Who should be listed on the IMM 5406?

[Techylady44]

From what I read on the Immigration site, they say that all visitor visas granted now, are multi....not single trip. Is that not the case?
She'll be heartbroken if she has to cancel her trip.

 

[Ponga]

From what I read on the Immigration site, they say that all visitor visas granted now, are multi....not single trip. Is that not the case?
She'll be heartbroken if she has to cancel her trip.

You will both be heartbroken (eventually) if you continue the plan to apply as conjugal.

Better to sort this out now, before she leaves!

 

[canuck_in_uk]

I was only divorced last month, as with Manitoba Law, a legal separation of 1 year is mandatory.

She couldn't leave her job until the term ended in November.

As said above, you can become common-law with your current partner while still married to someone else.

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

You should not apply as a conjugal partner if:

you could have lived together but chose not to, as this shows that you did not have the level of commitment needed for a conjugal relationship (for example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together),

 

[Techylady44]

I'm so disheartened.

What do you all recommend we do?

I can't bear the thought of her leaving and not being allowed to return.

 

[QuebecOkie]

Again, I'm assuming she's American. US citizens are visa-exempt, so she's not getting a visa at all. There are no multi-entry or single-entry visas for Americans. They are permitted to visit without a visa, and they can extend their visitor permit (which is what you've applied to do), but as I mentioned it is nullified when she leaves Canada. I know it's confusing, as CIC uses the term "visitor visa," but it's not actually a visa.

Others have mentioned a visitor record for Americans. I don't really know anything about that.

As for what to do, either continue living together until you qualify as common-law (and a three-week trip during that time is pretty risky), OR get married and apply as married. Those are really the only options.

 

[Ponga]

First...try to relax. This too shall pass.

This forum has been a lifesaver for me and now you get to reap the benefits as well.

You really have to sit down and discuss your relationship with your partner. Start by abandoning the idea of a conjugal application.

 

[Techylady44]

Ponga...you sound like a friend of mine "this too shall pass".
You wouldn't happen to live in Ottawa would you?

I guess we have quite a discussion to have this weekend.
Good thing we haven't sent in that application package yet.

 

[Techylady44]

So, conjugal is NOT recommended.
Is the paperwork for married spouse the same as conjugal?

If we get married, and fill out an application....how long would it be before she'd be able to go to the US for a visit?
I know she's longing to see the US again, and her friends and family.

 

[Ponga]

Ponga...you sound like a friend of mine "this too shall pass".
You wouldn't happen to live in Ottawa would you?

I guess we have quite a discussion to have this weekend.
Good thing we haven't sent in that application package yet.

No, I'm in BC, but I'm happy to be your `immigration' friend too!

Yes! Be grateful that you did not send the application!!!

 

[canuck_in_uk]

Your easiest option is to get married. You've been living together for about 6 months and I'm assuming your relationship is at least a few months older than that. For a Canadian-American relationship, a marriage would not look out of place.

The application package is the same.

With an outland application, she can go visit the US whenever she wants.

 

[Techylady44]

Wait....so, if she agrees to get married right away (2 days for a marriage licence to marinate).... she can file the outbound and travel immediately back and forth from Canada to the US?
She could still make her trip to the US, in a couple weeks, and file her paperwork? She said the FBI checks are pretty fast. She's had lots done for work (she's a social worker).


Yes...we met online, and have dated since April last year.

 

[Ponga]

So, conjugal is NOT recommended.
Is the paperwork for married spouse the same as conjugal?

If we get married, and fill out an application....how long would it be before she'd be able to go to the US for a visit?
I know she's longing to see the US again, and her friends and family.

Abandon the conjugal option!

If she wants to be able to come and go, you should file an Outland application after you are married. It's a bit confusing, but she can still be in Canada while the application is being processed, provided that CBSA doesn't give her any problems, BUT...she will need to maintain her visitor status throughout the process.

There are some differences in the applications (I believe), but you'll need to look into that further.

If you apply Outland (much faster than Inland) there is a difference in the forms/application package.

 

[Techylady44]

But the FBI checks.....
According to their site, sending to Canada can take 4 months or longer. I'd love to be able to tell her she can still go to the US for her visit in June, if she'd be allowed to travel back to Canada afterwards.

 

[Ponga]

Wait....so, if she agrees to get married right away (2 days for a marriage licence to marinate).... she can file the outbound and travel immediately back and forth from Canada to the US?
She could still make her trip to the US, in a couple weeks, and file her paperwork? She said the FBI checks are pretty fast. She's had lots done for work (she's a social worker).


Yes...we met online, and have dated since April last year.

Yes (in theory).

Getting married before she leaves Canada would be step one.

You/she can submit the application while she is in the US. You must submit both parts of the application (Sponsor's portion and Applicant's portion) at the same time, in the same envelope or parcel. You will also need to include all of your evidence of your marriage/relationship in that same envelope/parcel.

 

[Techylady44]

Easily done!

All I would need is opportunity to sit at a computer long enough to type the papers....and print them off.

You guys and gals here, are my new best friends!

Don't be at all surprised if you get tired of me before I'm done submitting our paperwork!!