Buffalo -what if visa expires before application determined?

[MexiCana]

I am sponsoring my CL partner and we want to apply through Buffalo CIC. We cohabitate in Canada and my partner has been legally resident in Canada for over one year. We wish to apply outland vs. inland due to speedier process, to maintain a right of appeal, and in case my partner needs to return to Mexico in an emergency pending determination of the application (his mother has a chronic illness).

He has a 10 year visa to the USA so being called in for an interview should not be a problem. We would prefer to interview in the US as it is closer than Mexico. Of course my great hope is that an interview will not be necessary in any event, as though I am confident he can enter the US I question whether he will be permitted entry back into Canada if they know we live together and have a sponsorship application pending. In any event, if that happened and he needed to return to Mexico for a few months we would survive.

We are will apply in the next few days.

He here on a TWP. The permit will expire June 15. He was laid off and we wish to extend the visa as a non-working visitor. We will apply for the extension in due course and I understand that he will have a deemed status pending determination of the extension.

My hope is that either Buffalo will complete its decision prior to the determination of the visa extension or that the visa extension will be provided and it will be for a sufficient time to permit Buffalo to dispose of our application.

Our application is amazing. We have tons of evidence of every variety, however I have been married before and the marriage dissolved very shortly before my current relationship. I am submitting leases, insurance, bank account, statutory declarations, letters of support from family friends and colleagues, hundreds of emails, photographs with family and friends, facebook pages, phone records, records of activities undertaken together (travel, concerts etc), correspondence between my ex and I and friends and family about demise of marriage and the distribution of assets and net family property and divorce proceeding papers (the marriage was only one year, which I'm not sure is a good thing or a bad thing). Many of my letters of support attest to the problems in the previous marriage and my family's disapproval of it, and their approval of my current relationship. We have intiatiated divorce proceedings but hey are not complete. I am submitting extra evidence to prove both that my marriage is over and my current relationship is genuine, but I am still nervous that our application may take longer to determine because of our situation.

So here's my question:

What will happen if the visa application is denied and the PR application has not yet been determined(i.e., he loses his status in Canada)? Will our application be forfeit? Will it be forwarded to Mexico and be significantly delayed?

Thanks,
Cana

 

[RobsLuv]

He should apply to extend his status and change conditions to visitor. As long as the extension application is received by CIC prior to the expiration of his current visa, he'll have implied status to remain in Canada legally until they make a decision on the extension (about 100 days). With proof of your relationship, your ability to support him and that you have an outland PR ap in process, there shouldn't be any reason why he wouldn't be approved.

If he leaves Canada before he receives his new status, his "implied status" goes away. If he leaves Canada after obtaining his status extension, it will most probably be invalidated by his leaving Canada and he'd have to come to a Canadian port of entry to obtain new status (on his US credentials) or apply for a TRV (on his Mexico passport) - which he probably would not get based on his relationship with you and the PR ap in process. If he travels to a Canadian POE and tries to enter based on his status in the States, you should be with him to vouch for your relationship and your willingness to continue supporting him until the PR ap is finalized. If he's alone, it's likely he wouldn't be admitted then either.

If, for some reason, the extension was denied it would not affect the processing of the outland PR ap and it would not necessitate a transfer to Mexico City. The ap will be processed via Buffalo in the first place because of his 10 year status in the States, not necessarily because of his status in Canada. Unless he was initially admitted to Canada with status valid for at least one year, he wouldn't be eligible to apply through Buffalo based on his Canadian temporary status - but even if he was, he's also eligible because of his status in the States. That won't change.

 

[rachel6992]

Is his 10 year visa to the US an H1 visa, for crossing the border? I think you might be mistaken that you can apply through Buffalo. If he hasn't been legally admitted for a complete year, then they'll transfer it to D.F.

We were in the same position - my boyfriend had a 10 year visa, but every time he entered the U.S., they gave him a permit (typically for 6 months). CIC-Mississauga originally sent our app to Buffalo as well, and then once they realized that he hasn't been lawfully admitted for 12 consecutive months, they transferred it to Mexico City, thus prolonging the entire process.

If you have a different kind of visa, though, you may be able to go through Buffalo, which would be awesome because it's way faster than Mexico. It's my understanding, however, that he had to have lived, or is living, in the US for 12 months straight. Someone please correct me if I'm wrong about that!

Anyway, good luck with your app! Keep us posted!

 

[MexiCana]

Thanks for these responses, they are helpful and set my mind at ease.

Let me clarify his status and why we are applying through Buffalo as there appears to be some misunderstanding:

1) We are applying through Buffalo CIC on the basis of over one year's lawful residence in Canada. (This is permitted, you can confirm this by visiting Buffalo CIC's web site and looking under the "Family Class" tab on their site. Unfortunately I cannot post links.)

Edit: initial entry to Canada was via an 18 month TWP (NAFTA -Intra-company transfer) and I understand this to meet the definition of "legally resident for one year." This is what we're seeking to have extended (only we'll apply for a change in status to visitor as RobsLuv suggested).

2) His 10 year visa is only a visitor's visa, not a resident visa. I do not believe he could use it to apply to Buffalo CIC as he's never been "lawfully resident" in the US. As Mexicans need visas to enter the US, this visa will only come into play if he is called for an interview and perhaps when we drive to the border to land if the application is approved.