Out of Country sponsorship for an American seeking canadian permanent residency

[SalseroSiempre!]

I am an American who was in Canada for a six month period and then filed for a Visitor Record for a period of a year. Two weeks prior to the year, I received a response that it was denied as I didn't seem to have ties to the US. I had filed an out of country common law prior to that but had not received the AOR. I left Canada about 10 days after receiving the notification that it was denied. About a month later I tried to enter Canada and was refused entry. The border agent told me not to try to enter Canada again or I would be banned for a year. Shortly after that I received the AOR for the sponsorship application. My common law spouse received approval for the sponsorship, I completed the physical and am awaiting the background check. I don't have a police record but had a misdemeanor arrest in 1978 which was dismissed in the USA. I did disclose this as well as providing that documentation. Since I was refused entry, although it indicated that I voluntarily left, I am afraid to try to enter Canada again because I don't want the common law family sponsorship application to be jeopardized. We filed common law out of country because I had to attend to medical appointments in the USA and attend to my home there there which is presently rented out, with the understanding that I could leave Canada and return. My question is can I try to go back to Canada and not jeopardize my common law application out of country from being approved?

 

[armoured]

-Your ongoing common law sponsorship should be processed normally as is, that is, without undue delay although probably / possibly some additional checks due to overstay etc.

-I do not know specifically the actual validity of that officer's warning (threat) that you'd be banned for a year if you try to enter again. And also the potential consequences / impact on your spousal sponsorship.

I'd really suggest a paid consultation with an experienced immigration lawyer. It's possible they'd say you can risk it and just say it's a visit and refer to your ongoing spousal sponsorship - it's also possible they'd say don't because it would complicate things, OR suggest some other approach like apply for a visitor's visa from USA (usually something US residents do not do), or fly because they're less likely to send you back (a lot more paperwork than just verbally warning you at a border). Or of course, some entirely different approach that hasn't occurred to me.

You haven't stated timelines, but it is also entirely possible that waiting is the best path and you'll get the PR approved sooner than you think.

Final note: I wrote the above without questioning anything about your application, i.e. I'm assuming the dates involved for residing together make sense and the evidence is good and your status meets the common law requirements (that is, at least 12 months residing together BEFORE you applied and solid evidence thereof). On the face of it, if the time residing together was only in Canada prior to applying, that's not it.

If there are any issues about the common law aspect - have your partner visit you in USA and get married there NOW. You can update/amend your app to show you're married (only with the actual certificate of course, not just the marriage license), and they have to accept that updated info (i.e. even if you did not technically meet the common law definition beforehand) [caveat - only if they get that info before they've refused you].

 

[Ponga]

If there are any issues about the common law aspect - have your partner visit you in USA and get married there NOW. You can update/amend your app to show you're married (only with the actual certificate of course, not just the marriage license), and they have to accept that updated info (i.e. even if you did not technically meet the common law definition beforehand) [caveat - only if they get that info before they've refused you].

I would think that the OP knew they had reached the required 365 of cohabiting with their sponsor to qualify for Spousal Sponsorship before submitting the application(s), but...

The fact that the OP submitted an Outland application means that there's no reason for them to be in Canada, right? Therefore, there's probably no reason for them to get married, IMHO.

IRCC seems to recognize, and understand, that a common-law couple can live apart so long as their relationship continues as if they were living together.

 

[armoured]

I would think that the OP knew they had reached the required 365 of cohabiting with their sponsor to qualify for Spousal Sponsorship before submitting the application(s), but...

The fact that the OP submitted an Outland application means that there's no reason for them to be in Canada, right? Therefore, there's probably no reason for them to get married, IMHO.

IRCC seems to recognize, and understand, that a common-law couple can live apart so long as their relationship continues as if they were living together.

I think I was clear that base assumption is that they do meet the requirements, and was only checking, since the dates don't seem to match - i.e. assumption again, that they had the 12 months cohabitation in the past. I didn't say anything at all about their living apart currently affecting that common law status.

Why did I bring it up? Because we have seen the occasional case here of applicants who did not meet the common law requirements, and there was the info about living together in Canada for what appeared to be <12 months, and no mention of other cohabitation. Comments about getting married ONLY referred to that possible circumstance, not meeting common law requirements.

That's all. If it's not relevant, ignore that part. Seems to me easy enough to parse the structure of my post.

 

[Shahida2005]

I am an American who was in Canada for a six month period and then filed for a Visitor Record for a period of a year. Two weeks prior to the year, I received a response that it was denied as I didn't seem to have ties to the US. I had filed an out of country common law prior to that but had not received the AOR. I left Canada about 10 days after receiving the notification that it was denied. About a month later I tried to enter Canada and was refused entry. The border agent told me not to try to enter Canada again or I would be banned for a year. Shortly after that I received the AOR for the sponsorship application. My common law spouse received approval for the sponsorship, I completed the physical and am awaiting the background check. I don't have a police record but had a misdemeanor arrest in 1978 which was dismissed in the USA. I did disclose this as well as providing that documentation. Since I was refused entry, although it indicated that I voluntarily left, I am afraid to try to enter Canada again because I don't want the common law family sponsorship application to be jeopardized. We filed common law out of country because I had to attend to medical appointments in the USA and attend to my home there there which is presently rented out, with the understanding that I could leave Canada and return. My question is can I try to go back to Canada and not jeopardize my common law application out of country from being approved?

No, attempting to re enter Canada at the border right now will not jeopardize your out of country common law sponsorship application itself, but you are at a very high risk of being turned away again or issued a formal 1 year ban.