I'm a British citizen and have been living, working and paying taxes in the USA for 8 years. In that time, I've applied to become a permanent resident and during the process, we filed some papers wrong. They made me file again and its been a tedious seven years in total and I STILL haven't gotten my Permanent Residency. My marriage has broken down and although we are still married, that's about it...frankly I want out.......and I want to travel to Alberta to do some camping and fishing and visit a close friend...you could say my girlfriend. . If I cross the border, as I'm still not a legal resident of the USA but have a valid UK passport, will they stop me crossing to Canada, or will the trouble come on the coming back to the USA as I've left while still in proceedings? Honestly, I don't want to be here any more and my girlfriend in Canada is willing to give it a go. We don't want to do all the Outland apps and she wants me there ASAP and is willing to support me until I get a work permit. What's the best way of doing this without incurring the suspicion of the Border folks?
Visiting Canada while in USA PR proceedings.
- Thread starter Callmemilord
- Start date
Callmemilord said:
If you applied for PR via family class from your now ex-wife, and it's still in process, you need to immediately cancel that PR application. If you continued with it even though you are now separated, that would be clear misrepresentation/fraud.
Unless your current PR app is from some other stream (like skilled worker), then you can have it continue.
If you do cancel your current PR app, then once you and your now girlfriend get married (after divorcing your ex) or become common-law after living togehter 12 consecutive months (this does not require an official divorce), she can apply for your PR under a NEW application.
With your visa-exempt UK passport, you can certainly travel to Canada as a VISITOR at any time. Just don't say you will be moving/living in Canada. Typically you get 6 months visitor status to start, and can always apply to extend that later.
Are you talking about my PR in the USA? If I cancel my PR application will then USA immigration deport me immediately? Also , if I cancel my USA PR, can I legally just cross the border to Canada without them questioning my reasoning for crossing?
Also, won't I need a Green Card to cross from the USA side to the Canadian side? I've been here eight years. Will the Border folks ask me how come I've been in the USA for 8 years? I know honestly is the best policy and all, but If I cancel my PR application here, then I'm worried that the Canadian Border guys will ask questions.
Callmemilord said:
No I thought you were referring to a PR app for Canada. I guess you meant you have current green card app in process for US. For that I'm not sure if it can continue or not since I'm not familiar with green card rules.
Anyways as I said, you should be able to come to Canada as a visitor. Just don't be showing up at the border with a car full of your stuff that would otherwise indicate you are actually trying to move here.
You are a LONG way away from being able to work in Canada though. If you enter as a visitor it will be at least 12 months before you become common-law with your gf (or quicker if you get married instead), and then when you submit PR app another 10 months or so after that before you could have PR and work.
The only other ways to work here are to see if you qualify for IEC working holiday visa for UK citizens, or if you find a Canadian company willing to go through LMIA process to hire you (but due to hassle and cost to company, this is very difficult to find).
I totally understand I'll have to wait 12 months as a common law partner. That's not an issue. My girlfriend is willing to support me for that time. My REAL issue is , whether I cancel my application for a USA green card, and will that enable me to get across the border to basically visit my girlfriend?
If I came across with my Green card still pending and cancelled it ONCE id transitioned across the border, I worry that the Canadian Border Guards will not let me thru as once I DO, my chances f going back to the USA are lessened as US border officials might not let me back in
Make sense?
If I came across with my Green card still pending and cancelled it ONCE id transitioned across the border, I worry that the Canadian Border Guards will not let me thru as once I DO, my chances f going back to the USA are lessened as US border officials might not let me back in
Make sense?
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