AINP H1B in U.S., common law partner overseas - can we both apply for PNP AB?

[pedro1]

I went across many threads in this forum and could not find a straight answer to my question. Quick response from someone experienced will be greatly appreciated.

I want to apply for Alberta nomination, then to CiC for PR. I am H1B holder (main applicant), currently in U.S. and I wanted to include my fiancee (we are not married yet) on the application (first for nomination, then to CIC) as my dependent. The problem is, that she currently stays and works overseas, in Ireland.

She used to work with me in U.S., however it was not H1B, but first J-1 (18 months) and then H2B (2x 6 months). Then she left the country and currently works over there. As a proof of common law relationship (for immigration purposes), we have a an apartment lease contracts for these 2.5 (close to 3) years total of being here together (I believe they require minimum 1 year), so I can easily prove it. But my question is - can I include her on my application if she is not in the U.S. and she does not have either H1B or H4?

She visits me very often in U.S., as she have B1/B2, so she would be easily able to accompany me to Canada (there is a question like this on one of the CIC forms), when PR will be obtained. She has never overstayed her visas and she was never out of status in the U.S, so this is not a problem.

If I cannot include her on my application, what is the reason (can you provide any links where I can read about it, or call/e-mail for information?) and what options do I have?

Your prompt inputs, thoughts, suggestions, comments, advices would be greatly appreciated - I would like to mail my application within a few days. Thank you in advance.


pedro1

[pedro1]

I went across many threads in this forum and could not find a straight answer to my question. Quick response from someone experienced will be greatly appreciated.

I want to apply for Alberta nomination, then to CiC for PR. I am H1B holder (main applicant), currently in U.S. and I wanted to include my fiancee (we are not married yet) on the application (first for nomination, then to CIC) as my dependent. The problem is, that she currently stays and works overseas, in Ireland.

She used to work with me in U.S., however it was not H1B, but first J-1 (18 months) and then H2B (2x 6 months). Then she left the country and currently works over there. As a proof of common law relationship (for immigration purposes), we have a an apartment lease contracts for these 2.5 (close to 3) years total of being here together (I believe they require minimum 1 year), so I can easily prove it. But my question is - can I include her on my application if she is not in the U.S. and she does not have either H1B or H4?

She visits me very often in U.S., as she have B1/B2, so she would be easily able to accompany me to Canada (there is a question like this on one of the CIC forms), when PR will be obtained. She has never overstayed her visas and she was never out of status in the U.S, so this is not a problem.

If I cannot include her on my application, what is the reason (can you provide any links where I can read about it, or call/e-mail for information?) and what options do I have?

Your prompt inputs, thoughts, suggestions, comments, advices would be greatly appreciated - I would like to mail my application within a few days. Thank you in advance.


pedro1

Any experienced folks - will be appreciated your voice here. Thanks very much.

[Harry2500]

I applied based on the same ,you need a merrege certificate from your country and her passport that reflects your name in it

[Leon]

After a year together, you classify as a common law couple but after a certain time of living apart, you don't anymore.  You can still try it but a safer option would be to marry her.

[nix1]

I applied based on the same ,you need a merrege certificate from your country and her passport that reflects your name in it

He is NOT married to her, so they are not going to have a marriage certificate and her passport is not going to have his name (you mean his last name?). And having the same last name is not a mandatory as my wife uses her maiden name and we have no problem so far.

Pedro1, I have sent you an personal message (PM). Read it. Log in and look at the top right hand corner where it says "Inbox".

[pedro1]

I applied based on the same ,you need a merrege certificate from your country and her passport that reflects your name in it

He is NOT married to her, so they are not going to have a marriage certificate and her passport is not going to have his name (you mean his last name?). And having the same last name is not a mandatory as my wife uses her maiden name and we have no problem so far.

Pedro1, I have sent you an personal message (PM). Read it. Log in and look at the top right hand corner where it says "Inbox".

nix1, thanks very much, I appreciate it.

[pedro1]

Does anybody know, if there is any time frame, how long do we have to be apart, to be sure that we do not qualify to apply as common law partners? Can I find some informations about it somewhere?

We used to work in the same companies (two of them), for total of 3 years, used to live together for that time (have lease contacts and I can proff that we used to have a common bank acc for arond 1.5 years), are engaged for over 2 years and are common law partners for last over 10 years. The reason she is overseas now is, that her position/job title could not be matched well to her degree - which is a priority to obtain H1B - my current company was doing everything they could to apply for this category for her, however they did not find a way to match everything up, so she ended up having H2B for a year and then on the other side of the Atlantic, while my U.S. PR is pending... pending... pending... We are separated for over a year now.

As I said - we are not married yet, we just wanted to wait and do not do it like crazy, especially if the main purpose would be immigration to another country.

Any suggestions, ideas? Is there any place I can call and ask about this specific situation? Will be appreciated for any small advice that would help.


pedro1

[Leon]

You can look for information in the operational manuals on the immigration website but I think more than a year apart will probably disqualify you.

[pedro1]

You can look for information in the operational manuals on the immigration website but I think more than a year apart will probably disqualify you.

Thanks Leon.
So if this is the case, does marraiage change everything over here?
I do not think, that this situation would affect my AINP nomination process, however it might affect CIC process. What happens if we get married while my AINP is in progerss, but before submitting documentation to CIC? Of course I do understand, that I will have to notify AINP about it, but how do you see it then?

Thanks,


pedro1

[Leon]

If you get married, you have to add her to your file.  The sooner you do it, the less of a hassle it will be.