Advance Parole to travel to Canada

[Villanelle 4,122]

Just curious but there was mention in that thread about 'paperwork' to get him Canadian residency... It was elaborated on but I assumed it to mean family based (spousal) Canadian process. If you are not married how exactly did he obtain residency in Canada?? 

 

It is important to always provide accurate info when asking for advice. Often things that dont seem to matter actually do matter and can change the entire situation. Anyway in addition to the options 1 and 2 listed above there is option 3. Do NOT use the K visa to enter the US but rather obtain entry as a normal visitor. This is also not a guarantee to happen. Some CBP Officers will not let you not use the K visa and use the ESTA/B (not sure what its called for Canadians) but IF you can get the Officer to admit you as a normal Canadian visitor and NOT use the K then you should be able to enter as such and leave and re-enter on the K a week or so later. However the simpler option that is guaranteed to work is to simply not enter at all and extend the rental or have someone else return the car. If at POE they insist you must use the K and you use it you will then need to re-evaluate what to do next. As explained if you enter on it and marry you have zero chance of getting it reissued. So if you enter, marry and leave you will have to restart the process as a spouse (1+ year additional time). You can enter, delay the wedding and leave and then maybe theres a chance of getting it re-issued but because you knew about this situation before entering they may not be sympathetic to re-issuing it. 

 

 

[debbiedoo 2,339]

As a mother, this is your CHILDREN'S FATHER. Do not be selfish. If it delays you entering and delays a wedding SO BE IT. THE KIDS ARE MORE IMPORTANT THAN YOU OR YOUR FIANCE OR HUSBAND OR WHATEVER THE HECK HE IS.

 

They need to see their dad NOW.

[SalishSea 17,837]

13 hours ago, Kacey8361 said:

andouille emergencies in Canada

Culinary emergencies are usually not considered for expediting AP.

[Thrillhouse 193]

14 hours ago, Kacey8361 said:

Help! 
 

Just got K-1 approval today. Entering USA in the morning, and just learned that my children’s father (who lives in Canada) has just suffered a stroke 😞 

 

needing time take the kids to see their father. Cannot do so for another 2 weeks. (Dec -8) This is a must! 
 

 

Oh goodness, I'm so sorry ... that sucks.  Nothing useful to add, just wanted to offer good vibes.

[ADW & JOP 146]

5 hours ago, JFH said:

So that whole three-page thread from last year about a spouse visa was a lie and a waste of everyone's time? 

 

If that’s the case and you wasted everyone’s time then, don’t be surprised if people are in no hurry to help you with these questions. 

Or perhaps this is one of those situations involving a common law union, recognized in Canada and just how she refers to her spouse. That detail in the previous thread would have been useful.

Edited December 7, 2019 by ADW & JOP

[JFH 12,190]

18 minutes ago, ADW & JOP said:

Or perhaps this is one of those situations involving a common law union, recognized in Canada and just how she refers to her spouse. That detail in the previous thread would have been useful.

Would a common law union have been eligible for a CR-1? 

 

Villanelle also raises the point of how the “fiancé/spouse” would have gained PR in Canada as it appears it was a relationship-based case, rather than through employment or parents, as the OP made reference to “doing all the paperwork” for that. Not sure what the requirements are for Canada and whether they grant PR to lovers of Canadians or only legal spouses. 

 

I’m hoping that the OP’s dishonesty is restricted to forums and does not transfer to real life and that they haven’t applied for a K-1 claiming to be unmarried when they are already married and just keeping their fingers crossed that no one will notice. There are two children involved in this. Not fair on them to be dragged into that, if it’s the case. 

[ADW & JOP 146]

55 minutes ago, JFH said:

Would a common law union have been eligible for a CR-1? 

 

Villanelle also raises the point of how the “fiancé/spouse” would have gained PR in Canada as it appears it was a relationship-based case, rather than through employment or parents, as the OP made reference to “doing all the paperwork” for that. Not sure what the requirements are for Canada and whether they grant PR to lovers of Canadians or only legal spouses. 

 

I’m hoping that the OP’s dishonesty is restricted to forums and does not transfer to real life and that they haven’t applied for a K-1 claiming to be unmarried when they are already married and just keeping their fingers crossed that no one will notice. There are two children involved in this. Not fair on them to be dragged into that, if it’s the case. 

No, but OP could have decided to get legally married that is recognized by USCIS for a CR1 visa, and subsequently changed her mind for a K1 visa. Either way, I am trying to give OP the benefit of the doubt. The OP can help clarify this or not.

[Lemonslice 4,854]

No need to be married to bring your partner to Canada. 

 

Quote

Who you can sponsor

You can sponsor your spouse, common-law partner, conjugal partner or dependent children.

Your spouse

Your spouse can be either sex and must be:

• legally married to you
• at least 18 years old

Your common-law partner

Your common-law partner:

• isn’t legally married to you
• can be either sex
• is at least 18 years old
• has been living with you for at least 12 consecutive months, meaning you’ve been living together continuously for 1 year in a conjugal relationship, without any long periods apart
  • Any time spent away from each other should have been
    • short
    • temporary

If you or your common-law partner choose to end the relationship, we consider the relationship to be over.

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

Your conjugal partner

Your conjugal partner:

• isn’t legally married to you or in a common-law relationship with you
• can be either sex
• is at least 18 years old
• has been in a relationship with you for at least 1 year
• lives outside Canada
• can't live with you in their country of residence or marry you because of significant legal and immigration reasons such as
  • their marital status (for example, they’re still married to someone else in a country where divorce isn’t possible)
  • their sexual orientation (for example, you are in a same-sex relationship, and same-sex relationships are not accepted, or same-sex marriage is illegal where they live),
  • persecution (for example, your relationship is between different religious groups which is not accepted and they may be punished legally or socially)

You’ll need to give proof that you could not live together or get married in your conjugal partner’s country (for example, proof of refused long-term stays in each other’s country).

Source: Government of Canada

[Unidentified 2,930]

So two options:

1. Stay in Canada for a bit longer. 

2. Come to the US, get married, apply for AOS and wait for case number and then get emergency advance parole. You can get the emergency advance parole same day you apply for it. But the whole process of getting married, apply for AOS and wait for case number will definitely take weeks. 

 

 

 

 

[Villanelle 4,122]

2 hours ago, Lemonslice said:

No need to be married to bring your partner to Canada. 

 

Source: Government of Canada

Looking at that it would seem they used common law marriage to get him residency there. Unless I am missing something... It still doesnt rub me right though for them to claim to be in a common law marriage for CA immigration and to claim to be single to US immigration. 

[Lemonslice 4,854]

20 minutes ago, Villanelle said:

Looking at that it would seem they used common law marriage to get him residency there. Unless I am missing something... It still doesnt rub me right though for them to claim to be in a common law marriage for CA immigration and to claim to be single to US immigration. 

Common law partners are not marrried though.  Common law relationship is not a marriage - no need to divorce, officially register (or end) the relationship, nor to do any legal agreements/contracts between partners (but you can if you want, deciding how assets will be divided, etc., can be a good idea in longer term relationships).  Common law partners can/must file taxes together, are eligible to be on each other supplemental health insurance (for medications, or paramedical services) and other employment's benefits, can file for some governmental services on behalf of their partner (ex. submit a passport application), etc.; there is usually no alimony for either partners after it ends.

 

Some differences between provinces, but here is a summary for Québec; https://www.educaloi.qc.ca/en/everything-you-need-know-about-common-law-relationships

Edited December 8, 2019 by Lemonslice

[Duke & Marie 1,389]

I’d say check on ex health with medical staff, while strokes are not a good thing, they are not all detrimental to health and many are 100% recoverable.. 

 

visa ex on route to USA, you said getting married on 14th.. you’ve got plenty of time for a detour before getting married.. particularly given your still currently in Canada where the children’s father is. Surely he’s not residing too far from you given visitation of kids etc.. 

 

as far as dire appointments in USA pre-wedding, I’m sure they can be put off a day or two if you were to explain the situation to them. 

 

If only approved yesterday, you really have no need to travel the next day, You’ve got 6 months 

 

I think your making it much harder than it needs to be, for reasons unknown 

[NikLR 13,227]

17 hours ago, Villanelle said:

Looking at that it would seem they used common law marriage to get him residency there. Unless I am missing something... It still doesnt rub me right though for them to claim to be in a common law marriage for CA immigration and to claim to be single to US immigration. 

It's different than common-law in the USA.  For instance my ex was common-law with me for 8 years.  We had a child together and filed taxes together. However when we separated, I had 90 days to let the federal and provincial governments know and that was all we had to do.  There was no divorce etc.  After marriage to my husband, I had 30 days to let both government entities know.  

Hubs and I wanted to go the common-law route, but the USA doesnt allow it.  In Canada conjugal partners can only be applied for if you've tried immigration in both directions and have been denied. 

[Kacey8361 87]

Update: Approved to leave. 
so so glad it was up to the immigration officers I met with today and not some of you! 
 

have a great day! 

[geowrian 22,337]

2 minutes ago, Kacey8361 said:

Update: Approved to leave. 

The ability to leave was never in question.