There may yet be hope!

Border hopping would sound like the preferable solution to allow me staying legally in the US...
Since I don't have assets or a job, being on financial aid, we consider showing proof of my partner's PR application in Canada along with proof of our marriage, to help prove that ―I― would wish to go back to Canada living with her as her spouse.

Would this be a good or a bad idea?

It seems hard to get in the mind of a customs officer, so I'm afraid a US officier would see it bad that one of their citizens is trying to move in another country.

Thank you so much for the answers so far, it means a lot to us.