American overstayed in Canada to marry partner

[Skywalker16]

Hello guys,

I came to Canada 13/10/12 and was given a visitor's record my "valid until date" is 30/11/12 for some reason since I couldn't "prove ties" to the US (was unemployed at the moment living with relatives). The border officer was nice however and explained that I should call a 1-888 number in the back if I wanted to stay longer or if anything changer. I ended up overstaying since my then fiance and I decided to get married in Ottawa city hall on December. I naively called the number on my visitor's record telling the operator that I planned to marry a Canadian and wanting to ave more information on the forms and also telling her that I would be staying longer on my visitor's pass (call made around 22/10/12); she told me she'd sent me an e-mail and that the extension would not be a problem and we hung up. To be honest I thought my extension was not a problem any more since that phone call in which I've started to wonder if I misunderstood the operator. We had been waiting the 10 weeks for the certificate after our wedding to be able to apply for sponsorship, since my wife is the only one working right now we had some financial troubles and weren't able to get the certificate or sponsorship started. Now 7/19/13, the wife and I have started to look into how to go about this and don't know if me overstaying the visit would affect me in the process. I have seen that many people suggest I extend my visit, but I cannot find the fees or documents listed on the Canada Immigration website and if I'm not mistaken there's a chance even then I'd be denied of this extension. I have not been asked to leave the country or anything but it's nearing a year now and I don't want to be sent a letter for me to leave the country and then not be able to come back.

-I was wondering if leaving to the US would be an option and filling for sponsorship from there, maybe try and come back with my papers already in process? (This would also provide me with the opportunity to work while the papers are in process)
-Also my wife is Mohawk and therefore she has dual citizenship, if leaving and applying from the U.S. is a favorable option, would it affect the process if she comes live/work in the US while it's being processed?
-Right now we live in Quebec, is there any difference for this process then?

Recap:
-Came to visit 3/10/12 granted VP until 30/11/12 overstayed until 7/19/13 so far.
-Married Canadian citizen on 28/12/13 and have not applied for sponsorship yet.
-Have not been asked to leave the country.

Any help would be appreciated!
Thanks,
Skywalker16

 

[MilesAway]

You need to apply for an extension, the phone call did not do that. Since you are out of status, you cannot extend it, and you also cannot restore your status, since it's been too long since you lost your status.

You can certainly go to the US and apply outland. You cannot work as a visitor in Canada. You need a work permit. You can get an Open Work Permit if you apply inland, and you get this after Stage 1 (something like 6-8 months). If you apply outland, you'll need to get an LMO (Labour Market Opinion) and apply for a work permit. As a US citizen (I assume), you might be eligible for a work permit at the border under NAFTA.

Your wife can certainly live with you in the US, but she would need to show proof that she intends to move back to Canada once you get PR status.

For Quebec applicants, there are a few differences. You need a CSQ (certificat de selection de Quebec) and some of the forms don't apply to you. I'm not familiar with how that works, but in general, it's the one extra step of getting the CSQ and sending that to your VO.

You may have better luck if you wait and come back once you have sponsorship approval (stage 1, outland). However, your overstay may cause problems.

 

[Skywalker16]

Thanks for the prompt response MilesAway!

At this point we are considering just moving to the U.S. (since she has dual citizenship and it'd be easier for her to make the transition) where we would apply out-land and I'd be able to work since I've heard the fees mount up. Once approved to stage 1 we might try and cross with all the roper sponsorship documentation at the ready.

Would it be recommendable to do the application process completely from the US and when it's time to come to Canada explain the situation with my overstay if it's an issue then?

Also would it even matter that we're in a same sex relationship and that we had a long distance relationship for a year and then some before I came to Canada and overstayed? (Had come twice before that with no problem)

Sorry for all the questions, I don't want to make any more mistakes!
Thanks!
Skywalker16

 

[MilesAway]

Be careful if/when you do try to return to Canada, you cannot live in Canada or move to Canada without PR status. You can certainly visit your spouse, but don't say "move" or "live". Those tend to get you sent back.

Under Canadian law, same-sex and opposite-sex relationships are treated the same way, which in immigration terms means that they are both scrutinized. You will need to show proof of relationship, so whatever proof you had from the long distance days, as well as proof that you lived together. I don't believe you'll have issues in being approved, your issue would be crossing the border before you get the COPR (confirmation of permanent residence).

Some people recommend that you travel with your spouse, and let the Canadian citizen do the talking at the border. It will depend on border guard though, so I can't say if you'll have problems or not.

 

[Skywalker16]

Sounds good!

Just to make it clear, her having dual citizenship to your understanding, she'd be able to come move/work with me to the US while this is being processed and still be my sponsor with no problem as long as she makes it clear she intends to move back when my documents are cleared, right?

 

[MilesAway]

Yes, she needs to show some proof of her intent to return. This could be job offers, rental agreements, mortgages, or even statements from family members offering to let you live with them until you are settled. Since the process takes an unknown amount of time, people generally make a plan, because getting a job offer for an unknown start date is rather difficult, same for housing.
Canadian citizens are allowed to sponsor from anywhere in the world, it is only PRs that must be residing in Canada for the whole process.

Could your spouse get a letter from her employer offering to take her back? If so, that would certainly help. Also, her living with you in the US would help your case, since it shows that you are a genuine couple. (I am a future sponsor, living abroad with my same-sex partner.)

 

[Skywalker16]

I believe that her employer would be nice enough to do such a thing, if not her family certainly will!

Thanks for all the help, it's put me tons at ease from how I was before posting this message. Granted I'm still slightly unsure of how it will go when crossing the border again, but I'm certain that taking steps into legaly becoming a citizen will help.

Looks like the wife and I will be heading to the states in a couple of months!

I wish you the best of luck with your future sponsorship and your relationship MilesAway and again, thanks a million!