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A somewhat complicated situation...

Rinnerz

Hero Member
Apr 8, 2010
431
14
124
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
12-10-2010
AOR Received.
14-12-2010
File Transfer...
09-11-2010
Med's Done....
29-07-2010
Interview........
Waived
Passport Req..
08-07-2011
VISA ISSUED...
07-07-2011
LANDED..........
02-08-2011
I've been roaming these forums on and off for the last few days, ever since I stumbled upon them. I do wish I'd found them a good 3+ years ago, but oh well. Better late than never, right? I've been really taken aback by how informative and helpful some of the members on here have been, and I'm now hoping maybe I could benefit from all the knowledge floating around here as well.

This is probably going to be a very long post, so I thank those of you in advance who have the patience to read it all.

I'm not sure where to begin really. I suppose a little background info will help. I am a US citizen, born in Texas, but raised since the age of 8 in the United Arab Emirates. My father (doctor) landed a steady job there and we ended up staying. 2004-2006, I was attending an American university there, studying Computer Science, when my health suddenly took a turn for the worse. I went from being an honor student, a part-time writing tutor at their writing center, freelance editor and on a sports team, to... not even being able to make it to half of my classes. It turned out I have systemic lupus, like my mother before me, as well as rheumatoid arthritis. Because of how awfully lupus can flare in hot climate (pretty much what killed my mother), and because I could no longer even function normally in university, it became clear that I had to leave.

Unfortunately, I didn't really have a reliable place to go to. Some of my father's distant family is still in Texas, but we're very much estranged. I myself have not been to the States since I was 12 (to visit my grandfather), so it's just as foreign to me as, say, France. My maternal grandfather resides in NY, but we had not been in touch for several years as well. So with my health in the heat worsening, I decided to visit some close friends of mine in Newfoundland until I could figure out my next course of action.

That's where things began to go downhill, I suppose. I'd be the first to admit that I was ill-prepared. I did have savings, but they weren't much. With everything being as last minute as it was, I ended up renting a room in a house shared by one of my friends and the landlady's daughter, paying rent each month and buying groceries with the little money I had on me.

This was June 2006. In July, one of my best friends whom I had known mostly online since 2001 moved from his hometown (also in NL) to where I was living at the time (not the same house, just same town). With us knowing each other for as long and as well as we already did, I guess it was inevitable that we'd fall in love and decide to want to stay together.

However, despite the fact that my lesions had disappeared once I got into cooler climate, my health became more unpredictable. I started suffering from intense chest pain that, at the time, my doctor father suspected to be pericarditis. By early fall, I could no longer walk more than 15 minutes without breathing troubles. The lesions returned and I was constantly and suddenly hit with chest pain, usually rendering me bed-ridden for the short time that it took for it to recede.

My 6 month visitor's pass was to expire in December 2006, but by the end of November I wasn't much better--and of course, broke by then. My then-boyfriend began looking after me--feeding me, letting me stay at his place so he could watch over me, paying my rent. I wasn't in a condition to travel, even if I could have afforded it and come up with a place to stay. I knew visitor's visas could be renewed but couldn't afford to, especially since I was under the impression at the time that I would have had to provide a return ticket as evidence that I would leave once it was up. One more thing I couldn't afford.

So you can guess what happened. I'm ashamed to say that, in our ignorance, and since we knew we wanted to eventually marry anyway, we decided it was better for me to stay here with him until we could figure things out, rather than risk trying to travel the way I was--sick and broke and without a sure place to stay.

Eventually we read on the official CIC website that we could indeed apply even if my status was no longer legal, even if it wasn't the ideal situation. With just my boyfriend working and supporting the both of us, money was... tight. I officially moved in with him June 2007, but we put off officially getting engaged until his family had met me and gotten used to the idea, given our upbringing differences. (He's never left NL and was raised Pentecostal, whereas I was mostly raised in the UAE, as a Muslim, though I'm no longer actively practicing.)

About this time last year, we finally decided to stop waiting around for when we would have the ideal savings for a wedding, since it wasn't going to happen with only one of us working, and officially got engaged. In August 2009, we were married here in NL. At the time, my husband had just been laid off (along with a bunch of others) from his work, and it wasn't until this past November that he started working again.

Things are steadier now. We have our own apartment and he has reliable, steady work hours. We want to stop procrastinating and get this taken care of--the right way. I looked up the CIC website again the other day and found everything looks the same as I remember it, but out of curiosity I ran a general Google search and accidentally happened upon this forum. After reading some threads and realizing the risks involved with applying inland (especially with illegal status) vs. outland, etc., our current thoughts are thus:

We're not comfortable at all with the thought of separating, given the up-and-down nature of my health (currently also being tested for diabetes and hypothyroidism) and the fact that I've been out of work for a good 4 years now and have not once stepped foot into the States in the last 13 years. So us staying together--even if it would delay the process--would be ideal for us.

While I have been using his surname ever since we married for things like doctor visits and such, I haven't gotten around to updating my name in my US Passport (my only photo ID since I can't even drive), so that's first on our agenda. After that though, it sounds like our best course of action might be to find some way to afford to leave Canada so that I will no longer be overstaying, possibly stay near the US border for a few days, then attempt to re-enter? From what I understand (correct me if I'm wrong), customs do not actively monitor when you leave Canada--only when you enter. So I should be able to leave without any hassles, right?

If so, then the next question would be: being a US citizen, could I then re-enter Canada with my Canadian citizen husband and likely be given another 6 month visit pass? To be clear, I do NOT want to go through the hell of overstaying and feeling anxious over it again. The purpose of achieving another legitimate, legal visitor's pass would be so that, once in Canada, we can immediately begin working on the PR application inland. I'm assuming actually telling customs I intend to apply for PR once I'm back in the country would be a bad idea? Or not? Also, it is my understanding that I could either apply for an extension of my visitor's pass at the same time as the PR app, or for an open work permit. However, I am doubtful that with my very limited education and work experience, I'd be eligible for an OWP. (Again, correct me if I'm wrong.) Or for all I know, it might be more straightforward to just try to extend the visitor's status instead? When doing this, do you still need to provide proof that you'll leave when it's expired, or is it implied since you will already have a PR app in process and can't leave the country anyway (due to it being inland)?

These last few years have been extremely trying. Until I found these forums, I had never even considered the possibility that I could leave Canada hassle-free; the UAE checks for your entry visa when you try to exit, and if you don't have one (or have an expired one), you are in for some trouble. So I just assumed it was the same here. I have been very adamant about not working illegally since I read years ago that that could keep me from ever gaining PR status, so having just one of us work has been stressful as well--especially with my doctor visits and medical tests being thrown into the mix. We just want to get this done, and done right. We're also considering, once my passport is updated, finding some way to consult an immigration lawyer... although I do not know how pricey that would be.

Anyway, that's about it I suppose. I apologize for the terribly lengthy post; I don't seem to be very good at being concise. Any suggestions or hints/tips regarding our situation would be most appreciated.
 

matthewc

Hero Member
Jan 18, 2010
592
47
Grimsby, ON
Category........
Visa Office......
Inland (CPC-Vegreville)
Job Offer........
Pre-Assessed..
App. Filed.......
27.09.2006
AOR Received.
05.12.2006
VISA ISSUED...
11.02.2008
LANDED..........
31.03.2008
It sounds like what is most important to you at the moment is staying in Canada. If you leave to the USA, there is a good chance you might not be allowed back into Canada, since (by your own admission) you don't really have any ties there, and you do plan to stay in Canada permanently.

Usually it's better to apply through the outside route (faster processing, right of appeal), but the inland route, and the spousal public policy which allows inland applications from out of status spouses and common-law partners exists for a reason, and I'd say in your case, where remaining in Canada and not being separated seems to be high on your priorities, an inland application might be the best way to go.

I realise you don't like being out of status, but if you attempt to get back into status by leaving Canada and re-entering, that actually puts you at some risk of being excluded from Canada. If you stick where you are, and file the inland application, in about 6 months you could have a work permit and be able to work legally.

Others here may disagree with me, but I'd suggest if staying together is what's most important and you don't really have anywhere to go in the USA, then don't leave Canada now, but stay, get your passport renewed, and file an inland application together with a work permit application. There are no experience / education requirements for the open work permit - you get it automatically once your inland PR application reaches first stage approval, but you do have to send both the PR and OWP applications together in the same envelope.

Of course, with no right of appeal, you need to be sure there are no inadmissibility issues, the sponsor is definitely qualified to sponsor, and you submit a watertight application showing you have a genuine relationship (things you should always do anyway, of course).
 

Rinnerz

Hero Member
Apr 8, 2010
431
14
124
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
12-10-2010
AOR Received.
14-12-2010
File Transfer...
09-11-2010
Med's Done....
29-07-2010
Interview........
Waived
Passport Req..
08-07-2011
VISA ISSUED...
07-07-2011
LANDED..........
02-08-2011
Thank you for taking the time out to read my post matthewc! I know it was long.

matthewc said:
It sounds like what is most important to you at the moment is staying in Canada.
To be exact, the most important thing to me is being able to stay with my husband. But yes, one begets the other. We're aware that we wouldn't be able to appeal if, for some reason, we were refused... but at least by then, we'd know we would have given it our best shot. If we try our damnedest to do it right and still don't get it, well... we'll go from there.

I realise you don't like being out of status
I absolutely detest it. At this point, it's not even about not being able to work anymore. It's about the constant feeling of being... ashamed and useless. And always being scared/worried that something will go wrong and I'll be given the boot.

...but if you attempt to get back into status by leaving Canada and re-entering, that actually puts you at some risk of being excluded from Canada.
How so? Theoretically, upon my trying to re-enter Canada they would find that I haven't entered since June '06. But that would be it. Would it not be feasible for them to allow me to visit my husband, especially since he'd be returning with me?

If you stick where you are, and file the inland application, in about 6 months you could have a work permit and be able to work legally.
This is actually great news. Are you saying that I could apply--and be accepted--for an OWP even if my initial status was not legal? If so, that is news to me. And I'm assuming that obtaining an OWP would mean I no longer have to worry about being randomly deported as long as I had the permit. How long are these OWP's typically valid for? Any idea?

Of course, with no right of appeal, you need to be sure there are no inadmissibility issues, the sponsor is definitely qualified to sponsor, and you submit a watertight application showing you have a genuine relationship (things you should always do anyway, of course).
Definitely; this is a given. It's why I am leaning towards asking for professional help in getting our applications ready, but we'll see how that goes. From everything I've read so far, there is no reason for my husband to not be eligible for sponsorship, and we have had friends and family (as well as old landlords and roommates) who have known about our relationship for years now. There are probably old conversations and such that we could dig up as well. Plus of course wedding pictures and the usual things. In point of fact, my sister was here from the UAE staying with us on a visitor's pass for 2 months before/during the wedding, and my grandfather drove in from the States and stayed a week for it as well.

My biggest concern with applying without legal status is this: wouldn't it be sending up a red flag to customs saying I'm here? I'd have to give them my residential address, so they'd know exactly where to find me. And honestly, I'm sure applying while under illegal status doesn't exactly look good on an application. From what you have told me, it sounds like I would just have to make it through the first 6 months or so until I got my OWP (assuming I make it to AIP), then I wouldn't have to worry about this anymore. But it does sound risky.
 
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kollylere

Member
May 27, 2018
13
0
Thank you for taking the time out to read my post matthewc! I know it was long.


To be exact, the most important thing to me is being able to stay with my husband. But yes, one begets the other. We're aware that we wouldn't be able to appeal if, for some reason, we were refused... but at least by then, we'd know we would have given it our best shot. If we try our damnedest to do it right and still don't get it, well... we'll go from there.


I absolutely detest it. At this point, it's not even about not being able to work anymore. It's about the constant feeling of being... ashamed and useless. And always being scared/worried that something will go wrong and I'll be given the boot.


How so? Theoretically, upon my trying to re-enter Canada they would find that I haven't entered since June '06. But that would be it. Would it not be feasible for them to allow me to visit my husband, especially since he'd be returning with me?


This is actually great news. Are you saying that I could apply--and be accepted--for an OWP even if my initial status was not legal? If so, that is news to me. And I'm assuming that obtaining an OWP would mean I no longer have to worry about being randomly deported as long as I had the permit. How long are these OWP's typically valid for? Any idea?


Definitely; this is a given. It's why I am leaning towards asking for professional help in getting our applications ready, but we'll see how that goes. From everything I've read so far, there is no reason for my husband to not be eligible for sponsorship, and we have had friends and family (as well as old landlords and roommates) who have known about our relationship for years now. There are probably old conversations and such that we could dig up as well. Plus of course wedding pictures and the usual things. In point of fact, my sister was here from the UAE staying with us on a visitor's pass for 2 months before/during the wedding, and my grandfather drove in from the States and stayed a week for it as well.

My biggest concern with applying without legal status is this: wouldn't it be sending up a red flag to customs saying I'm here? I'd have to give them my residential address, so they'd know exactly where to find me. And honestly, I'm sure applying while under illegal status doesn't exactly look good on an application. From what you have told me, it sounds like I would just have to make it through the first 6 months or so until I got my OWP (assuming I make it to AIP), then I wouldn't have to worry about this anymore. But it does sound risky.

please can you share the outcome of the result with me? i also have someone with lupus who want to come to canada but thinking about been rejected becuase of SLE. pls advise. Thanks.
 

Oldmacwright

Hero Member
Aug 18, 2017
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please can you share the outcome of the result with me? i also have someone with lupus who want to come to canada but thinking about been rejected becuase of SLE. pls advise. Thanks.
Doesn`t look like she has been on the forum since 2015. But a quick look at her old postings, looks like she applied outland in 2010 and landed sucessfully in 2011. So a happy outcome to this initial post which is good to read considering she was ouit of status for 4-5 years.
 
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kollylere

Member
May 27, 2018
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Doesn`t look like she has been on the forum since 2015. But a quick look at her old postings, looks like she applied outland in 2010 and landed sucessfully in 2011. So a happy outcome to this initial post which is good to read considering she was ouit of status for 4-5 years.

Thank you.