Would my gf qualify for a visitor visa despite having no ties to her country.

[salam1235]

I am a Canadian citizen, and I met my current girlfriend on the internet about a year ago. She lives in the United States; however, she is originally from New Zealand. Her mother brought her to the US when she was a teenager. Her mother gained her own US citizenship through marriage, but my girlfriend has now overstayed her visa for 15 years while trying to obtain her green card. She has nothing to go back to in New Zealand, and has essentially been stuck in the US ever since. She has two children who are US citizens (father has abandoned them, but there is no official custody order.)

I would like to know what the best route would be to bring them to Canada. I would be willing to marry her if it helps the process, but I don't think the relationship could survive the 1-2 years it could take for the outland application process -- we get severely depressed when we are apart. We have been living together in the US since June, but we cannot remain in the US with neither of us working. Furthermore, US immigration is starting to get concerned with the amount of time I have been spending in the US. I need to bring her and the kids to Canada somehow (or sell off my assets and move with her to New Zealand.) What is my best option? Is there any chance they would let her and the kids in on a visitor visa so we can start the inland application process? Our biggest fear is that she will be denied entry to Canada, and then be denied entry back into the US and deported to New Zealand without the kids who do not have dual citizenship.

 

[zardoz]

Personally, I think Canada would be most unhappy if she tried to enter as a visitor. The fact that a) she is a long time overstay in the US and b) that she is in a relationship with a Canadian resident, would lead them to believe that she would not leave the country at the end of the visit. I suspect that they would refuse a visa and if she is visa-exempt, bounce her at the border. This of course would cause the US immigration to take a very careful look at her status.
In my humble opinion, this is a disaster just waiting to happen.

Good luck however...

 

[scylla]

Something else to consider... Due to her overstay, as soon as she physically leave the US, she will be automatically banned from re-entering for 10 years. So she needs to be very careful what she does.

I agree with the concerns you have raised and think this is a real possibility given her status in the US. If she tries to enter Canada as a visitor and is for any reason turned back at the border, she's going to run into huge issues when she tries to re-enter the US (I would expect this to result in an immediate deportation). The children obviously make the situation more complicated since she can't leave them behind.

If you want to live together in Canada, forget about having her come here as a tourist (I think this could end very badly and is far too risky) and focus on marrying her and then sponsoring her for PR (along with her children) using the outland process as soon as you can. If you don't feel your relationship can suvive the separation, then I suppose should look into moving to NZ instead. However keep in mind that you are not allowed to "move" there (much as you're not allowed to move to or live in the US). You can only to go NZ as a visitor. So if you want to make this move more permanent, you're going to have to figure out the process from the NZ end of things.

 

[salam1235]

Thanks for the input.

Is there any way whatsoever I could provide a case to Canadian Immigration that I will pay her way back to NZ and send kids to stay with their grandparents in the US once her stay in Canada has expired? I would do anything legal to make this work. The last time I was through US customs, I was honest and told them the entire story and they gave me a very stern warning but issued me a six-month residency permit. They know where she is, and they know her status.

Perhaps my best option is to try and find work in the US (could be very difficult) and get a work visa while we wait out the outland process?

 

[scylla]

Is there any way whatsoever I could provide a case to Canadian Immigration that I will pay her way back to NZ and send kids to stay with their grandparents in the US once her stay in Canada has expired?

You can try to make this case when you arrive at the border. However how the immigration officer reacts to this is anyone's guess (again, way too risky IMHO). There's no way to guarantee in advance that she will be allowed to enter Canada - if that's what you're asking.

Sure - you can try to find work in the US and live there on a work permit. I don't think that's very easy to do. But by all means give it a try.

 

[toronto30]

if NZ is a visa exempt country, can't she go back to NZ and fly directly to Canada to stay for six months, while u can start the in land application process? I do not know this clearly, but best of luck to you.

 

[canuck_in_uk]

If you are under the age of 35, you can apply for a Working Holiday Visa to NZ. It's pretty easy to get and would allow you to live and work in NZ for a year. Your girlfriend and her kids can join you and you can sponsor them outland through Sydney, Australia (after you are married). That way, you can be together the whole time, both of you will be able to work and there are no risks for either of you in crossing the US-Canadian border.

Why hasn't she gotten the kids' NZ citizenship yet?

 

[salam1235]

She never applied for citizenship for the children because, frankly, she had never planned on going back to NZ (bad past and childhood memories and such.) She has been in the green card diversity lottery for about 15 years now, but I guess she has just been unlucky.

Thanks for the advice regarding the working holiday visa. That is definitely an option I hadn't considered. Another option I am now considering is finding a University in the US to continue studying. I am one year away from completing an Information Systems degree, but finances could be an issue in the long-term.

Hopefully we can figure something out. Thank you all for all the advice!

 

[scylla]

She has been in the green card diversity lottery for about 15 years now, but I guess she has just been unlucky.

To the best of my knowledge this isn't a viable option for her. Winning the diversity lottery doesn't forgive an overstay.

 

[salam1235]

Just a bit of an update to my situation and another question or two. The US authorities became aware of her status and detained her at an immigration detention facility. She is awaiting deportation. The kids have been sent to live with the grandparents for the time being. The US authorities suggested I return to Canada, so I am back home.

At this point, her only alternative to deportation is voluntary departure. So my question is, how bad will a deportation look on our sponsorship application when I apply to bring her to Canada through the outland process? And will voluntary departure look much better? She has no other criminal history.

BTW, I did apply for a Working Holiday Visa in New Zealand and was accepted. So it looks like we will spend a year in NZ together and apply from there.

Thanks for any advice.

 

[txboyscout]

Just a bit of an update to my situation and another question or two. The US authorities became aware of her status and detained her at an immigration detention facility. She is awaiting deportation. The kids have been sent to live with the grandparents for the time being. The US authorities suggested I return to Canada, so I am back home.
At this point, her only alternative to deportation is voluntary departure. So my question is, how bad will a deportation look on our sponsorship application when I apply to bring her to Canada through the outland process? And will voluntary departure look much better? She has no other criminal history.
BTW, I did apply for a Working Holiday Visa in New Zealand and was accepted. So it looks like we will spend a year in NZ together and apply from there.
Thanks for any advice.

Sorry to hear about her detention.
Voluntary depature and deportation are pretty much the same as far as immigration is concerned. However, it is always in her best interests to take Voluntary Depature if at all possible. She will still get her 10-year bar from re-entry.
As far as optics for immigration, it does not matter. Any country would be hesitant to give her a temp entry visa but since you are planning on doing a spousal sponsorship for perm residence it really does not matter.

 

[canuck_in_uk]

As said above, it won't really matter for the PR app but voluntary departure is always better. Your PR app will face delays due to her longtime illegal status in the US, regardless of how she left.

However, provided you guys can prove a solid relationship, CIC will not refuse the app because of her US immigration issues.

If you were to apply as common-law in June 2014, based on your initial move in date of June 2013, this time with her in detention in the US and you in Canada would almost definitely be seen as a break, resulting in a refusal due to not being common-law. I would advise you to either get married or restart your common-law clock by living together for a full continuous year before you apply.

Congrats on the NZ Working Holiday visa. It's such a beautiful country, I loved living there!