Extension/sponsorship: before or after?

[Triscut]

Hi guys,

Would it be beneficial to apply to extend a visitor visa before or after we are married??
(US citizen marrying Canadian in Canada)
Everything is so touchy, just looking to see what the best option is.

As soon as we are married we will be sending in our spousal sponsorship, but not sure if we should apply to extend his visa that expires in a month and a half now or later??

Thanks

 

[d_j_heckford]

Usually around the 30 day mark is best to submit for a visitor extension visa, I would go with that time frame.

 

[surleplateau]

I think you should apply for the visa extension at least 30 days before his current status expires, so that he maintains status during his stay here while you guys are putting together your application and sending it off. I think it's better to show CIC and CBSA that you make efforts to maintain proper status.

At least that's what I did (US citizen with Canadian partner). There's a spot for "Letter of Explanation" in the online visa extension forms, and I included there a letter from my partner that expressed his wish that I could stay longer in Canada with him while we take care of the paperwork for his sponsorship of my Outland PR application.

I actually applied for and received 2 visa extensions. The first one was after a study permit, and I requested and received 6 months because I thought that was the max I could request. But a friend told me that she requested and received a 1-year extension. So when my 6 months were almost up (30 days before), I applied for a 2nd visa extension for 1 year.

My 2nd visa extension request (for 1 year) took longer than the posted processing time, but I believe that's because we mentioned in the visa extension that we were going to be mailing in a PR sponsorship that same month. I have a feeling that the visa extension request was put "on hold" until my PR sponsorship got approved. Lo and behold, 8 days after my partner got Sponsor Approval, I got my visa extension for 1 year. I was juuuust about ready to call CIC to ask.

 

[d_j_heckford]

I think you should apply for the visa extension at least 30 days before his current status expires,a 1-year extension.

I just said that

 

[Triscut]

Awesome, great info, thanks.
(So nice to hear these similar stories).

We are getting married in ten days, (will submit the sponsorship application right after the marriage is legal), so I'm just wondering if it will make a difference if the extension is done before or after.. If one would hinder the application of the other..?

As I said, his visitor visa expires in June, so it's pretty close to the 30 day mark.
Should we quickly apply now, or wait until we are married?

Thanks!

 

[d_j_heckford]

I would just say have it land on their doorstep at the 30 day mark so gives plenty of time. The visa auto stays extended if goes past 30 day mark point until the decision is made to extend or deny.

 

[Triscut]

Thanks d_j

We are concerned because he travels across the border 3 days a week for work, will the application affect that?

If it isn't approved in the 30 days I understand he would have implied status to stay in Canada waiting the decision, but I imagine he probably couldn't commute?

 

[d_j_heckford]

If CBSA is alert there is a pending sponsorship application in process and you do all the correct stuff extending visa.. far as I know.... it shouldn't be an issue? i'm only speculating it wouldn't be, just whatever you do don't lie or try to hide it from them. Since not a resident of Canada, you are still classed as visiting and do not LIVE there . Do not say you are living there till its official Just visiting

 

[surleplateau]

he travels across the border 3 days a week for work

This may be significant. CIC issues visas (and PR), but it is CBSA who determines who enters Canada, not CIC.

I think you need to hear from other members who have frequent crossings Canada-US, because I believe that some folks get questioned a lot by CBSA because they start thinking that the American is living in Canada if s/he is spending most of the month in Canada.

Someone correct me if I'm wrong, but I thought that for folks from a visa-exempt country (like the US), every time you exit and re-enter Canada, it's basically a "reset" of the 6 months visa status (unless CBSA says otherwise at the border, generally with a stamp/date in the passport)...?

 

[Ponga]

This may be significant. CIC issues visas (and PR), but it is CBSA who determines who enters Canada, not CIC.

I think you need to hear from other members who have frequent crossings Canada-US, because I believe that some folks get questioned a lot by CBSA because they start thinking that the American is living in Canada if s/he is spending most of the month in Canada.

Someone correct me if I'm wrong, but I thought that for folks from a visa-exempt country (like the US), every time you exit and re-enter Canada, it's basically a "reset" of the 6 months visa status (unless CBSA says otherwise at the border, generally with a stamp/date in the passport)...?

You're absolutely correct. Even a stamp in the passport (unless there is also a date written by hand that the traveler must leave by) is still a 6 month authorization.