Extend stay vs submit PR paperwork

[sunnynoon]

Hello All,

I have a couple of questions that I would love to have your advice on.
I am american, have had trouble crossing the border before (couldn't prove ties to the US) - so they are usually pretty thorough with me at customs.
I came across Oct 18 stating I would be here for a month - gave proof of return ticket etc. They stamped my passport with no return date - just a normal stamp - but at customs also took a copy of my return ticket.
My husband and I got married on Oct 20 and have already been working on getting things done for PR - waiting on FBI background check that should be here anytime and of course a copy of our marriage certificate.
My question is that if for some reason the marriage certificate (which we need for the paperwork) or my FBI background check results take longer than my 1 month (before my return ticket - that immigration has a copy of) should I apply for an extension of my visitor stay (even though the stamp on my passport does not have an out date)? Or will I still be good for 6 mo- even though they know when my return flight is.
Also - when my passport was stamped - the date of the stamp isn't horribly clear - in fact I am pretty sure you can only make out 18 OCT - with no year visible because she didn't press hard enough. Is that going to cause me problems?
And finally - if I do have to apply to extend my stay - should I put on the paperwork that I want to stay because we are applying for PR?

Like I said - I am from the US - hubby is Canadian citizen. We are doing inland so that I can apply for OWP and because I have so much trouble at the border already - don't really care to cross it any more for awhile. (I know that people often encourage outland application - but hubby and I both feel inland is best for our situation.)

 

[Alurra71]

ok, couple of things:

1. The stamp in your passport, likely they put it there to 'track' your passages across the border, so they know when you last entered. If you are back and forth a lot, they will do that, they did that to me as well.

2. You can stay with your hubby AND do an outland application. You may find it goes much quicker than inland, although they have picked up the pace inland recently as well.

3. Apply for a visitor record online. Do this only after you guys have mailed off your PR paperwork. Be sure to include a copy of the receipts for proof they have been filed, also keep a copy of your FBI certificate. This will also help you for your visitor record. I don't know why, maybe it gives CBSA peace of mind or something? They got my marriage certificate, both of my police clearances, copies of my application receipts and my passport. They issued me a visitor record with a smile after that.

Just remember you don't HAVE to cross the border into the US again by doing an outland application until you actually get your COPR then you can just 'flagpole' it and land as PR

Good luck with whichever way you decide to go!

 

[sunnynoon]

We are still going to apply inland - that wasn't really my question -although I appreciate the response.
My question is more related to whether or not I need to extend my stay even though there is no out date on the stamp in my passport (which would imply that I have 6 mo) - mostly because they have a copy of my return ticket (which I don't plan to return to the US with).

I just want to make sure that there is no reason for immigration to come and knock on my door telling me to pack up and leave. Going back and forth to the US isn't really a concern at all...more or less just fearful that Nov 17th will come around and I am not on the flight back home and they notice and aren't happy about it.

That's really what my concerns are.

 

[Alurra71]

I don't think they will come knocking on your door, mind you anything is possible with CBSA, however I think you will be ok. I would send in my paperwork asap though and then get a visitor record just because. If they have given you a hassle at the border this time and in the past nothing is impossible.

Anyway, yes, if it were me, I would get a paper visitor record so as to give them less reason to be watching for me.

 

[hockeyfan]

We are still going to apply inland - that wasn't really my question -although I appreciate the response.
My question is more related to whether or not I need to extend my stay even though there is no out date on the stamp in my passport (which would imply that I have 6 mo) - mostly because they have a copy of my return ticket (which I don't plan to return to the US with).

I just want to make sure that there is no reason for immigration to come and knock on my door telling me to pack up and leave. Going back and forth to the US isn't really a concern at all...more or less just fearful that Nov 17th will come around and I am not on the flight back home and they notice and aren't happy about it.

That's really what my concerns are.

Hey Sunny,

You always need valid status within Canada whether you choose the inland or outland process. You will need to extend your status by filling out the application to change, or extend your conditions. You are American, right? That means you are visa exempt and you have 6 months of valid status from time of the stamp in your passport.

I would suggest you apply outland though as it's much faster than inland and you can leave the country and come back. With inland it takes up to 19 months to finish the process and you are not supposed to leave Canada.

Best wishes,

 

[sunnynoon]

Ok so the fact that they have my return ticket and that I won't be leaving on that date doesn't matter...as of right now I have 6 mo from the date on my passport...so if in the next few weeks all my paperwork comes in for PR - I can submit that -even if it's after the return flight comes and goes? That's good news....

So I won't have to send in an extension of visitor stay immediately - as long as I submit PR within my 6 months time frame. Until that 6 mo. is up and then extend visitor status through the PR process - right?

 

[Alurra71]

If you are indeed going to continue with your Inland application and sending in the OWP along with this application, you will have implied status, as long as you get it to Vegreville before your 6 months is up. You can then decide whether or not you wish to extend your visitor record because you will still be 'legal' here until they make a decision on your OWP at the very least. Hope that helped.

 

[hockeyfan]

Ok so the fact that they have my return ticket and that I won't be leaving on that date doesn't matter...as of right now I have 6 mo from the date on my passport...so if in the next few weeks all my paperwork comes in for PR - I can submit that -even if it's after the return flight comes and goes? That's good news....

So I won't have to send in an extension of visitor stay immediately - as long as I submit PR within my 6 months time frame. Until that 6 mo. is up and then extend visitor status through the PR process - right?

I haven't done any research recently, so you may want to check that you have 6 months of valid status from the date they stamped your passport. Please note anything said on this forum might not be entirely accurate all the time, but we try our best!

Why are you applying inland by the way? Doesn't make much sense to me... I am from the States and I wish I had known I could apply outland while living in Canada.

 

[sunnynoon]

We are applying inland so that I can get a OWP.

That and once that is submitted I don't have to keep worrying about my status here until they make that decision.

It just seems easier for us and our situation. I don't have plans to return to the states anytime soon...and I know that the option to do so would be good to have - but with all of the trouble we have had with everything...we don't want to run the risk of getting turned down on extending visitor extension and all that...would rather just get it done all at once.

 

[hockeyfan]

We are applying inland so that I can get a OWP.

That and once that is submitted I don't have to keep worrying about my status here until they make that decision.

It just seems easier for us and our situation. I don't have plans to return to the states anytime soon...and I know that the option to do so would be good to have - but with all of the trouble we have had with everything...we don't want to run the risk of getting turned down on extending visitor extension and all that...would rather just get it done all at once.

Okay, to each his / her own!

Stage 1 approval otherwise known as A.I.P is when you get your OWP and that is taking 11 months to complete with another 6 months for Stage 2 to be finished. As opposed to outland where you're probably done the whole process in 11 months.

Just food for thought.

Best wishes,

 

[sunnynoon]

Who should I contact to see if my visitor status is good for 6 mo?
Online it says that if there is no date - you have 6 mo. but I would rather be safe than sorry. I don't want to get in a bad situation.
But I also don't want to call special attention to myself if there is no reason to.

Again... met with immigration when I arrived on Oct. 18 - stamped my passport with no out date - but also took a copy of my return ticket.

 

[canuck_in_uk]

Who should I contact to see if my visitor status is good for 6 mo?
Online it says that if there is no date - you have 6 mo. but I would rather be safe than sorry. I don't want to get in a bad situation.
But I also don't want to call special attention to myself if there is no reason to.

Again... met with immigration when I arrived on Oct. 18 - stamped my passport with no out date - but also took a copy of my return ticket.

Doesn't matter about your return ticket. If they didn't give you a deadline to leave (they give you an official document that tells you when you have to leave), you have 6 months, no need to call anyone to confirm it.


I also agree with the others who have said you should apply outland. Ottawa averages about 8 months right now, start to finish. You won't even get the OWP with inland for 11 months, then it's another 8 months for PR after that. Maintaining your status during an outland app is simple; there are many Americans who have stayed as visitors in Canada throughout the whole process, some for years. Mid-March 2014, submit an online extension of stay. Ask for a one year extension, include proof of the PR app and financial support (spouse's payslips or savings).

 

[sunnynoon]

Thank you all so much for your help! That's really great!

 

[sunnynoon]

Ok so I have really been considering inland vs. outland again since everyone keeps suggesting outland for me.

Here is my thoughts currently -

If I apply inland with OWP - then I have implied status until they make the decision on OWP...which would mean I wouldn't have to extend visitor stay when my 6 mo. is up.
If I apply outland - then in March (6 mo is up in April) I would submit extension of visitor stay and wait to see if I am ok or not - if not - have to head back to the states and wait it out.

How often are visitor extensions denied? My thoughts are that it might be less stressful for me (even though the processing time is crazy long) to not have to constantly wait on hearing about extensions to my stay. Does that make sense? - I am already so nervous because of my experiences at the border - so the idea of submitting all the paperwork and being OK (with implied status) is a bit more appealing to me than having to file extensions that could be denied. And then I would have to wait out the rest of the process away from my hubby - which would be hard (not undoable - I know many of you do not live with your sig. others). I just wish there was a clear cut way to go about this without all of the uncertainty.

 

[canuck_in_uk]

How often are visitor extensions denied? My thoughts are that it might be less stressful for me (even though the processing time is crazy long) to not have to constantly wait on hearing about extensions to my stay. Does that make sense? - I am already so nervous because of my experiences at the border - so the idea of submitting all the paperwork and being OK (with implied status) is a bit more appealing to me than having to file extensions that could be denied.

I haven't seen an extension denied to an American with a PR app in process. There are American forum members who have "lived" in Canada as visitors for several years while their PR app was processing. That's not to say that refusals don't happen but they would be rare.

Include proof of the PR app and proof that you (or your spouse) can support your extended stay, and there is very little chance of a denial. Ask for a 1 year extension so you won't have to extend it again.