Just starting out!

[lumpydog1970]

Hi;

I just joined this site and it looks like there is plently of information here.  My boyfriend and I have been together since June of 06.  I am Canadian, he is American.  I went there for 8 months and he has been here for 6 months.  He is getting ready to leave back for the States this Monday.  He is planning on comming back after visiting his family for a few months.  When he does get back, we are finally going to start the process of his pr.
My question is:
Is it a good idea for us to go through an immigration lawyer?
and
How can two people live together for a year straight to be considered common law, if neither of you are allowed to stay in each other's countries for no more than 6 month's at a time?
Thanks in advance;

[tamee]

you dont need a lawyer, just a lot of paper work and if you are comfortable with filling it out your self then no need for a lawyer, this forum has a lot of information and good advice so just come here and do a search, or ask a question and it will get answered,as far as being able to live together a year weithout being able to live in each others country more than 6 months im not too sure about, i did mine after we were married.but i would think when he crosses the border if he can get his passport stamped then when its nearing the end of the 6 months apply for an extension. someone else might be able to elaborate more on that but i know if you already have an application in process and you have paid the fees you can do that, but since you havent then im not 100% sure.you said you were there for 8 months and he was here for 6, were you living togehter those 14 months?wether it was here or there, if you were then you are considered common-law after 12 months of living togehter, without any gaps of course.

[lumpydog1970]

Hi;

Thank you very much for answering me.  Yes we have been living together for those 14 months minus a few weeks of travelling time apart (me comming back to Canada and him tying up loose ends and then comming here).  He does not have his passport so I am gathering that he will have to get that when he goes back tomorrow?  Is that needed for the immigration process?  I have mine only because I got stuck in the US without one and needed it to fly back because they would not let me fly without it and I originally drove down there. But, my van literally blew up when I was down there so I had to scramble to get a passport so my children and I could fly back. 

[ThirstyDeer]

I am not sure if a passport is required, but I'd HIGHLY recommend getting it regardless.  It serves as a great form of ID and status in the country that the passport was issued.

[tamee]

yes he will need a passport or they wont process his PR

[JEC]

Hey Lumpydog
I'm just going through all this now and have been reading about this stuff for about a year and it's still really confusing.  So go to the CIC website and just start clicking and reading.  My gf had to apply for the extended visitor's visa and they extend it for about 6months at a time.  Having a passport will definately help with all paper work.  It doesn't necessarily have to get stamped, my gf's didn't.  They just asked when we crossed and what we used.  However I will warn you about this.  They will ask alot of questions when he goes to cross the boarder to come back here to Canada.  So be prepared have all necessary paperwork.  We had to check into immigration the first time we tried to cross because we told them that she was staying for a few months.  We got denied because we didn't have any paper work saying that my gf was applying for PR and we didn't have health insurance for the time she will be here.  They also wanted to see bank statements and proof that she would go back to the states after her visit, ex. train ticket..  So we went back to the States side and got all this stuff together.  We went back to cross the next day, they asked to see her passport at the booth and then said go ahead.  We got lucky and didn't have to check into immigration a second time.

[tamee]

lumpdog, if you are flying you need a passport, if you come by car you dont, however if you apply for PR you NEED a passport, in the document checklist they ask for a copy of the data page.

http://www.cic.gc.ca/english/pdf/kits/guides/E33048.PDF

page 2 of 9

[JEC]

Sorry I meant to clearify that for the extended visitor visa we didn't necessarily need a passport because we drove, altho it helps so much to have one.  Tamee is right you do definately need one for the PR

[lumpydog1970]

Thanks so much you guy's for all your great info!  He is leaving tomorrow morning and I am so sad!!!!  But anyway, he has to go so he does not overstay.  Anyway, when he comes back, and we start the pr process, when we apply for an extension, what reason do we give?  do we say that we are applying for his pr and we need more time until it is approved?
Thanks again

[JEC]

That's what we did.  We put down that we needed to extend it to apply for PR and needed more time.

[lumpydog1970]

I just wanted to let you know again how much I really appreciate all your help with this.  Thanks so much. 

[lumpydog1970]

Ok I have another question;

When filling out the form, the question that says when they entered the country, do I put the first time he entered or the second time he entered?  I am guessing it would be the second time he entered but I am not sure.

[AJE]

hey lumpydog...you will want to put the first time he entered

[lumpydog1970]

Thanks a bunch! :)

[lumpydog1970]

Ok I have another question which I have been surfing the net for the answer to for weeks and weeks and still cannot find the answer!

When you stay in Canada for your allowed 6 months as a US citizen, when you go back to the US, do you have to stay there for a certain amount of time before you can come back to Canada? or can you just go there and come right back?

Thanks again

[AJE]

I don't think you have to stay there for a certain amount of time. I'm sure once you go across the border back into canada they are going to have you check into the immigration office and ask you all the basic information again;bank statement to support yourself, something that'll say you will go back to the states such as something from your work , train/airline ticket and so on. Wouldn't it just be easier for you to apply for the extended visitors visa?

[tamee]

you are SUPPOSE to go back to the US and stay for 6 months, technically you are only allowed in canada 6 months out of a year. But i believe you can file an extension to stay longer if you are running out of time til your PR is finished.

[lumpydog1970]

We thought we were doing everything right!  Now I feel like crying my eyes out!!!!  So are you saying that he SHOULD'NT  try to drive back in a couple of weeks like he has planned?  He left a few days before his 6 months was up because we thought he had to legally.  Then when he drives back in a few weeks we were going to start the pr process.  We did'nt start it this time because we thought that once you started it, you could not leave the country for 2 years and he wanted to go see his parents one more time before we started this whole thing.  I did not know that he could'nt come back after only a few weeks of being away back in the US. 
Should I tell him not to come back?????

[tamee]

did they stamp his passport? is there any record that he came or for how long?

and dont get me wrong, if you file outland you can come and go, but each time you come across the border, there is a chance they can deny you, depending on the mood of the border person.also if he gets his passport stamped for 6 months and he leaves, again theres always a chance they wont let him back

now if you are doing inland then yes he can not leave until the process is over, but he will have implied status and can get an OWP with AIP if you file that application at the same time as PR.

[lumpydog1970]

Hi again!

They did not stamp his passport because he does not have one (one reason why he went back so he can get one).  They also did not ask him where he had been in Canada or how long he had stayed.  They just took his drivers licence and birth certificate. 
He is driving from the other side of the country from where I am from in Canada so I don't want him to drive all that way (4 days) to get rejected at the border. 
I just don't know what to tell him to do!

[dallasgal8050]

Meet him at the border and cross together