Extension of Visitor Status pending - When to submit PR?

[poeticaesthetic]

Hey all,

I'm hoping someone can shed some light on this situation. Background: I'm a Canadian citizen sponsoring my spouse, who's a U.S. citizen, for permanent residence. We were married in Canada on January 20, 2013. He's currently residing with me in Vancouver, BC as a visitor and has been here since November 30, 2012. We are applying outland, and it has been a slow process. Originally, he extended his visitor status in May 2013 for 14 months (until August 23, 2014). The intention (and what he wrote in the included letter) was to prepare and file the PR application and that 14 months should be enough time to process it. Well, that didn't happen. We had just moved cities when we filed for the extension, so in addition to getting settled in a new place, we also went on our honeymoon, traveled to visit a bunch of my family over the coming months, etc. Then his FBI police certificate expired (had no idea it was only valid for 3 months instead of 6). We both struggled with depression and anxiety pretty bad last winter and spring (small town kids in the big city=more stress), which kept us from completing the application in a timely manner. We have most of it completed now, just need to flesh out some details and complete the medical exam. He extended his status again before it expired (for 6 months only this time), explaining the situation to CIC (everything I just mentioned, except all the depression details, but he told them I was having health problems, which is true). At the time we extended, he was awaiting a new FBI police certificate in the mail, and told them this as well--told them exactly what we had left to do. He requested 6 months for final preparation and initial processing of the application, after which time he could extend further if needed.

I'm hoping there won't be any problems extending his status; I spoke with another forum member who had been through multiple extensions before filing the PR with no issues, though their situation was different and they were shorter extensions. I am hoping CIC will be understanding of our situation even though we failed to do what we intended in that time. I checked the online times and right now, they are being very slow processing paper applications, so it could be weeks before we hear anything back on his extension of status. We got the police certificate a few weeks ago, but it took forever to reach us, and the date on the document was weeks earlier, which has given us little time to actually use it (we were also away from home for a while). So it's expiring in 2-3 weeks, and we still haven't scheduled the medical exam--we were hoping to do it in Victoria, because we're planning another move right now closer to that area (we have essentially reached our limit with Vancouver--it's become a huge source of stress at this point). We have even begun looking at places. Basically, there is a lot happening at once, which leaves us little time to complete everything before the police certificate expires (again), and I keep going around in circles in my head wondering what to tackle first. So here's what I'm wondering:

1. How long before the FBI police certificate expires can we send it in? Should it be 3 months (maximum) before the postmark date, or the date they receive it? Also, does the Canadian one expire? He got one of those, too, back when we got the first FBI one, but the guys at the fingerprinting place said the Canadian one doesn't expire, and that he wouldn't need a new one. Obviously, if he'll need to get any new certificates, the process will be delayed again (though we shouldn't have any trouble getting the application in before February, which is when his new extension will end--if they grant it).

2. Should we even bother filing the PR application until we've heard something back about the extension? I would hate to change all our plans and frantically fill out paperwork and pay those huge PR application fees only to get a letter in the mail saying they denied his visitor extension. Though we are applying outland, so would it even matter? Could it improve his case for extension if they noticed his PR application on file by the time they start processing? Could it harm his chances if it's not?

3. How worried should I be, realistically? Ha... I'm wondering if we should even attempt to move (to an island, no less) before we know the answer--money IS an issue right now, so I don't want to go to all the trouble and cost of moving and then find out we have to move again back to the States (we will be sticking together if that happens!) Am I being paranoid? What are the odds that they'll deny his extension? (Please, no unnecessary fearmongering, I do enough of that to myself!)


Thanks very much in advance! Looking forward to all your responses.

 

[Unhappy]

ABSOLUTELY, get your PR app in right away. The only thing you have in your favour right now is that he is from the USA and, statistically speaking, less of a risk to CIC in being a 'runner'.Try and force yourself to getting this important stuff done. I'm actually impressed that they gave you the extensions you asked for. Mentioning anything about medical problems, not mentioned on your medical certificate, might be a red flag for them and trigger a medical review. This is a really long process. The more you delay getting your apps in, the more you will pay in the end. The forms aren't that bad. They certainly aren't any worse than the forms you are filling out for extensions. You don't know what's coming at you in the future. What if you have to do any cross border travel ? I didn't know Americans required a TRV to visit. Interesting. Good luck.

 

[canuck_in_uk]

1. How long before the FBI police certificate expires can we send it in? Should it be 3 months (maximum) before the postmark date, or the date they receive it? Also, does the Canadian one expire?

2. Should we even bother filing the PR application until we've heard something back about the extension? I would hate to change all our plans and frantically fill out paperwork and pay those huge PR application fees only to get a letter in the mail saying they denied his visitor extension. Though we are applying outland, so would it even matter? Could it improve his case for extension if they noticed his PR application on file by the time they start processing? Could it harm his chances if it's not?

3. How worried should I be, realistically? Ha... I'm wondering if we should even attempt to move (to an island, no less) before we know the answer--money IS an issue right now, so I don't want to go to all the trouble and cost of moving and then find out we have to move again back to the States (we will be sticking together if that happens!)

Hi

1. They should go by the postmark but you never know what CIC is going to do. If you guys buckle down, get the rest of the app done and get the medical done, you can have your app submitted within a few days and it won't matter. He didn't even need to get a Canadian PCC, so don't worry about that.

2. File the PR app as soon as you can. On the off chance that his extension is refused, it won't have any effect on the PR app. The PR app most likely wouldn't be in the system when they look at his extension app. It won't harm his chances.

3. Don't be worried. There are many people who have extended their visitor status in Canada for a number of years while going through this whole process. As long as you provided proof of financial support, the extension has a good chance of being approved. If it is refused, he doesn't have to leave immediately. He can submit another extension app requesting restoration of status as a visitor, with evidence of the submitted PR app. http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

 

[poeticaesthetic]

Thanks for the replies!

Mentioning anything about medical problems, not mentioned on your medical certificate, might be a red flag for them and trigger a medical review.

Unhappy, I'm not sure what you mean by the medical certificate...he doesn't have one, because we haven't applied for PR yet. He only mentioned that I had been having medical problems when he asked for his most recent extension, as a partial explanation for the delay; I am just his sponsor, so I'm not sure why that would matter.

Hi

1. They should go by the postmark but you never know what CIC is going to do. If you guys buckle down, get the rest of the app done and get the medical done, you can have your app submitted within a few days and it won't matter. He didn't even need to get a Canadian PCC, so don't worry about that.

2. File the PR app as soon as you can. On the off chance that his extension is refused, it won't have any effect on the PR app. The PR app most likely wouldn't be in the system when they look at his extension app. It won't harm his chances.

3. Don't be worried. There are many people who have extended their visitor status in Canada for a number of years while going through this whole process. As long as you provided proof of financial support, the extension has a good chance of being approved. If it is refused, he doesn't have to leave immediately. He can submit another extension app requesting restoration of status as a visitor, with evidence of the submitted PR app. http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

canuck_in_uk, thank you for clearing up my confusion about the PR app being filed while his extension is pending. I know we should just get on it and get it in ASAP (it's amazing how we can blow things up in our minds and make them seem impossible). The main thing to do is the medical exam, which hasn't been scheduled, but maybe we can get one over with really fast, if there's no wait for an appointment. Thanks also for filling me in about restoration of status in the event of refusal. He did provide solid proof of financial support with his application, which was well-organized and included a letter explaining what has happened and what the plan is, as I mentioned; so as long as they are understanding of the delays we've faced I'm sure they'll approve it (I just don't know how they'll react).

I'll try not to worry; my main concern is whether the police certificate will still be valid by the time they start processing. If they deem that the certificate is too old, will they deny the application, or just request a new certificate? Also, you say he didn't need a Canadian one...I was under the impression that once someone has been in Canada for 6 months or more (visitor or not), they needed one. Is that wrong?

Also, one more thing: does it matter that he hasn't filed his income tax return for the past several years? Will CIC notice or care? He had no income during that time (he was mostly traveling), except for a month-long stint at a bakery which he may or may not have income slips on file for. I know you can file back taxes with the IRS with few if any problems, but I'm not sure if he needs to get this up-to-date for his Canadian PR app or not (I was just speaking on the phone to someone at a local tax centre regarding our combined income now that I'm married, and she was going off about how the IRS and all this is connected and that his unfiled taxes might cause problems with the PR app. I believe someone here told me CIC wouldn't be interested in his tax returns, but I want to make sure).

Thanks again for the replies!

 

[scylla]

The fact he hasn't filed his US taxes won't create problems for his PR application - however he does need to catch up on filing his US taxes. This is very important even if there are years where he hasn't earned income (he must still file a return even if he had zero income).

Note that he must also continue to file US taxes once he has PR and is living in Canada permanently. If you are American, it doesn't matter where you are living in the world, filing taxes is mandatory.

Failing to file US taxes can create other problems for him unrelated to his PR application for Canada. So again, it's important he catch up on filing when he has time and then continue filing regularly on an annual basis.

 

[canuck_in_uk]

Unhappy, I'm not sure what you mean by the medical certificate...he doesn't have one, because we haven't applied for PR yet. He only mentioned that I had been having medical problems when he asked for his most recent extension, as a partial explanation for the delay; I am just his sponsor, so I'm not sure why that would matter.

Ignore what this poster said. It doesn't matter.

I'll try not to worry; my main concern is whether the police certificate will still be valid by the time they start processing. If they deem that the certificate is too old, will they deny the application, or just request a new certificate? Also, you say he didn't need a Canadian one...I was under the impression that once someone has been in Canada for 6 months or more (visitor or not), they needed one. Is that wrong?

It doesn't need to be valid when they start processing. It needs to be valid (less than 3 months old) when the app is received. If it's more than 3 months old when they receive it, they may either send the whole app back or just request a new one.

Canada PCC - http://www.cic.gc.ca/english/information/security/police-cert/north-america/canada.asp

Do I need to provide a Police Certificate with my Application for Permanent Residence? No

that his unfiled taxes might cause problems with the PR app. I believe someone here told me CIC wouldn't be interested in his tax returns, but I want to make sure).

As per scylla's post above, it won't affect the PR app but will cause him issues with the IRS.

 

[poeticaesthetic]

Thanks guys It's amazing how much misinformation is floating around. We'll do our best to get this in before the police certificate expires.

It doesn't need to be valid when they start processing. It needs to be valid (less than 3 months old) when the app is received. If it's more than 3 months old when they receive it, they may either send the whole app back or just request a new one.

I really hope the post mark date will do for receiving the police certificate...I'm a little nervous about what might happen if that's not sufficient (we really can't afford to pay the fees twice!). The application is mostly filled out but I'll come back and ask a few more questions we have about the forms in a separate thread(s).

It was previously suggested to me to do the medical exam up front (scheduled a week before sending in the application). I'm not sure how all the timing will work out if he does get an appointment in the next couple weeks. Can we send the application in before completing the medical exam? My understanding is that they file the med exam results electronically...is there some kind of proof that we need to include with the application? Does it matter if they receive one before the other, or is there some kind of appropriate window/time frame?

Thanks again!

 

[canuck_in_uk]

I really hope the post mark date will do for receiving the police certificate...I'm a little nervous about what might happen if that's not sufficient (we really can't afford to pay the fees twice!). The application is mostly filled out but I'll come back and ask a few more questions we have about the forms in a separate thread(s).

Can we send the application in before completing the medical exam? My understanding is that they file the med exam results electronically...is there some kind of proof that we need to include with the application? Does it matter if they receive one before the other, or is there some kind of appropriate window/time frame?

You won't have to pay fees twice. You would re-submit the app using the same fee receipt.

The medical must be done before submitting the app. If you send it without doing the medical, it's possible that CIC may return the app as incomplete. If they don't send it back, there may be a delay when they have to send you the medical request, wait for it to be done, wait for the results etc. It is best to do it as close as possible to the actual submission date, as the medical is only valid for a year, so one week before is a good time.

 

[QuebecOkie]

The fact he hasn't filed his US taxes won't create problems for his PR application - however he does need to catch up on filing his US taxes. This is very important even if there are years where he hasn't earned income (he must still file a return even if he had zero income).

That's not true. You don't have to file a tax return if your income was below a certain level. If you had no income, you don't have to file that year. http://www.irs.gov/uac/Do-I-have-to-File-a-Tax-Return%3F

The part about having to file US taxes even if you are in Canada (or anywhere else in the world) is, unfortunately, true. Pisses me off to no end! This will be the first year I have to do it, and it's going to be really hard to make myself do it, as I think it's completely unwarranted, since I didn't make a dime in the US.

 

[poeticaesthetic]

You won't have to pay fees twice. You would re-submit the app using the same fee receipt.

The medical must be done before submitting the app. If you send it without doing the medical, it's possible that CIC may return the app as incomplete. If they don't send it back, there may be a delay when they have to send you the medical request, wait for it to be done, wait for the results etc. It is best to do it as close as possible to the actual submission date, as the medical is only valid for a year, so one week before is a good time.

Thanks for clearing that up. It's good to know that we wouldn't have to pay extra. I feel a little rushed at the moment; if we really are to get this application in now there are potential financial issues (we are both currently being supported by our parents, and a lot of expenses have come up recently--including some unexpected dental work for which I have no insurance currently--so I will need to work all this out with them and maybe postpone some of my dental work). I am really hoping we can get this all in; I still need to figure it out. If for some reason we can't afford to get the application in this month (I hope that's not the case)...well, I don't know how to finish that sentence. His extension of status application was sent in around the third week of July (snail mail), so according to the website they haven't even gotten to it yet; it says that they're just now processing paper applications received on July 4, and that processing takes 62 days (seems ridiculous). I'm not sure how this will affect our timing, though. If we don't get the app in this month, we'll need to request a new police certificate, and hope that there are no problems with his extension.

That's not true. You don't have to file a tax return if your income was below a certain level. If you had no income, you don't have to file that year. http://www.irs.gov/uac/Do-I-have-to-File-a-Tax-Return%3F

The part about having to file US taxes even if you are in Canada (or anywhere else in the world) is, unfortunately, true. Pisses me off to no end! This will be the first year I have to do it, and it's going to be really hard to make myself do it, as I think it's completely unwarranted, since I didn't make a dime in the US.

Thanks for the info. I know that when I was in the States, it was the same thing--still had to file Canadian taxes. Hopefully he's not too behind on his, then, if he didn't need to file!

 

[canuck_in_uk]

Thanks for clearing that up. It's good to know that we wouldn't have to pay extra. I feel a little rushed at the moment; if we really are to get this application in now there are potential financial issues

If it helps, you can delay paying the $490 RPRF until CIC requests it. Only the Sponsor Fee ($75) and Principal Applicant Fee ($475) must be paid upfront.

 

[poeticaesthetic]

If it helps, you can delay paying the $490 RPRF until CIC requests it. Only the Sponsor Fee ($75) and Principal Applicant Fee ($475) must be paid upfront.

Ooh, thanks! I found the information you're referencing here: http://www.canadavisa.com/canadian-immigration-faq-application-costs.html (posting this mostly for my own future reference).

It would certainly help to not have to pay all of that at once. Going to figure out the finances today, and get on this!

 

[poeticaesthetic]

Since it's somewhat related: on the Generic Application Form for Canada, it asks for visitor from-to dates; since he's still awaiting a response on his visitor extension, what should he put down for the "to" date? The last day of his requested authorization (if they approve the extension, six months will end on 02/19/2015), "present," or something else?

 

[canuck_in_uk]

Since it's somewhat related: on the Generic Application Form for Canada, it asks for visitor from-to dates; since he's still awaiting a response on his visitor extension, what should he put down for the "to" date? The last day of his requested authorization (if they approve the extension, six months will end on 02/19/2015), "present," or something else?

You can put anything and then just include a separate sheet explaining the situation.

 

[poeticaesthetic]

You can put anything and then just include a separate sheet explaining the situation.

Nice, does that work for anything? We may need to explain a few other things in the app...would you recommend we put it all in one letter, or separate sheets for separate forms?

Edited to add: Got the finances worked out, so we're set! I'm guessing we'll have to wait until Monday to make a medical exam appointment; hopefully he can get that done next week. It's probably going to have to be postmark date for the Police Certificate (on September 26 it will have been 3 months since the date they completed the search), so I hope that's good enough! I'm sure we can have it sent off by then.

Thanks for all your help!