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Author Topic: American mother of Canadian children, how to stay in canada legally  (Read 881 times)
Missie
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Posts: 1
Ratings: +0

« on: November 05, 2009, 08:35:58 pm »

I am a American Citizen. Living in Canada. I have a Canadian fiancee, two canadian children.  I was on a study permit, that is now over. I am no longer in school. I have no skilled trade to be able to stay here on a work permit. My fiancee does not fit the requirments to sponsor me to stay here.
What else can I do? I cannot leave Canada for a long period of time because of my two canadian children.
How can i become a citziten or permant resided or SOMETHING to allow me to continue to live here In Canada legally and be able to have heath care.
I have no clue what i can do
Please help
Marian Taylor
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Suin
Champion Member
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Posts: 2287
Ratings: +33

« Reply #1 on: November 07, 2009, 01:47:57 pm »

hello,
in this case maybe it's better to consider taking kids with you back into the US? I don't see a better way out of this situation. As staying illegal in Canada cannot be a good decision. You need to find a job, or apply for a course of studies to extend your visa. Otherwise you have to go back.
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it's just my own opinion influenced by my own experience.
Leon
VIP Member
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Posts: 12869
Ratings: +530

« Reply #2 on: November 08, 2009, 01:39:05 am »

If your fiance can not sponsor you, can you sponsor him to the US?  Your children also have US citizenship through you.

If it has to be in Canada, you can try to stay with a work permit, even if you don't have a skilled trade.  The criteria is that the job was advertised and no Canadians or PR's applied.  What kind of work experience do you have?  Even if you get a work permit to work at Tim Hortons which is a low skill, if you manage to get promoted to shift manager, you would qualify as a skilled and could eventually apply for permanent residency under Canadian experience class.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
Karlshammar
Champion Member
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Posts: 1558
Ratings: +95

« Reply #3 on: November 14, 2009, 04:56:52 pm »

Why is your fiance not able to sponsor you? Is he on welfare?
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Maaties
VIP Member
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Posts: 3679
Ratings: +248
Category........: FSW1
Visa Office......: Buffalo
NOC Code......: 4131
Pre-Assessed..: Yes
App. Filed.......: Dec 2008 to CIO
Doc's Request.: Jan 2009
AOR Received.: Feb 2009 from VO
IELTS Request: Didn't do IELTS.
File Transfer...: Not transfered to regional office.
Med's Request: July 2010 with RPRF and another PCC.
Med's Done....: Meds - September 2010. PCC - Late Oct 2010
Interview........: Waived
Passport Req..: Early November 2010
VISA ISSUED...: December 2010 - Exactly days shy of 2 years since I sent in my application to CIO.
LANDED..........: 2011

« Reply #4 on: November 14, 2009, 05:04:53 pm »

how far are you from the US border. What if you go back to US and come back in every 6 months.

Will that work or can that work?
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I am not an expert at Canadian Immigration.
Please don't expect me to answer if your post title has urgent in it and it is not really urgent. Urgent is 911 or you have a definite deadline tomorrow, not that you would like to send in the application soon
nyssa
Hero Member
*****

Posts: 971
Ratings: +41
Category........: FAM
Visa Office......: Buffalo, USA
App. Filed.......: 30-07-2010
AOR Received.: 22-09-10
Med's Done....: 09-01-2010
Interview........: WAIVED
Passport Req..: 06-10-2010
VISA ISSUED...: 06-11-2010
LANDED..........: 06-01-2011

« Reply #5 on: November 27, 2009, 03:19:30 am »

Dear Missie,

Do not assume that your children are US Citizens automatically, it is still a process. I'm sure you already know this, but I just have to point it out! My husband got into this mess when he was 10, as well as his brothers. Might I ask why your fiancee cannot sponsor you? You may fit into the common law category from what it seems unless like Karlshammar said, he is on welfare or such (if you've read the guide).
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Stay optimistic! True love will always prevail.

Married: 24-10-2009
Medical: 09-01-2010
Application Sent: 30-07-10
Application Received: 03-08-10
Sponsorship Approval: 01-09-10
In Process: 14-09-10
AOR: 22-09-10
PPR: 06-10-10
Landing: 06-01-11
Leon
VIP Member
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Posts: 12869
Ratings: +530

« Reply #6 on: November 27, 2009, 03:27:35 am »

If she was a US citizen at the time the children were born, they would most likely qualify for US citizenship too so they will be dual.  It's best to take care of that asap to have it done with.  Go to http://www.consular.canada.usembassy.gov/birth_abroad.asp for information on how to register them in the US.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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