Visiting US - Common Law - Sponsorship

[Elanigana]

I have been in Canada since September 2016 on a visitor record to attain common-law status. In November 2016 we traveled to the US ( My boyfriend, myself, and our two kids ) to visit family and came back while on Visitor record with no issues.

I will be flying back to the states this week with our children for the birth of my niece.. Boyfriend will be staying in Canada due to work.

Currently we have a visitor record valid until March, 2018.. To attain common-Law and apply for sponsoship.

Seeing as I'm flying out 3 days before my technical year living together, how long can I stay in the states on a vacation and not affect our "Common-Law" year. Am I allowed to go on a visit without him?

Also, will I have a hard time coming back to Canada to apply for our sponsorship ( We are sending our application next month - While in the states I will be picking up letters from my family for our application )

I will add. He will be driving down to pick us up and drive back together. I hoped that would make crossing the border easier.

I posted this in the visitor thread as well..

 

[Classic Chucks]

Roughly less than two weeks will be the safest. If you can make it, leave for just a week. Can't you leave after the 1 year mark instead?

 

[Elanigana]

Roughly less than two weeks will be the safest. If you can make it, leave for just a week. Can't you leave after the 1 year mark instead?

My sister doesn't have any one to be with her during labor and delivery. It really would be best if I was with her during the delivery of my niece. That's the ONLY reason i'm making this trip to begin with. He will be driving down the following week. Does that count as being together?

 

[Elanigana]

I am flying out September 21 @7pm. We are hoping to drive back October 7th. It's a little over 2 weeks... 2 weeks, 2 days.

 

[Classic Chucks]

I am flying out September 21 @7pm. We are hoping to drive back October 7th. It's a little over 2 weeks... 2 weeks, 2 days.

If you can prove you were living together when he drives down there, you'll be fine.

 

[Elanigana]

If you can prove you were living together when he drives down there, you'll be fine.

People go on Vacation.. I can't imagine that just because I went on a vacation for two weeks it would automatically ruin our common law status.. Considering he's driving down and we're driving back together...

I'm also worried about them even letting us back in... x.x This whole thing is so stressful.

 

[Classic Chucks]

People go on Vacation.. I can't imagine that just because I went on a vacation for two weeks it would automatically ruin our common law status.. Considering he's driving down and we're driving back together...

I'm also worried about them even letting us back in... x.x This whole thing is so stressful.

To attain a common law status, couple must live 365 days with little to no break in between. This is the rule. By little I mean, a week or less. Two weeks is pushing it. As I've said, if you can prove you were together, then you'll be fine.

 

[Elanigana]

To attain a common law status, couple must live 365 days with little to no break in between. This is the rule. By little I mean, a week or less. Two weeks is pushing it. As I've said, if you can prove you were together, then you'll be fine.

For my spousal sponsorship application, what is a common-law partner?
Your common-law partner:

• isn’t legally married to you
• can be either sex
• is 18 or older
• has been living with you for at least 12 consecutive months, meaning:
  • you’ve been living together continuously for one year, without any long periods apart
  • if either of you left your home it was for:
    • family obligations
    • work or business travel
  • any time spent away from each other must have been:
    • short
    • temporary

When at least one partner chooses to end the relationship, we consider the partnership to be over.

You will need to give proof of your common-law relationship.


I'm on the phone with the Airline trying to change my tickets for 3 days later.

 

[Elanigana]

Roughly less than two weeks will be the safest. If you can make it, leave for just a week. Can't you leave after the 1 year mark instead?

So! I switched flights until the day AFTER my 1 year living in Canada Mark! So the two week stay should be okay now? I want to make sure that i'm not doing anything that is going to jeopardize my PR application!

 

[Classic Chucks]

So! I switched flights until the day AFTER my 1 year living in Canada Mark! So the two week stay should be okay now? I want to make sure that i'm not doing anything that is going to jeopardize my PR application!

Literally just 1 day after? You should be fine. Good luck.

 

[Elanigana]

Literally just 1 day after? You should be fine. Good luck.

Yes. Was that too soon!? I'm trying not to mess this up! So, please! Let me know!

 

[canuck_in_uk]

Yes. Was that too soon!? I'm trying not to mess this up! So, please! Let me know!

The thing with common-law, it's not just living together for a year but being able to PROVE that you have lived together for a year. If you have proofs starting from day 1 and covering the entire one year period, then you should be fine to leave on day 366.

 

[Elanigana]

We have many pieces of mail / government documents that have come to this house from day one. We also have taxes for both for the three months of 2016 where I lived here. We have visitor records from the first day I stepped into Canada with this address, we have signed notarized letters from friends and family stating I've lived here and cohabitated with him for that time at this address. We have his life insurance policy that also states us both living here and myself as beneficiary.

We have the lease / insurance stating that there is 4 people occupying this address.

We have two children together who also live at this address and have all their documentation.

It has been hard to document our relationship over the last year because we weren't thinking "oh, we may need this," we were just living and being together..

At this point, being in the states with my family is very important to me. My father passed away last year and my sister doesn't have anyone else who can be with her during the birth of my niece. Push come to shove, I will explain the two week visit in the states as just that. I will show communication every day with my partner and we will keep documentation showing that he drove down shortly after to visit my family again and drive myself and our two kids back.