[US and Canada] Will this plan work for achieving common law status?

[Adistantplanet]

Hello all! I wanted to ask here and hopefully get some advice from you knowledgeable folks since this whole immigration thing is very confusing.

My boyfriend is Canadian and currently lives in Alberta, I'm American and living in Michigan. We would eventually like to live together in Canada. I know he can stay in the US for up to 6 months as a tourist, and I'm lucky enough to have an incredibly supportive family who can provide us with a place to live since we can't afford to support 2 people and pay rent for a year. If he lives with me for 6 months as a tourist, goes back to visit his family for a bit, and then comes back for another 6 months, would that grant us common law status so he could sponsor me that way?

We love each other and want to build a life together, but we're struggling with finding a way to live together for a year on just one income. He does not have any advanced degrees/skills to obtain a work visa in the US, but with my family providing a place to stay I can support us on my income for that time.

 

[kcward7]

Hello all! I wanted to ask here and hopefully get some advice from you knowledgeable folks since this whole immigration thing is very confusing.

My boyfriend is Canadian and currently lives in Alberta, I'm American and living in Michigan. We would eventually like to live together in Canada. I know he can stay in the US for up to 6 months as a tourist, and I'm lucky enough to have an incredibly supportive family who can provide us with a place to live since we can't afford to support 2 people and pay rent for a year. If he lives with me for 6 months as a tourist, goes back to visit his family for a bit, and then comes back for another 6 months, would that grant us common law status so he could sponsor me that way?

We love each other and want to build a life together, but we're struggling with finding a way to live together for a year on just one income. He does not have any advanced degrees/skills to obtain a work visa in the US, but with my family providing a place to stay I can support us on my income for that time.

You have to live continuously together for 365 days with no significant breaks. Other members may weigh in here but I think this plan may be problematic for you (the break between the visits).

 

[scylla]

Your plan will theoretically work but depends on a few things (including luck). First of all, you need to keep the break between the two six month periods short (three weeks or less - ideally less). If you are separated for too long, CIC will say this is a break in continuous cohabitation and you'll have to start counting again from the start. Secondly, it's possible he may have issues re-entering the US the second time. It's possible US officials may not like the amount of time he's spending in the US as a visitor. That's definitely a risk.

 

[Adistantplanet]

Your plan will theoretically work but depends on a few things (including luck). First of all, you need to keep the break between the two six month periods short (three weeks or less - ideally less). If you are separated for too long, CIC will say this is a break in continuous cohabitation and you'll have to start counting again from the start. Secondly, it's possible he may have issues re-entering the US the second time. It's possible US officials may not like the amount of time he's spending in the US as a visitor. That's definitely a risk.

That's what I was worried about. I could easily go with him to visit family so we wouldn't have to be separated while he does, but him not being allowed back into the US is a problem. Honestly I'd much rather avoid this whole part and be able to move to him, but I'm not sure how that would be possible either. Thank you for your help though!

 

[Buletruck]

Keep in mind, the important thing is continuous cohabitation. It says nothing about where that has to occur or how. If he can manage 6 months in the US and then you both travel to Canada (you as a visitor) for another 6 months. It could be Mexico or Bolivia or Lithuania, as long as you can provide the proof you were together, it all counts as continuous.

 

[Adistantplanet]

Keep in mind, the important thing is continuous cohabitation. It says nothing about where that has to occur or how. If he can manage 6 months in the US and then you both travel to Canada (you as a visitor) for another 6 months. It could be Mexico or Bolivia or Lithuania, as long as you can provide the proof you were together, it all counts as continuous.

I would love to be able to do this, maybe we can figure something out with living expenses. I'd actually like to be able to go to Alberta as a student to finish my degree, but the non resident tuition seems like an impossible obstacle. Thank you for the reply!

 

[Masonb6888]

It would have a lot to do with the addresses you put down when you claim common law.
It needs to be living at the same address for 365 days.
The concerns I see are him re-entering into the US.. They're going to notice him staying six months and they're going to ask him questions. What I don't know.
things you can try to do is get him on a US student visa. This would be difficult and pricey depending on where he went to school, but all you need is one year.
I'm not up to date myself on what kind of Visa's the US offers to Canadians. I would consider looking at what ever gets him into the country for 1 year. You could also get a Canadian Student visa and go there for one year. I'd assume it's much easier and a bit cheaper even at the university level but this would mean finding living and paying rent together in Canada.
The other options are getting married and applying as outland spousal sponsor. We were going to do this, but wanted to avoid it all costs cause we didn't want it to look like we just got married to get PR. We did Common-law as well and I'm in Canada on a student visa.