U.S./Canadian relationship

[xoxokirsten]

I have decided to go with our common-law sponsorship application but I am still unsure about a few things and could use some more advice.

I am American and he is Canadian. I cross frequently for school in US, for about six hours Monday-Thursday, then the rest of my time is spent in Canada with my partner. We can prove common-law but I am concerned with the border when I cross after we send in our application. I have no problems crossing at the moment.

• When we send in our application and it is being processed, will the border see it is common-law (or ask whether it's spousal or common-law) when I cross?
• Because it is illegal for me to "live" in Canada, just allowed to visit, how do I even go about telling them we applied the common-law route? That would mean I have been living illegally in Canada for the last year and I'm sure that will raise some questions at the border, or even deny me access even though we have the application in process.

 

[Ponga]

I completely understand that this process must seem overwhelming right now, but...asking the same question in multiple threads won't help you.

Did you not like the responses that you've already received in your other thread?

 

[Sheps]

To "live" in Canada is a very loose term. You could technically live in any country as a Visitor, it is just the length that you live there...

The problem is when CBSA hears "live", they will automatically assume you are going to work illegally/etc, because their definition of live is establish a permanent residence.
CIC's definition of "living with you partner" is "cohabitation for a period of 1 year or more", could be as a visitor, could be as a student, could be as a worker, or could be illegally (I wouldn't recommend the last one).

Keep your status in Canada valid (Visitor) and you should be fine.

 

[xoxokirsten]

Did you not like the responses that you've already received in your other thread?

No, it helped but I never asked:

"Because it is illegal for me to "live" in Canada, just allowed to visit, how do I even go about telling them we applied the common-law route? That would mean I have been living illegally in Canada for the last year and I'm sure that will raise some questions at the border, or even deny me access even though we have the application in process."

I was just curious if someone could help me with that or had experience. I just wasn't sure if I should post a new thread or just ask in my old.

Keep your status in Canada valid (Visitor) and you should be fine.

Thank you for this! So as long as I say visiting every time I cross while the application is being processed, I should be alright?

 

[Amalthea]

No, it helped but I never asked:

"Because it is illegal for me to "live" in Canada, just allowed to visit, how do I even go about telling them we applied the common-law route? That would mean I have been living illegally in Canada for the last year and I'm sure that will raise some questions at the border, or even deny me access even though we have the application in process."

I was just curious if someone could help me with that or had experience. I just wasn't sure if I should post a new thread or just ask in my old.



Thank you for this! So as long as I say visiting every time I cross while the application is being processed, I should be alright?

It is up to the discretion of the officer. It's hard to say. You never want to say moving, only visiting. You want to show that you still have ties to the US. They will ask where you work, etc. In your case, this was your schooling! Mine asked if I had ever stayed in Canada more than 6 mos. This doesn't apply to you - you were renewing your 6mo visitor visa everytime you left and re-entered Canada. I had a lot of my stuff with me, but it was all in the trunk, so he couldn't see it. Just pack light and act like you're visiting. There are tons of threads full of lots of great advice about this.

People often have an easier time crossing after they have Sponsorship Approval, I'm assuming because it shows the border guard you are intent about immigrating legally and not working illegally.

 

[Ponga]

No, it helped but I never asked:

"Because it is illegal for me to "live" in Canada, just allowed to visit, how do I even go about telling them we applied the common-law route? That would mean I have been living illegally in Canada for the last year and I'm sure that will raise some questions at the border, or even deny me access even though we have the application in process."

Sorry, but I thought that you did:

Thank you so much for your response!

But I guess a problem I'm having is that I go to college in the United States so I have to cross four days a week back into the U.S. for a few hours then cross back into Canada (I also visit my mom during that time.) I've been staying here in Canada the rest of the time, staying the night and staying all weekend. I'm on the lease, have all the documents and we can prove common law. I've been doing this for a year and and a half and they never stamp my passport, they ask how long I'm visiting and I tell them how long and that's that.

Should we still apply? Can the officers see we applied the common law route?

I'm nervous that if we apply and the border sees that we applied common law when I cross they can pull my application and stop me from ever seeing him again. Like you said, I have to prove to CIC that we've been living together, yet I can't tell CBSA that we're living together. It's completely twisted and has been nothing but a headache.

 

[xoxokirsten]

It is up to the discretion of the officer. It's hard to say. You never want to say moving, only visiting. You want to show that you still have ties to the US. They will ask where you work, etc. In your case, this was your schooling! Mine asked if I had ever stayed in Canada more than 6 mos. This doesn't apply to you - you were renewing your 6mo visitor visa everytime you left and re-entered Canada. I had a lot of my stuff with me, but it was all in the trunk, so he couldn't see it. Just pack light and act like you're visiting. There are tons of threads full of lots of great advice about this.

People often have an easier time crossing after they have Sponsorship Approval, I'm assuming because it shows the border guard you are intent about immigrating legally and not working illegally.

Thank you! This is really helpful!
I'm still enrolled in school so I have my schedule printed off and my summer schedule printed off as well along with some recent mail with my name and address to my home in the states.

 

[Sheps]

That will definitely help.

There are a couple of approaches to take honestly:

1. Be a little bit deceptive and just tell them you are "visiting" your boyfriend. Technically not accurate but technically not inaccurate either.
2. Be honest and upfront, tell them "I understand that I can only stay in Canada as a Visitor, I haven't worked in Canada and I am not going to school there either. I am fully complying with all regulations and I just want to see my husband while our common-law application is being processed.

I would go with #1, but leave it open to proceed to #2 if you encounter problems. Honestly, if you are honest with them, they rarely have a problem with you. I do know once you have the application filed, you can have a much easier time. The fact that you are still going to school will definitely help you no matter what happens, but honestly, it sounds like you are panicking over a very minor thing that doesn't really affect you as of yet.

For common-law with CIC, you meet the definition (supposedly) and as long as you have a valid status for every visit to the United States, then you should have no problems with CIC.

 

[xoxokirsten]

The fact that you are still going to school will definitely help you no matter what happens, but honestly, it sounds like you are panicking over a very minor thing that doesn't really affect you as of yet.

My partner told me the same thing :-X I get very panicky.
Thank you for your help though! I should just stay calm and stay truthful with them.