Hi everyone,
My fiance is up here on a visitor visa. We have decided to start the immigration stuff early since he doesnt want to leave us to go back home until we start it (we had a baby girl 2 months ago). His visiting status is over in 3 months - when he drove up they never stamped his passport or anything.
How easy is it for a US citizen to have their stay extended? And during this time, can he as a US citizen stay while his application is processing? We still arent sure which route is the best way to go, inland or outland. If its outland and he has to do an interview the whole travelling thing to the US is going to be a pain to do (we are in the maritimes).
The first thing that jumps out at me is "Starting our immigration process this fall (2010)". That's fine if that's how you want to do it, but in doing so, you'd be setting yourselves up for a lot of hassle as far as your desire to keep him here in Canada with you in the interim. Why wait so long?
You said "fiance" -- are you getting married soon?
If you put together a well-done, fully documented and carefully prepared application, and you clearly qualify (the Canadian as sponsor, the American as a qualified and admissible partner), the chances of an interview are slim.
The chances of an interview might increase some if the application is based on common-law and there is no clear status supporting having cohabitated in a joint household -- that is, if you have had to piecemeal living in different countries into a full year. But if you document the circumstances of actually living together for a full year well, you should have no problem even if it did involve some border straddling lifestyle.
If you can marry before applying, and you have stayed together any appreciable time, and particularly where a child has been conceived in the relationship, I'd think an interview is totally unlikely -- though again assuming you do a thorough job of preparing the application and submitting documentation.
Americans do not need a stamp or other documentation showing their last entry into Canada in order to apply for an extension of status to visit. The American does need to know the precise date and POE however.
But perhaps more problematic in your situation is the lack of being in a qualified relationship yet -- unless you can get married prior to the expiration of his time in Canada, or if you fulfill the common-law year requirement and can submit a statutory declaration of common-law with the app to extend, there is a pretty significant chance he would be denied an extension. Depending on whether he has ever had any issues entering Canada, it may simply be more practical for him to go to the states for a bit and return . . . there is some risk and that, and the more often he does it the greater the risks become, but if he is not yet on their radar and if in approaching the POE he is careful as to what he says, this could be the better route in the short term, until you can at least submit documentation of being in a qualified relationship.
Florida to the Maritimes? are you crazy? All of us in the maritimes go to Florida whenever we can.
OK Serious now, I am British and hopped into the states to get another 6 months they did not stamp my passport, I just explained this in my application (in-land) and did state where I entered and when. They never questioned this at all. In fact it was a completely smooth process from start to finish and my app was not exactly normal.
Thanks for all the replies everyone!
The reason why Im waiting until the fall is because my long drawn out divorce isnt final. We have been seperated going on two and a half years now. My lawyer is hoping we will be in court in a couple of months for the final divorce hearing, but there is no gaurantee. So I'm preparing myself for worse case scenerio for if we have to mee the common law requirement.
Now, if my lawyer does get the ball rolling on the divorce to get the hearing done this spring, we will get married as soon as we can. But it takes 31 days after the final hearing to get the divorce certificate. And if it doesnt get into court until lets say May, June or July , I won't get the divorce certificate and cant remarry until June, July or August. And my fiance's 6 months will be up in June.
So Im assuming the best way to go is to apply for extension in May for him to stay? But would it get rejected since he has intent to immigrate here if I put the reason for him staying is waiting to meet common law or marry and file for his PR then? (also is there an income min. requirement to support him for this?)
And eurocrhis, I know.. crazy! We were originally going to have me immigrate to the US a couple of years ago, however there is no way my exhusband will let my two children I had with him move there. Which he is military and moves every 3-4years anyway
And after we looked at it a bit more... him staying up here will be a lot easier for us in the long run... between receiving Child Tax Benefit for 3 kids every month, Free health care, and grandma wanting to retire soon and watch the kids is great for us too
Thanks for all of your answers so far! I'm happy to see a group out there to help others out with the same things going on. I have a feeling I will have a lot of questions to come! My seperation brought me to having to pick up and move to the maritimes closer to my ex since the kids cant leave the province until he gets posted out with the military. And due to that I had to go on social assistance for 2 months to help me get on my feet and now I think I have a job under my belt that I have had 3 interviews and a test for and now all they have to do is call my references and I will know by Wednesday! :)
/End ramble.
I don't know if this helps, but I applied while I was still married to another woman (separated for 5 years) I was divorced mid way through my application. It made no difference. All they care about is that you and your spouse have lived together for 12 months or more.
As for income, there is no minimum for spousal applications, the only thing is you CAN NOT be on social assistance the day you file and during your application.
Hope this helps a little.
Thats the problem with common law,we have only lived together for 3 months now, it wont be a year until December. Thats why I am wondering if his visitor extension request would be denied in June, since the reason to stay would be to gain common law so then in December we can file for his PR. (unless we can get married before that)
So to meet common law I need to extend his visa since we have only lived together since december. When I put the reason, will it look bad if I write its so we can meet common law status, or to get married in the summer (if my divorce is granted by then) so I can sponsor him ?
I'd suggest putting in that you are planning to get married and are in the process of making preparations together, and he wants to continue visiting meanwhile. If you simply say he wants to stay, so he can qualify as common law, that might not look so good (wanting to stay so he qualifies for a permanent residence class doesn't really make him a genuine temporary resident - the real reason for extending his stay is to remain in Canada together). You'd be unlucky to be refused the extension, if it's the first time he's extended his stay, and you include proof he can support himself (or you can support him) without working illegally, e.g. proof of your income / savings. You could also pay the spousal sponsorship fee now (separately from the extension fee) and include that with the extension application, not as payment for that application, but as proof that you intend to file the sponsorship application later in the year once you are married or qualify as common law.
I can pay the sponsorship fee, even though we aren't married yet (since my divorce isnt final yet)?
Do I fill out the entire sponsorship app and send in the fee, just not the PR application, even tho not married?
Yes, you can pay the application fees - even though you aren't married yet - but you can't submit the PR application until you have an eligible relationship. You pay the fees either online or at a Canadian bank with a special receipt that you get from CIC and you send the receipt with the PR application when you submit it. That's how you can pay before you're ready to submit the ap.
Gotcha. Thanks for clarifying that. Is there a time limit that once you send in the money that you need to send in the actual sponsorship application?
Oh, another question. Is he allowed to stay in (if his extension is approved) to do inland application as an American? Or is inland only an option only for some? Id hate to see him have to go back home if his extension is approved, and then in the summer we get married and then its not done with by the time the extension expires
You can file inland, there are advantages and disadvantages to both in short they are:
INLAND:
For: Can get Open Work Permit once AIP is granted, If interview required will be in Canada - But could be long wait in certain areas.
Against: No Right of Appeal, could be problems entering Canada if you leave. Again. Long wait if interview required.
Outland:
FOR: Can come and go as you please, but you may have to demonstrate dual intent. Could be faster than Inland but some inland cases are faster than outland from what I have seen a good inland app is just as quick as outland. You have right if appeal
Against: If interview is required then you have to travel to country you applied in.
I don't know with US, but I am from a Visa free country (UK) and applied inland, it was smooth and trouble free.
Hope this helps...