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Visa for a cheating wife

noway

Newbie
Jun 10, 2011
1
0
My wife and I are US citizens. She moved to Canada to be with another man. She only went across the border with a US birth certificate (and a car full of possessions.) I understand that she can only stay in Canada for six months as a visitor. I have a couple of questions. 1. What if she stays past the six months? - Could she be deported? 2. If she overstays and is deported, could she reenter? 3. We are still married, so what are her immigration options? (She has no money of her own.)
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
She can apply for extension while in Canada and if granted and she's able to stay with the other man for at least a year, the other man can sponsor her for permanent residency under common law.

noway said:
My wife and I are US citizens. She moved to Canada to be with another man. She only went across the border with a US birth certificate (and a car full of possessions.) I understand that she can only stay in Canada for six months as a visitor. I have a couple of questions. 1. What if she stays past the six months? - Could she be deported? 2. If she overstays and is deported, could she reenter? 3. We are still married, so what are her immigration options? (She has no money of her own.)
 

Scanner

Star Member
Apr 6, 2011
90
4
A question plz. But how can the other guy can sponsor her as common law, if she is married to some1 else in other country.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
They can't get married but if they have lived together for at least a year then they are considered common law. As to how CIC will perceive the relationship would be a different matter though.

Scanner said:
A question plz. But how can the other guy can sponsor her as common law, if she is married to some1 else in other country.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
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As long as she no longer wants to live with you and moves out, you are in effect separated. Immigration will accept a married person who has separated going into a new relationship and becoming a common law partner of a new spouse. Therefore, as others have said, if she lives with the man for 12 months, either by extending her visitor status or by leaving Canada after 6 months and then re-entering, he could sponsor her as his common law wife. Other options she has include finding a job and getting a work permit.

In any case, she is gone. Do you really want her back after what she did? Forget her.