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Author Topic: Visa for a cheating wife  (Read 778 times)
noway
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« on: June 10, 2011, 10:00:26 pm »

My wife and I are US citizens. She moved to Canada to be with another man. She only went across the border with a US birth certificate (and a car full of possessions.) I understand that she can only stay in Canada for six months as a visitor. I have a couple of questions.  1. What if she stays past the six months? - Could she be deported?  2. If she overstays and is deported, could she reenter?  3. We are still married, so what are her immigration options? (She has no money of her own.)
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job_seeker
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« Reply #1 on: June 10, 2011, 11:43:11 pm »

She can apply for extension while in Canada and if granted and she's able to stay with the other man for at least a year, the other man can sponsor her for permanent residency under common law.

My wife and I are US citizens. She moved to Canada to be with another man. She only went across the border with a US birth certificate (and a car full of possessions.) I understand that she can only stay in Canada for six months as a visitor. I have a couple of questions.  1. What if she stays past the six months? - Could she be deported?  2. If she overstays and is deported, could she reenter?  3. We are still married, so what are her immigration options? (She has no money of her own.)
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Scanner
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« Reply #2 on: June 11, 2011, 01:54:31 am »

A question plz. But how can the other guy can sponsor her as common law, if she is married to some1 else in other country.
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job_seeker
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« Reply #3 on: June 11, 2011, 09:30:02 am »

They can't get married but if they have lived together for at least a year then they are considered common law. As to how CIC will perceive the relationship would be a different matter though.

A question plz. But how can the other guy can sponsor her as common law, if she is married to some1 else in other country.
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Leon
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« Reply #4 on: June 11, 2011, 10:04:39 am »

As long as she no longer wants to live with you and moves out, you are in effect separated.  Immigration will accept a married person who has separated going into a new relationship and becoming a common law partner of a new spouse.  Therefore, as others have said, if she lives with the man for 12 months, either by extending her visitor status or by leaving Canada after 6 months and then re-entering, he could sponsor her as his common law wife.  Other options she has include finding a job and getting a work permit.

In any case, she is gone.  Do you really want her back after what she did?  Forget her.
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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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