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Lostowl12

Newbie
Mar 16, 2014
1
0
Hi, I have a few questions as I have been very confused on what steps we should take. Any advice is greatly appreciated. I am tempted to contact a lawyer out of confusion regarding differences in Quebec and the rest of Canada and timing of arrival.

I am an US citizen with a 5 year old who is a US citizen as well. The father is deceased. I have been in Montreal, Quebec, Canada with her since late May of 2013. I have been living with my boyfriend since arriving and have had a son with him born in Quebec mid December 2013.

My questions are:

1. If my son was born in Quebec and he has a birth certificate here that makes him a Canadian citizen correct?

2. What are my options for trying to stay in Canada? Have we been here too long to apply for anything? What would I be able to apply for if not? Would we have a better chance if we moved to a different providence?

3. If it is too late to apply as landed, etc. what would I have to do for returning to the states? Will I have to notify the border? I am confused on what will happen as we arrive. Would I have to get a passport for my son? Would I need a Canadian passport or a US passport?

I'm so lost as what options we have or what to do. Thanks again for any advice!
 
Easy stuff first: Your son is Canadian and American. He would need to get a US passport in order to come and live with you in the US, but he is also eligible for a Canadian passport. You will need to contact the US Embassy in Montreal to find out what to do. Their website has information here:
http://canada.usembassy.gov/passports/acquiring-your-first-passport.html

Hard stuff: Assuming you didn't get a visitor visa extension; You have overstayed the six months you are allowed to visit Canada as an American citizen without a residence visa. You must return to the states as soon as possible as you are an illegal immigrant. You don't need to notify anyone.

After you leave, you have some options to return to stay in Canada, but all require you to be married to your boyfriend. (Or to get some other kind of work visa in Canada if you have some skills, do you have a degree?)
 
I have no experience with "overstaying" in Canada, but it seems to me that your are only 2 months away from being "common-law" with your boyfriend. Come late May 2014, will you be able to prove 12 months of "continuous cohabitation"? i.e. with both your names on a lease, joint bank accounts, etc. If "yes" start preparing your application now and submit it ASAP once you're established as common-law.