US to Canada to stay with girlfriend.. need advice on common law partnership

[textocan]

Hello everyone: my situation is as follows.. ill try to keep it short.

I live in the US and my girlfriend is in Canada. I met her online and have known her for 2 years and went to Canada for 2 weeks on vacation and now intend on going back to live with her to develop a common law partnership.

My questions are as follows:

Where can i get started to send the info needed to have a temporary visitor permit before i enter canada? I know i cannot work there, so her parents will be sponsoring me and i have an
'affidavit regarding financial support' written and signed by all of them to send in, but i need to know what form/fees so i can have everything ready that will be sent back to me when i
cross the border to be admissible. I have talked with a few people who have done this in the past, but i am still confused on everything i need to gather and send. Also the people i
have talked to did this while they were already in Canada, and i want to know if i can do it while still in the states.

Also, if i did want to work there to support myself while this was taking place while i was there, what would i need to do in addition to the above?

On a side note, my girlfriend did come to the states to stay with me for 5 months, and returned home for a month, but was not allowed back regardless of having a return flight ticket so
that is mainly why this is my only option right now. From what i researched, the only way for her to become a US citizen is basically for us to become married within 90 days and she will
be granted temporary citizenship until all of the other requirements were fulfilled.

Im sorry if this jumps all over the place, but im just looking for some basic information so i can start researching what needs to be done. Please feel free to ask any questions so that
they can be answered and i will be sure to answer them.
I wish you all luck in your life, dreams, and goals to move to Canada for whatever reason you desire. I know its a long process, but im sure with everyones help here we can all make it
an easier process!

 

[scylla]

You cannot live in Canada at this time. All you can do is visit temporarily.

You can visit on your passport alone - you don't need a TRV (temporary resident visa) and should not be applying for one (if you try - it will most likely be refused and you'll be told you can travel on your passport alone). As I'm sure you're aware, there is no guarantee you will be allowed into Canada (even if you had a TRV - there would still be no guarantee). If it looks like you are trying to come to live in Canada, you could be refused entry. When you arrive at the border, you should make sure you look like a tourist (don't pack too many bags, don't bring anything with you that a tourist wouldn't bring) - and you should also make sure you are carrying evidence of your ties to the US in case you are asked (e.g. proof of employment or school enrolment, proof of property ownership / rental, utility bills, etc.). You should also make sure you can demonstrate that you yourself have sufficient funds to pay for your visit to Canada.

If you want to work in Canada, you will first need to find an employer who is willing to offer you a full time job. That employer will then need to obtain something called an approved LMIA (permission to hire you). In order to obtain an LMIA, the employer will first have to advertise the job for a month to prove no Canadian could be found for the role. The employer will then have to submit the LMIA application for processing along with a $1,000 fee. Processing of the LMIA application can take 4 or more months. If the LMIA is approved - you can then apply for a work permit. Unfortunately you're going to find that the vast majority of employers are willing to go through the process and therefore won't be interested in offering you a job.

As for your girlfriend moving to the US - no, she does not qualify for US citizenship - even if you get married. She needs to obtain a green card first and then live in the US for a number of years before she can apply for US citizenship. I would recommend you join a US immigration forum to find answers to your US-related questions.

 

[textocan]

Thank you for the reply.

Let me clarify a little: My intent is to come to Canada as a visitor, and in that time i wish to apply for an extension to my visit to make the 1 year requirement for common law marriage, while being sponsored by her and her family as well (they live in separate houses on the same property) I know there are a lot of guidelines and proof of co-habitation together that need to be followed before you can apply for it to be official. Is there a link somewhere that you can point me to that would show me exactly what requirements are needed for common law?

Also i have heard there is also a conjugal partner category, but i am not sure if that is something i could persue or am eligible for. I have read that it is only for use if it is impossible to be together or get married? I am currently employed in the US, but i would have to quit my job here to be sponsored and stay in Canada to complete the 1 year requirement for common law. Again, any clarification would be appreciated!

 

[Rob_TO]

My intent is to come to Canada as a visitor, and in that time i wish to apply for an extension to my visit to make the 1 year requirement for common law marriage,

That's fine, just make sure when coming into Canada you act like a visitor. So have a return ticket, luggage typical of a visitor, and show you're prepared to leave within 6 months (although then requesting an extension once in Canada is fine).

while being sponsored by her and her family as well

Her family is not "sponsoring" you. Her family can only provide financial support.
When the time comes to submit the PR app, only your partner will be sponsoring you.

I know there are a lot of guidelines and proof of co-habitation together that need to be followed before you can apply for it to be official. Is there a link somewhere that you can point me to that would show me exactly what requirements are needed for common law?

There are some here. http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.35. What is cohabitation?
The following is a list of indicators about the nature of the household that constitute evidence
that a couple in a conjugal relationship is cohabiting:
 Joint bank accounts and/or credit cards;
 Joint ownership of residential property;
 Joint residential leases;
 Joint rental receipts;
 Joint utilities accounts (electricity, gas, telephone);
 Joint management of household expenditures;
 Evidence of joint purchases, especially for household items;
 Correspondence addressed to either or both parties at the same address;
 Important documents of both parties show the same address, e.g., identification documents,
driver’s licenses, insurance polices, etc.;
 Shared responsibility for household management, household chores, etc.;
 Evidence of children of one or both partners residing with the couple;
 Telephone calls.
These elements may be present in varying degrees and not all are necessary to prove
cohabitation. This list is not exhaustive; other evidence may be taken into consideration

Every case is a bit different in terms of what proofs are submitted. Even if living with her family, try to get an official lease/rental agreement.

Also i have heard there is also a conjugal partner category, but i am not sure if that is something i could persue or am eligible for.

You don't qualify under conjugal, since there are no immigration or legal barriers to you becoming common-law or getting married. Conjugal only applies to people where this is physically impossible to do.