I really, really need advice, please!

[ILoveMoose]

I'm in some serious need of assistance, please.

I am a 26 year old American female. I have no trouble with the law nor issues with my background.

I am currently enrolled in an online US University, a year away from obtaining my Bachelors, and have proof to provide to the government.

I have been dating my Canadian boyfriend for 5 years. He and his spouse were legally separated for 6 years, and the divorce will be final in a month or so.

I have been to Canada multiple times over the last year (I live 1 hour away from the border in the states) and I was visiting every weekend. My boyfriend is DISABLED and receiving a pension, which is why the divorce took so long (it is not easy to divorce a disabled individual, from what I understand) and I was coming up frequently to help him shop, care for him, clean, etc - and, obviously, be together as partners. He is ill with severe chemical sensitivities and has a documented case of myalgic encephalomyelitis, so it's not as if he can't care for himself, he's just in a lot of pain and can't work. He has severe depression, and suicidal tendencies when he is alone.

I was coming over so frequently that it seemed to alarm the Border Agents, and it seemed to become more and more difficult.

Finally, I decided to stay after I received a stamp in my passport for the 6 months visitor Visa.
In two months, that Visa will be up. I would like to continue living with my boyfriend and eventually apply for permanent resident status, but I need some help, please.

I know that I can apply to extend my Visitor status, and most likely, I will end up doing this. However, I'm afraid of what will happen if I am denied since my boyfriend cannot support himself alone. Some people have advised me to leave and try to come back into Canada after a few weeks, but I have been having so much trouble in the past with coming over that the final stamp was a wake-up call for me. I'm afraid if I leave, that I won't be able to come back in.

We will be eventually getting married, but I fear it won't be within the next two months (especially when he is just getting out of another marriage). The other problem with this is, because he is disabled and receiving a pension (and because I can't work while I'm in this country), we have a cushion of roughly $20,000. Though it's just enough, I don't know if getting married would be help, as I know he'd have to file to qualify as my sponsor - and aren't they looking for a good chunk of money in the bank?

Another suggestion I received was to leave Canada in a month or so WITH my boyfriend, take a two-week vacation in the US, then come back together so that he is my 'sufficient tie' and we haven't broken the conjugal partner relationship by being away from each other in hopes to renew my Visa for another 6 months (I however feel that this is too obvious and worry that Border Control will try to separate us and bar me from entering again).

Does anyone with any experience or expertise in this area have any suggestions? I was thinking about meeting with an immigration official, but several residents around here told me that was a bad idea as I would be 'sounding an alarm'. My previous neighbors were Americans that stayed illegally for two years and were granted residency (I have no idea how - they just never went back after 6 months was up, stayed quiet for the two years, then suddenly applied and won), but that seems REALLY risky to me and I'm honestly not comfortable with that approach.

I am sick to my stomach over this and have been wringing my hands for the last month. My Visa stay ends on December 2 of this year.

Advice, please?

 

[steaky]

I go to the states for cross border shopping about the same frequencies you visit your boyfriend in Canada. It wasn't a problem for me.

 

[amikety]

I'm in some serious need of assistance, please.

I am a 26 year old American female. I have no trouble with the law nor issues with my background.

I am currently enrolled in an online US University, a year away from obtaining my Bachelors, and have proof to provide to the government.

I have been dating my Canadian boyfriend for 5 years. He and his spouse were legally separated for 6 years, and the divorce will be final in a month or so.

I have been to Canada multiple times over the last year (I live 1 hour away from the border in the states) and I was visiting every weekend. My boyfriend is DISABLED and receiving a pension, which is why the divorce took so long (it is not easy to divorce a disabled individual, from what I understand) and I was coming up frequently to help him shop, care for him, clean, etc - and, obviously, be together as partners. He is ill with severe chemical sensitivities and has a documented case of myalgic encephalomyelitis, so it's not as if he can't care for himself, he's just in a lot of pain and can't work. He has severe depression, and suicidal tendencies when he is alone.

I was coming over so frequently that it seemed to alarm the Border Agents, and it seemed to become more and more difficult.

Finally, I decided to stay after I received a stamp in my passport for the 6 months visitor Visa.
In two months, that Visa will be up. I would like to continue living with my boyfriend and eventually apply for permanent resident status, but I need some help, please.

I know that I can apply to extend my Visitor status, and most likely, I will end up doing this. However, I'm afraid of what will happen if I am denied since my boyfriend cannot support himself alone. Some people have advised me to leave and try to come back into Canada after a few weeks, but I have been having so much trouble in the past with coming over that the final stamp was a wake-up call for me. I'm afraid if I leave, that I won't be able to come back in.

We will be eventually getting married, but I fear it won't be within the next two months (especially when he is just getting out of another marriage). The other problem with this is, because he is disabled and receiving a pension (and because I can't work while I'm in this country), we have a cushion of roughly $20,000. Though it's just enough, I don't know if getting married would be help, as I know he'd have to file to qualify as my sponsor - and aren't they looking for a good chunk of money in the bank?

Another suggestion I received was to leave Canada in a month or so WITH my boyfriend, take a two-week vacation in the US, then come back together so that he is my 'sufficient tie' and we haven't broken the conjugal partner relationship by being away from each other in hopes to renew my Visa for another 6 months (I however feel that this is too obvious and worry that Border Control will try to separate us and bar me from entering again).

Does anyone with any experience or expertise in this area have any suggestions? I was thinking about meeting with an immigration official, but several residents around here told me that was a bad idea as I would be 'sounding an alarm'. My previous neighbors were Americans that stayed illegally for two years and were granted residency (I have no idea how - they just never went back after 6 months was up, stayed quiet for the two years, then suddenly applied and won), but that seems REALLY risky to me and I'm honestly not comfortable with that approach.

I am sick to my stomach over this and have been wringing my hands for the last month. My Visa stay ends on December 2 of this year.

Advice, please?

I've applied for Visitor Record's twice and in the process of applying for my third. I was given six months and then a full year. I explained the situation truthfully - that my (then) boyfriend wanted me to stay with him and we were saving up to get married. For proof of financial support, I included paystubs from his job. Someone in disability is allowed to sponsor, so you can use his disability income as proof you have financial support in Canada. The $20,000 is more than enough to return to the USA when/if you need to.

A lot of people on this forum told me my request for the year long VR would be denied... but I got it. If you have a clean background and put together a good application for your VR, I think you have a good chance of getting one.

 

[Loveshockey]

Hi Moose,
Please let me know what happens. I am in the same position but I am the one who has an illness. I am unable to sponsor my boyfriend because I make enough to support only myself -- i am not yet on disability -- and CIC makes no amendments for hardworking Canadians, desperately trying to find happiness despite a terrible situation. Like you, he has visited every weekend over two years but there's now a concern at the border. I wish you and your boyfriend the very best. I understand what it's like.

 

[scylla]

Hi Moose,
Please let me know what happens. I am in the same position but I am the one who has an illness. I am unable to sponsor my boyfriend because I make enough to support only myself -- i am not yet on disability -- and CIC makes no amendments for hardworking Canadians, desperately trying to find happiness despite a terrible situation. Like you, he has visited every weekend over two years but there's now a concern at the border. I wish you and your boyfriend the very best. I understand what it's like.

I think you've misunderstood the sponsorship rules. There is no minimum income requirements for sponsoring a spouse or common law partner. As long as you are not on social assistance (welfare) or bankrupt, you can go ahead and sponsor him.

 

[Loveshockey]

It no longer has a minimum salary chart for sponsorship. Thank you for bringing this to my attention, it is forever changing.
My main concern is having to support him --my financial obligation in having to support us both. I wish not to look for government support and work as much as I can right now. If he can get a work permit, life would be so much easier. I can continue paying rent--regular rent, not Ontario housing, my bills, taxes and other expenses!
I really do feel for the woman who started this post. It's not easy! And I'm on the other side...appreciating the support I get from loved ones.
Here is what it says on cic.gc.ca
When you sponsor a spouse, common-law or conjugal partner, or dependent children to become permanent residents of Canada, you must promise to support them financially. Therefore, you have to meet certain income requirements.

You and the sponsored relative must sign a sponsorship agreement that commits you to provide financial support for your relative, if necessary. This agreement also says the person becoming a permanent resident will make every effort to support her or himself.
You must provide financial support for a spouse, common-law or conjugal partner for three years from the date they become a permanent resident.

 

[scylla]

It no longer has a minimum salary chart for sponsorship. Thank you for bringing this to my attention, it is forever changing.
My main concern is having to support him --my financial obligation in having to support us both. I wish not to look for government support and work as much as I can right now. If he can get a work permit, life would be so much easier. I can continue paying rent--regular rent, not Ontario housing, my bills, taxes and other expenses!
I really do feel for the woman who started this post. It's not easy! And I'm on the other side...appreciating the support I get from loved ones.
Here is what it says on cic.gc.ca
When you sponsor a spouse, common-law or conjugal partner, or dependent children to become permanent residents of Canada, you must promise to support them financially. Therefore, you have to meet certain income requirements.

You and the sponsored relative must sign a sponsorship agreement that commits you to provide financial support for your relative, if necessary. This agreement also says the person becoming a permanent resident will make every effort to support her or himself.
You must provide financial support for a spouse, common-law or conjugal partner for three years from the date they become a permanent resident.

There never was a minimum salary requirement for sponsoring your spouse. The table you were looking at applied to parents / grandparents being sponsored only. Spousal sponsorships have been income exempt for a very long time.

You are correct that when you sponsor someone, you must agree to support them. For spouses, you agree to support them for the first three years after they land and become a PR. This effectively means that if that person goes on welfare/social assistance during the first three years after landing, you will be responsible for paying this amount back to the government.

As soon as someone lands and becomes a PR, they can get a SIN and are allowed to work immediately.

If your boyfriend wants to work before his PR comes through, then he can certainly look for an employer who is willing to offer him a job. If your boyfriend has skills and experience that fall under the NAFTA agreement, he can start working here relatively easily once he finds an employer. If he does not fall under NAFTA (many don't), then an employer will have to obtain something called an LMO to be approved to hire him. With the job offer and approved LMO, your boyfriend can then cross the border and obtain a work permit.

An alternative is to sponsor your boyfriend via the inland (within Canada) route. If you do this, he will qualify for an open work permit once the application has first stage approval. First stage approval is currently taking 5-6 months to complete (from the time the application is submitted).

 

[Loveshockey]

Thank you! After months of scouring the CIC site, I thought I had it figured out but I obviously did not. I did look into jobs that fell under NAFTA, too, hoping. I just never thought the sponsorship could work.
Your help is invaluable and appreciated more than I can say.
Thank you again.

 

[scylla]

Good luck - hope things work out.